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Docket No. ND03-00768

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

 ex-SA, USNR
Docket No. ND03-00768

Applicant’s Request

The application for discharge review was received on 20030326.  The Applicant requests 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 designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040224.  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:  GENERAL (UNDER HONORABLE CONDITIONS)/FULFILLMENT OF SERVICE OBLLIGATION, authority: NAVMILPERSMAN, Article 3620150.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

The Applicant submitted no issues. 

Documentation

Applicant’s military medical record could not be obtained; however, in addition to the service record, the following additional documentation, submitted by the Applicant, was considered:

Copy of DD Form 214
Character Reference ltr from L_ Y_ dtd Apr 24, 2003
Character Reference/Apprenticeship Training ltr from F_ M_, Coordinator dtd 
Apr 21, 2003

PART II - SUMMARY OF SERVICE

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

	Inactive: None
	Active:   None

Period of Service Under Review:

Date of Enlistment:  910627		Date of Discharge:  930810

Length of Service (years, months, days):

	Active:    02  00  25 (Doesn’t exclude lost time.)
	Inactive:  00  00  19

Age at Entry:  18			Years Contracted:  8

Education Level:  12			AFQT:  45

Highest Rate:  SN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.1 (2)	Behavior:  3.0 (2)		OTA:  2.98

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, NAVY “E” RIBBON, SSDR, SWASM

Days of Unauthorized Absence:  8 (Cannot verify by service record.)

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

GENERAL (UNDER HONORABLE CONDITIONS)/FULFILLMENT OF SERVICE OBLIGATION, authority:  NAVMILPERSMAN, Article 3620150.

Chronological Listing of Significant Service Events:

921218:	NJP for violation of UCMJ, Article 91:  Insubordinate conduct toward warrant officer.
	Award:  Restriction and extra duty for 5 days.  No indication of appeal in the record.

Undated:	Retention Warning:  Advised of deficiency (violation UCMJ, Article 91, insubordinate conduct toward Warrant Officer.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.  [Not signed by the Applicant.]

930317:	Transferred to Naval Hospital, Philadelphia as patient for treatment.  

930707:	NJP for violation of UCMJ, Article 86 (2 Specs):  total of 8 days absence; violation of UCMJ Article 91: insubordinate conduct toward a petty officer; violation of UCMJ Article 108: military property of the United States – sale, loss, damage, destruction, or wrongful disposition; violation of UCMJ Article 128:  assault; violation of UCMJ Article 134:  disorderly conduct, drunkenness.
	Award:  Forfeiture of $200 pay per month for 1 month, restriction and extra duty for 30 days or until out of the Navy whichever is less, reduction to E-2, Admin separation process (RE-4).  No indication of appeal in the record.

930810:	Applicant discharged, instead of released from active duty, with a General (Under Honorable Conditions) by reason of fulfillment of service obligation.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19930810 with a General (Under Honorable Conditions) due to fulfillment of service obligation (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 Board.

When the service of a member of U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable.  A General (Under Honorable Conditions) discharge is warranted when significant negative aspects of a member's conduct or performance of duty outweigh the positive aspects of the member's military record.  The Applicant’s service was marred by five violations of the UCMJ during his enlistment.  The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Navy and falls far short of that required for an upgrade of his characterization of service.  Relief denied.  

The following is provided for the edification of the applicant.  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 naval service.  The NDRB is authorized, however, to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review.  Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, and certification of non-involvement with civil authorities.  

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 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.  The Naval Military Personnel Manual, (NAVPERS 15560C) Change 5, effective 05 Mar 93 until 21 Jul 94, Article 3620150, SEPARATION OF ENLISTED PERSONNEL BY REASON OF EXPIRATION OF ENLISTMENT, FULFILLMENT OF SERVICE OBLIGATION, OR EXPIRATION OF TOUR OF ACTIVE SERVICE.

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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