Author: CAP
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Docket No. ND02-00959

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

 ex-ADAN, USN
Docket No. ND02-00959

Applicant’s Request

The application for discharge review, received 020628, 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 designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 030410.  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

Prior to the documentary discharge review, the Applicant introduced no issues as block 8 on the DD Form 293 is blank. 

Documentation

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

Applicant's Birth Certificate
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

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

	Inactive: USANG		950104 - 990830	To enlist in USN
	Active:   USANG		940809 - 950103	Released from AD

Period of Service Under Review:

Date of Enlistment:  990831		Date of Discharge:  010817

Length of Service (years, months, days):

	Active:    01  11  17
	Inactive:  None

Age at Entry:  30			Years Contracted:  4 

Education Level:  13+		AFQT:  39

Highest Rate:  ADAN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NFIR		Behavior:  NFIR		OTA:  NFIR

Military Decorations:  None

Unit/Campaign/Service Awards:  None

Days of Unauthorized Absence:  None

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:

010328:	NJP for violation of UCMJ Article 121:  Larceny; violation of UCMJ Article 128: Assault; violation of UCMJ Article 134: Communicating a Threat.
	Award: Forfeiture of $585 per month for 1 month, restriction and extra duty for 30 days, reduction to E-1 (Suspended for 6 months).  No indication of appeal in the record.

010328:	Retention Warning:  Advised of deficiency (non-judicial punishment held on 010328 for larceny and assault).  Notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

010713:	Command investigation, concerning injuries incurred by ADAN E_ R_ on or about 010628 that involved the Applicant, contained in service record.  Investigating Officer recommended that nonjudicial punishment be administered to the Applicant due to her dereliction of duty that resulted in injuries to a fellow sailor.

010725:	NJP for violation of UCMJ Article 92:  Dereliction of duty.
	Award: Restriction for 45 days, reduction to E-2.  No indication of appeal in the record.

010725:	Applicant notified of intended recommendation for discharge with a characterization of general (under honorable conditions) by reason of misconduct due to a pattern of misconduct.

010730:	Applicant advised of her rights and having elected not to consult with counsel certified under UCMJ Article 27(b), elected to waive all rights.

010808:	Commanding Officer, Helicopter Combat Support Squadron FIVE  advised COMNAVPERSCOM that Applicant was discharged on or about 010818 for misconduct (pattern of misconduct) with a characterization of general (under honorable conditions).  Commanding Officer comments: "[Applicant]'s uncontrollable temper and abusive misconduct has caused serious injury to a member of this command twice in the past 6 months.  [Applicant]'s behavior and actions have clearly established a pattern of misconduct that is contrary to good order and discipline.  [Applicant] poses a threat to herself and other sailors if she is retained in the naval service.  For this reason, I am separating her with a General characteriza-tion of service."

PART III – RATIONALE FOR DECISION AND PERTINENT 
REGULATION/LAW

Discussion

The Applicant was discharged on 010817 with a characterization of general (under honorable conditions) 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).

The Applicant introduced no decisional issues for consideration by the NDRB.  The Board, under its responsibility to examine the propriety and equity of an Applicant's discharge, will change the characterization of service and/or the reason for discharge if an error or inequity exists within the separation process.  The records the Board reviewed showed no such error or inequity to have occurred during this process.  The Applicant's violations of the UCMJ, as evidenced by her two nonjudicial punishments, did warrant administrative separation from military service for misconduct due to a pattern of misconduct.  No other narrative reason more clearly describes the circum-stances surrounding the Applicant's discharge.  Relief on this basis is denied.

The following is provided for the edification of the Applicant.  There is no law or regulation that provides for an unfavorable discharge to be upgraded based solely on the passage of time or good conduct in the civilian life subsequent to leaving the service.  However, the NDRB is authorized to consider post-service factors in the recharacteriza-tion of a discharge.  Outstanding post-service conduct, 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 may be considered.  Verifiable proof of 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, and certification of non-involvement with civil authorities are examples of verifiable documents that may be provided to receive consideration for relief based on post-service conduct.  At this time, the Applicant has not provided such documentation for the Board to consider an upgrade.

The Applicant is reminded that she remains eligible for a personal appearance hearing, provided an application is received at the NDRB within 15 years from the date of her 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 21 Aug 2002, 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 “afls14.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:   A6710/A0100/A9500/A9217/A9223/A9221