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Docket No. ND02-00087

DEPARTMENT OF THE NAVY
 NAVAL DISCHARGE REVIEW BOARD (NDRB)
                     DISCHARGE REVIEW
                   DECISIONAL DOCUMENT

 ex-PRAR, USN
Docket No. ND02-00087

Applicant’s Request

The application for discharge review, received 011016, requested that the characterization of service on the discharge be changed to general/under honorable conditions.  The Applicant requested a documentary record discharge review.  The Applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20 June 2002.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the Applicant’s service.  The Board’s vote was unanimous that the character of the discharge shall not change.  The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  SEE ATTACHED WRITTEN STATEMENT.

Documentation

In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:

Applicant's Statement (2pgs) 
Copies of DD Form 214 (2)
Copy of Certificate of Promotion (Seaman)
Copy of Certificate of Completion (Aircrew Survival Equipment Course, Class A1)
Character Reference Letters (3)
Employment Reference Letters (2)
Reference Letter
Copy of Graduate Certificate from Dept of Correction Elizabethtown Training Academy
Copy of Certificate for Exceptional Performance on Duty 
Copy of Certificate of Completion (Police Rifle Expert)
Copy of Certificate of Completion (Suicide Prevention)
Copy of Certificate of Completion (Expandable Baton)
Copy of Certificate of Completion (Olearesin Capsicum Aerasal)
Copy of Certificate of Completion (Nova Spirit hand held, non lethal electronic immobilization devices)
Copy of Standard First Aid and Adult CPR Cards
Letter from Applicant to Governor of South Carolina (2pgs)

PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

	Active:   USN			None
	Inactive: USNR (DEP)	901121 - 910903	COG

Period of Service Under Review:

Date of Enlistment:  910904		Date of Discharge:  921113

Length of Service (years, months, days):

	Active:    01  02  10
	Inactive:  None

Age at Entry:  18			Years Contracted:  4 

Education Level:  12			AFQT:  39

Highest Rate:  PRAN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  2.20 (2)	Behavior:  2.20 (2)		OTA:  2.20

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM 

Days of Unauthorized Absence:  17 

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – commission of a serious offense, authority:  NAVMILPERSMAN, Article 3630600.

Chronological Listing of Significant Service Events:

920713:	NJP for violation of UCMJ, Article 112: Drunk on duty on or about 920701 as duty section 2 member prior to VAQ-131 0400-0800 Flight Line Watch.
	Award:  Extra duty for 30 days, reduction to E-2 (suspended for 6 months).  No indication of appeal in the record.

920902:	Applicant seen for psychiatric evaluation in regard to suicidal ideation and alcohol abuse.  He is considered free of psychiatric disease and fit for duty.
 
920904:	Punishment of RIR to PRAA suspended at CO's NJP of 920713 vacated due to continued misconduct.

920921:	NJP for violation of UCMJ, Article 86: Unauthorized absence from on or about 0730, 920731 until on or about 1240, 920817 (17days/R), violation of UCMJ Article 87: Missed movement on 920801.
	Award:  Forfeiture of 1/2 pay per month for 1 month, restriction for 30 days, reduction to E-1.  No indication of appeal in the record.

920924:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

920924:  	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

920925:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.
 
921016:	BUPERS directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 921113 under other than honorable conditions for misconduct due to commission of a serious offense (A and B).  The Board presumed regularity in the conduct of governmental affairs (C).  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (D and E).

Issue from letter:  The Applicant contends his military offenses can be attributed to the hardship he encountered as the result of a failing marriage.  The NDRB recognizes that serving in the U.S. Navy is challenging.  Our country is fortunate to have men and women willing to endure the hardships and sacrifices required in order to serve their country.  It must be noted that most members of the Navy serve honorably and well and therefore earn honorable discharges.   In fairness to those members of the Navy, commanders and separation authorities are tasked to ensure that undeserving Sailors receive no higher characterization than is due.  While the NDRB respects the fact the Applicant tried, his service is equitably characterized as being performed under other than honorable conditions. Relief is not warranted.

The following is provided for the benefit of the applicant.  Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question.  No such error or injustice occurred during the applicant’s enlistment.  Additionally, there is no law, or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in civilian life, subsequent to leaving the service.  However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review.  Verifiable proof of any post-service accomplishments must be provided in order for the applicant to claim post-service conduct and behavior as a reason to upgrade a less than Honorable discharge.  Evidence of continuing educational pursuits, an employment record, documentation of community service, certification of non-involvement with civil authorities and proof of his not using drugs, are examples of verifiable documents that should have been provided to receive consideration for clemency, based on post-service conduct.  Based on the seriousness of the applicant’s misconduct the documents he provided were insufficient to warrant an upgrade to his discharge.  He is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge.  The applicant can provide additional documentation to support his issues at that time.  Legal representation at a personal appearance hearing is highly recommended but not required.

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560C), effective 15 Aug 91 until 
04 Mar 93, Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – COMMISSION OF A SERIOUS OFFENSE.

B.  Under the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Article 87 (Missing Ship’s Movement), and Article 112 (Drunk on Duty), if adjudged at a Special or General Court-Martial.

C.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.  

D.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

E.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

PART IV - INFORMATION FOR THE APPLICANT

If you believe that the decision in your case is unclear, not responsive to the issues you raised, or does not otherwise comport with the decisional document requirements of DoD Directive 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Directive.  You should read Enclosure (5) of the Directive before submitting such a complaint.  The complaint procedure does not permit a challenge of the merits of the decision; it is designed solely to ensure that the decisional documents meet applicable requirements for clarity and responsiveness. You may view DoD Directive 1332.28 and other Decisional Documents by going online at "afls10.jag.af.mil".

The names, and votes of the members of the Board are recorded on the original of this document and may be obtained from the service records by writing to:

		Naval Council of Personnel Boards
		Attn:  Naval Discharge Review Board
		720 Kennon Street SE RM 309
		Washington Navy Yard DC  20374-5023

The remaining portion of this document is divided into 4 Parts: Part I - Applicant’s Issues and Documentation, Part II - Summary of Service, Part III – Rationale for Decision and Pertinent Regulation/Law, Part IV - Information for the Applicant.
INDEX:   A6730/A9307/A9309/A9221