Author: CAP
Last saved by: Department of the Navy
Company: NCPB

Docket No. ND03-00786

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

ex-EMFN, USN
Docket No. ND03-00786

Applicant’s Request

The application for discharge review was received on 20030404.  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 list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040311.  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)/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1.  “My name is G_ C_ B_ (Applicant).  I am writing to you, to ask you to review and upgrade my military discharge from General (under honorable) to honorable.  I am asking for this upgrade for several reasons.  First reason I am a recent graduate from the Macomb Fire Academy in which I have sent my certificate enclosed in this envelope.  In order to pursue my dream of becoming a firefighter in a Highly Competetive Job market.  Having a Honorable Discharge From the Navy would be a big plus.  Second reason, to help me pay for the remainder of my schooling such as my associate’s in Fire Fighting I could Gratefully use my G.I. Bill.  And last but not least to Square away a part of my damaged past and to do my best to replenish a wounded Career.  I was even Considering being in the Reserves.  I had talked to a recruiter at Selvedge Air National Guard Base here in Michigan.  He said the only way is to get my discharge updated.  I have changed since my younger days in the Navy.  I am a Good Standing Citizen now I don’t drink anymore, I have been a member of Alcoholics Anonymous For 6 years now.  I have a wonderful son he is 3 years old.  I am a Cert.  Firefighter in the State of Mich.  I am a hard worker, who is interested in trying to add to the life of others and I am a Good man.  I thank you for your help and appreciate your time.

G_ B_ (Applicant)”

Documentation

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

Applicant’s DD Form 214
Fire Fighters Training Council Certificate, dated May 11, 1999
Employment verification, dated February 18, 2003

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	910726 - 920622	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  920623		Date of Discharge:  960325

Length of Service (years, months, days):

	Active:    03  09  03
	Inactive:  None

Age at Entry:  19			Years Contracted:  4

Education Level:  12			AFQT:  53

Highest Rate:  EM3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.60 (2)	Behavior:  3.60 (2)		OTA:  3.60
Performance:  2.00 (1)	Behavior:  1.00 (1)		OTA:  1.86

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, SSDR, NER, MUC

Days of Unauthorized Absence:  None

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

GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority:  NAVMILPERSMAN, Article 3630600.

Chronological Listing of Significant Service Events:

931207:	CAAC recommended Level III treatment.

940110:	Retention Warning: Advised of deficiency (Substandard performance identified an off base alcohol involved incident (being assaulted and robbed while intoxicated on 931004.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

940624:	Retention Warning: Advised of deficiency (Alcohol related incident to wit: Being assaulted and robbed while intoxicated on 931004.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

940628:	Applicant evaluated as an alcohol abuser.

940922:	Retention Warning: Advised of deficiency (Alcohol related incident to wit: Taken to medical for intoxication.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

950309:	Applicant completed Level III.  [Extracted from Memorandum, dated 951015.]

950928:	Counseling: Advised of deficiency (performance and personal behavior), notified of corrective actions and assistance available.

951107:	NJP for violation of UCMJ, Article 111: Operated a motor vehicle while drunk on 951023.
	Award: Forfeiture of $545 per month for 2 months, restriction and extra duty for 45 days, reduction to EMFN.  No indication of appeal in the record.

951107:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense and alcohol abuse rehabilitation failure.

951121:	Applicant advised of rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.

960122:	An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the Applicant had committed a serious offense and alcohol abuse rehabilitation failure, that the misconduct warranted separation, and recommended discharge general (under honorable conditions).

960201:	Commanding Officer recommended discharge general (under honorable conditions) by reason of misconduct due to the commission of a serious offense and alcohol abuse rehabilitation failure.

960307:	BUPERS directed the Applicant's discharge general (under honorable conditions) by reason of misconduct due to the commission of a serious offense.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19960325 general (under honorable conditions) for misconduct due to commission of a serious offense (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:  Characterization of service as general (under honorable conditions) 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 the award of nonjudicial punishment (NJP) for violation of Article 111 of the Uniform Code of Military Justice (UCMJ) as well as three retention warnings.  An upgrade to honorable would be inappropriate.  Relief denied.

The Applicant's discharge characterization accurately reflects his service to his country.  The discharge was proper and equitable.  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.  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.  

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 or any other evidence related to the applicant’s discharge 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 – COMMISSION OF A SERIOUS OFFENSE.

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: