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Docket No. ND02-00284

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

 ex-AA, USNR
Docket No. ND02-00284

Applicant’s Request

The application for discharge review, received 020123, requested that the characterization of service on the discharge be changed to honorable.  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 020815.  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: GENERAL (UNDER HONORABLE CONDITIONS)/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-140 (formerly 3630600).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1.  I submit this application for a change in my discharge.  I was only twenty at discharge.  I was young and imature.  I am now going on with my life and don't want to be affected with this discharge for the rest of my life.  I am a changed man current going to school and working fulltime to support my family.  I'm a active member in my church and serve my community the best way I can.  I hope the board will rule favorably in my situation.  Most of my trouble that led to my discharge was due to under age drinking.  I am now legaly able to drink alcohol, but even so I no longer drink. I believe it would be unfair considering my charges to have this type of discharge follow me for the rest of my life. I regret the way things went for me in the Navy and I know I can't go back and change things, but I hope the Board will consider my age at that time and my charges as well the fact that I'm now a model citizen.  Thank-you for you for your time.

Documentation

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

Copy of DD Form 214
Fifty-five pages from applicant's service record

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: None

Period of Service Under Review:

Date of Enlistment:  960522		Date of Discharge:  980729

Length of Service (years, months, days):

	Active:    01  10  19
	Inactive:  00  03  19

Age at Entry:  18			Years Contracted:  8

Education Level:  12			AFQT:  39

Highest Rate:  AA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMF*		Behavior:  NMF		OTA:  NMF

Military Decorations:  None

Unit/Campaign/Service Awards:  NER, SSDR

Days of Unauthorized Absence:  None

*No Marks Found in the service record.

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

GENERAL (UNDER HONORABLE CONDITIONS)/PATTERN OF MISCONDUCT, authority:  NAVMILPERSMAN, Article 1910-140 (formerly 3630600).

Chronological Listing of Significant Service Events:

960911:	Applicant ordered to active duty.

971211:	NJP for violation of UCMJ, Article 86: (1) Unauthorized absence on 0630 - 0646, 10Dec97, (2) Unauthorized absence on 0800 - 0940, 10Dec97.
	Award: Correctional custody for 30 days.  Released 7 days early due to exceptional behavior.  No indication of appeal in the record.

980110:	Retention Warning: Advised of deficiency (Violation of UCMJ, Article 86), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

980210:	Retention Warning: Advised of deficiency (Failure to complete work center PQS in allotted time, cheating on squadron PRT, failure to appear at appointed place at the designated time, and failure to maintain personal financial responsibilities), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

980522:	NJP for violation of UCMJ, Article 92: Failure to obey order or regulation on 6May98, to wit: failed to properly sign in guest.
	Award: Forfeiture of $200 per month for 2 months, extra duty for 30 days, reduction to AR.  No indication of appeal in the record.

980620:	NJP for violation of UCMJ, Article 128: Assault AR by putting his hands on her to restrain her on 18Jun98.
	Award: Restriction for 3 days, extra duty for 14 days.  No indication of appeal in the record.

980707:	Applicant notified of intended recommendation for a general (under honorable conditions) discharge by reason of misconduct due to a pattern of misconduct.

980707:	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

980715:	Commanding Officer directed a general (under honorable conditions) discharge by reason of misconduct due to a pattern of misconduct.  Commanding Officer’s comments: AA (applicant) is unfit to remain on active duty.  I have determined that he has no potential for future productive naval service.  Accordingly, I am separating AA (applicant) with a General (Under Honorable Conditions) discharge.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 980729 with a general (under honorable conditions) characterization of service for misconduct due to a pattern of misconduct (A).  The Board presumed regularity in the conduct of governmental affairs (B).  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 (C and D).

Issue 1.  The Board found that the applicant’s age, education level, and test scores qualified him for enlistment.  While he may feel that his immaturity, youth, and underage drinking were factors that contributed to his actions, the record clearly reflects his willful disregard for the requirements of military discipline and demonstrated that he was unfit for further service.  The record is devoid of evidence that the applicant was not responsible for his conduct or that he should not be held accountable for his actions. Relief denied.

The applicant’s discharge characterization accurately reflects his service to his country.  The discharge was proper and equitable.  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.  Relief not warranted.

The applicant 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.  Representation at a personal appearance hearing is recommended but not required.  

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective
12 Dec 1997 until Present, Article 1910-140 (formerly 3630600), SEPARATION BY REASON OF MISCONDUCT - PATTERN OF MISCONDUCT.

B.  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.  

C.  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.

D.  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:  A6750/A9301/A9221/9317/