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Docket No. ND03-00378

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

 ex-AKAA, USN
Docket No. ND03-00378

Applicant’s Request

The application for discharge review was received on 20030109.  The Applicant requests that the characterization of service received at the time of discharge be changed to honorable.  The Applicant requests 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 20031229.  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 1910-140 (formerly 3630600).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

“1.  I respectfully request my discharge be changed to honorable due to my admittance of immaturity during time of discharge.  I was released under other than honorable conditions due to pattern of misconduct because I kept getting in trouble for drinking underage.  I have been out for over a year and I have a good job.  I have been wanting to go to college, but I want my benefits back so I’ll be able to afford it.  I also feel I served my country for 3 years to the best of my ability and would like my discharge to be honorable as I served.  Also, I would like to add that I was sent to outpatient mental treatment and diagnosed with Bipolar disorder and the psychologists said my drinking was a way of “self-medicating“ myself before I was diagnosed and given medication.  I am supposed to be on meds now, but I can’t afford them, an upgrade allowing me benefits would make it possible and easier to get the treatment I need.   Thank you for your time and consideration.”

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)	970912 - 980623	COG
	Active:  USN 			None

Period of Service Under Review:

Date of Enlistment:  980624		Date of Discharge:  010802

Length of Service (years, months, days):

	Active:    03  01  08
	Inactive:  None

Age at Entry:  17			Years Contracted:  4 (5 months extension)

Education Level:  12			AFQT:  67

Highest Rate:  AKAN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMF*		Behavior:  NMF		OTA:  NMF

Military Decorations:  None

Unit/Campaign/Service Awards:  None

Days of Unauthorized Absence:  None

* No Marks Found   

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:

010131:	Retention Warning:  Advised of deficiency (Article 92: Failure to obey a lawful order, violation of UCMJ, Article 86: Absence without leave, violation of UCMJ, Article 107: False official statement, violation of UCMJ, Article 134: False or unauthorized pass offense), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

010131:	NJP for violation of UCMJ, Article 92: Failure to obey a lawful order, violation of UCMJ, Article 86: Absence without leave, violation of UCMJ, Article 107: False official statement, violation of UCMJ, Article 134: False or unauthorized pass offense (possession of false military ID Card).
	Award: Reduction in rate (suspended for 6 months).  No indication of appeal in the record.

010315:	Reduction in rate awarded at CO’s NJP dated 010131 vacated due to continued misconduct.

010326:	Applicant completed Alcohol and Drug Abuse Prevention and Treatment (ADAPT) program.

010628:	NJP for violation of UCMJ, Article 86: Absence without leave; violation of UCMJ, Article 92: Failure to obey order or regulation.
	Award: Forfeiture of $584.00 pay per month for 2 months, restriction for 45 days, reduction to E-2.  No indication of appeal in the record.

010629:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and alcohol rehabilitation failure.

010629:	Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

010711:	Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and alcohol rehabilitation failure.  

010731:	Commander, Strategic Communication Wing ONE authorized 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 20010802 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:  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.  While she may feel that her youth and immaturity were contributing factors, they do not mitigate the Applicant’s disobedience of the orders and directives that regulate good order and discipline in the naval service, demonstrating she was unsuitable for further service.  Her service record is marred by award of non-judicial punishment (NJP) on two separate occasions.  Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or medical benefits as requested in the issue.  Regulations limit the Board’s review to a determination on the propriety and equity of the discharge.  In the Applicant’s case, the Board could discern no impropriety or inequity and therefore considered the Applicant’s discharge proper and equitable.   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, an alcohol-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 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.
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