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Docket No. ND03-00282

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

 ex-GSMFR, USN
Docket No. ND03-00282

Applicant’s Request

The application for discharge review, received 20021204, 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 20031017.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB.  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 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

No issues were submitted by the Applicant. 

Documentation

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

None

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	930329 - 930616	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  930617		Date of Discharge:  951219

Length of Service (years, months, days):

	Active:    02  06  03	Does not exclude lost time
	Inactive:  None

Age at Entry:  18			Years Contracted:  4

Education Level:  12			AFQT:  46

Highest Rate:  GSMFN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.50 (2)	Behavior:  3.40 (2)		OTA:  3.30

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, HSM, USCGUC

Days of Unauthorized Absence:  5

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

UNDER OTHER THAN HONORABLE CONDITIONS/PATTERN OF MISCONDUCT, authority:  NAVMILPERSMAN, Article 3630600.

Chronological Listing of Significant Service Events:

930623:	Applicant briefed on Navy's policy of drug and alcohol abuse.

950419:	Applicant to unauthorized absence 0630, 950419.

950423:	Applicant from unauthorized absence 2321, 950423 (4 days/surrendered).

950505:	NJP for violation of UCMJ, Article 86: Unauthorized absence, violation of UCMJ, Article 87: Missing ship’s movement on 950417.
	Award: Forfeiture of $450 per month for 2 months, restriction and extra duty for 45 days, reduction to GSMFA.  Forfeiture suspended for 6 months.  No indication of appeal in the record.

950505:	Retention Warning from USS JACK WILLIAMS (FFG 24):  Advised of deficiency (Poor military performance, to wit: unauthorized absence and missing movement.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

950621:	Revoked suspended forfeiture awarded at CO’s NJP dated 950505 due to continued misconduct.

950621:	NJP for violation of UCMJ, Article 134: Disorderly conduct.
	Award: Restriction and extra duty for 14 days.  No indication of appeal in the record.  [Extracted from CO’s letter dated 951211.]

950621:	NJP for violation of UCMJ, Article 134: Breaking restriction.
	Date of offense:  950505 – 950529.
	Award: Restriction and extra duty for 14 days.  No indication of appeal in the record.

950621:	Retention Warning from USS JACK WILLIAMS (FFG 24):  Advised of deficiency (Unauthorized absence, poor performance and breaking restriction.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

951015:	Applicant to unauthorized absence 0600, 951015.

951017:	Applicant from unauthorized absence 0107, 951017 (1 day/surrendered).

951018:	NJP for violation of UCMJ, Article 96: Unauthorized absence.
	Award: Forfeiture of $400 per month for 2 months, restriction and extra duty for 45 days, reduction to GSMSR.  Forfeiture suspended for 6 months.  No indication of appeal in the record.

951018:	Retention Warning from USS JACK WILLIAMS (FFG 24):  Advised of deficiency (Poor performance, to wit: unauthorized absence.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

951107:	Applicant to alcohol rehabilitation.

951205:	Applicant from alcohol rehabilitation.  Discharge diagnosis: alcohol dependence.

951211:	NJP for violation of UCMJ, Article 86: Fail to go at time prescribed to appointed place of duty, 0715, 951210, violation of UCMJ, Article 112A (2 specs): 1 Wrongfully use marijuana on 951018. 2 Wrongfully use marijuana on 951017.
	Award: Restriction and extra duty for 45 days.  No indication of appeal in the record.

951211:	Commanding Officer, USS JACK WILLIAMS (FFG 24), notified Applicant of intended recommendation for discharge under other than honorable conditions by reason of alcohol abuse rehabilitation failure based on your termination from Level III treatment on 951205, misconduct due to drug abuse as evidenced by positive tests for THC of samples of your urine taken at urinalysis screenings conducted 951015 and 951018, misconduct due to commission of a serious offense as evidenced by your conviction at Commanding Officer’s nonjudicial punishment on 951211 of violating UCMJ Article 112a, wrongful use of a controlled substance and misconduct due to a pattern of misconduct as evidenced by your convictions at Commanding Officer’s nonjudicial punishment on 950505, 950621, 961018 and 951211.

951211:	Applicant advised of 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.

951211:	Commanding Officer recommended discharge under other than honorable conditions by reason of by reason of alcohol abuse rehabilitation failure, misconduct due to drug abuse, misconduct due to commission of a serious offense and misconduct due to a pattern of misconduct.

951211:	BUPERS directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19951219 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).

The Applicant did not introduce any decisional issues for the Board’s consideration.  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 different occasions.  The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflect his disobedience of the orders and directives which regulate good order and discipline in the naval service, and falls short of that required for a general (under honorable) characterization of service.  An upgrade would be inappropriate.  Relief denied.  

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, a positive employment record, a drug-free lifestyle, and certification of community service and non-involvement with civil authorities are examples of verifiable proof that can be submitted.   

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge.  The Applicant can provide additional documentation to support any claims of post-service accomplishments at that time.  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 9, effective 
22 Jul 94 until 02 Oct 96), Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – A 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.
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