Author: CAP
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Docket No. ND02-00989

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

ex-EMFN, USN
Docket No. ND02-00989

Applicant’s Request

The application for discharge review, received 020708, 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 030331.  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/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-140 (formerly 3630600).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1.  I would like to explain the reasons behind my OTH discharge:  The four years I served in the Navy helped me a lot.  I grew up, I learned discipline and patience and realized all my responsibilities I had in life.  I had a few rough spots along the way and learned from those mistakes.  My first command, the USS South Carolina (CGN-37) was the best ship I ever set foot on.  I enjoyed working aboard those two and a half years.  I was transferred to the USS Heron (MHC-52), which was a complete shock.  The ship was extremely small; crews' complement was around seventy-six.  To top it all off, she never went outside the continental United States.  Well, this is where it went all down hill.  I know there is no excuse for my actions and I should have handled a lot of things differently.  In retrospect I see this now, but now it's too late.  I also had some financial problems, and when I tried to take care of them, I was refused the time to do so.  This angered me extremely and I chose to direct it the wrong way.  My financial stemmed from my bank account which my direct deposit went to was froze due to a judgement, so my bills were not being paid, and neither was anything else.  After I was discharged, I returned to my home of record and began to work.  I started out working for an electrical contractor for six months till I applied for a position at Ft. Carson doing electrical maintenance.  I remained there for eleven months when I quit for an electrician position at Cheyenne Mountain Air Force Station (also known as NORAD).  I am currently still employed there and have been since October of 2000.  I would like to serve the Air Force Units stationed there better, but need to return to school to do so, but without an honorable discharge I cannot use my GI Bill to do so.  Please reconsider my discharge and allow me to expand my knowledge to better serve my country, even as a civilian I did make mistakes and take full responsible for them, but please don't deny me a chance to better myself.

Documentation

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

Employment Reference Letter from SMI International dated June 18, 2002
        Copy of DD Form 214

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	950808 - 951204	COG
	Active:  None.

Period of Service Under Review:

Date of Enlistment:  951205		Date of Discharge:  000331

Length of Service (years, months, days):

	Active:    04 02  17
	Inactive:  None

Age at Entry:  19			Years Contracted:  4 (24 months extension) 

Education Level:  11			AFQT:  66

Highest Rate:  EM3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.00 (4)	Behavior:  3.00 (4)		OTA:  3.13

Military Decorations:  None

Unit/Campaign/Service Awards:  NAVY"E"RIBBON, SSDR

Days of Unauthorized Absence:  40

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

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

Chronological Listing of Significant Service Events:

960405:	UA from SSC Great Lakes, IL at 0630.

960503:	Surrendered at SSC Great Lakes, IL at 0530.

960509:	UA from SSC Great Lakes, IL at 0600.

960520:	Surrendered at SSC Great Lakes, IL at 1500.

960729:	UA from SSC Great Lakes, IL at 1200.

960730:	Surrendered at SSC Great Lakes, IL at 1200.

960801:	Retention Warning:  Advised of deficiency (Poor military performance, to wit: Unauthorized absence), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

960801:	NJP for violation of UCMJ, Article 86: Unauthorized absence.
Award: Forfeiture of $113.00 pay per month for 1 month, restriction and extra duty for 13 days.  No indication of appeal in the record.

970121:	NJP for violation of UCMJ, Article 121: Larceny.
Award: Forfeiture of $68.00 pay per month for 2 months, restriction and extra duty for 30 days.  No indication of appeal in the record.

970521:	NJP for violation of UCMJ, Article 92: Dereliction of duty, violation of UCMJ, Article 107: False Official Statement.
Award: Forfeiture of $450.00 pay per month for 2 months (suspended for 6 months), restriction to CGN-37 for 60 days, reduction to E-1 (suspended for 6 months).  No indication of appeal in the record.

990920:	Retention Warning:  Advised of deficiency (Poor military performance, to wit: Unauthorized absence), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

990920:	NJP for violation of UCMJ, Article 86: (4 Specifications), Unauthorized absence.
	Award: Restriction to USS HERON (MHC-52) for 45 days, extra duty for 45 days, reduction to E-3 (suspended for 6 months).  No indication of appeal in the record.

000225:	NJP for violation of UCMJ, Article 86: Unauthorized absence, violation of UCMJ, Article 92: Disobeying a lawful order.
	Award: Restriction to the limits of USS HERON and extra duty for 15 days, reduction to E-3.  No indication of appeal in the record.

NO DISCHARGE PACKAGE AVAILABLE

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 000331 under other than 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).

Issue 1.  A characterization of service of under other than honorable conditions is warranted when the member's conduct constitutes a significant departure from that expected of a sailor.  The Applicant’s service was marred by award of nonjudicial punishment (NJP) on five occasions and adverse counseling entries on other occasions.  The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his disobedience of the orders and directives which regulate good order and discipline in the naval service, and falls short of that required for an honorable characterization of service.  An upgrade would be inappropriate.  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.  Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question.  No such error or inequity is evident during the Applicant’s enlistment.  There is no requirement or law that grants recharacterization solely on the issue of obtaining veterans’ benefits and this issue does not serve to provide a foundation upon which the Board can grant relief.  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 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/A9221/A9217/A9223/A9231