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Docket No. ND03-01456

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

ex-ATAN, USN
Docket No. ND03-01456

Applicant’s Request

The application for discharge review was received on 20030909.  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 YYYYMMDD.  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/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 feel my discharge should be changed, I had no prior problems until stationed at Naval Station Mayport AIMD.  If you look at my service record you will see that I completed more than 5 years of service will no problems, that is why I feel my discharge should be changed.

Documentation

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

Copy of DD Form 214

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	950201 – 950328	COG
	Active:  USN 			950329 – 980106	HON

Period of Service Under Review:

Date of Enlistment:  980107		Date of Discharge:  010418

Length of Service (years, months, days):

	Active:    03  03  11
	Inactive:  00 01  27

Age at Entry:  22			Years Contracted:  6

Education Level:  12			AFQT:  48

Highest Rate:  AT3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.00 (4)	Behavior:  2.25 (4)		OTA:  3.07

Military Decorations:  None

Unit/Campaign/Service Awards:  GCA, SSDR, MUC, Pistol Marksmanship Medal

Days of Unauthorized Absence:  None

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

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

Chronological Listing of Significant Service Events:

980107:	Reenlisted on board USS JOHN C. STENNIS (CV-74) for 6 years.

000504:	Retention Warning:  Advised of deficiency (Failure to meet the physical fitness readiness standards as prescribed in OPNAVINST 6110.1E), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 
001020:	NJP for violation of UCMJ, Article 86: Unauthorized absence.
Award: Oral reprimand, forfeiture of $820.00 pay per month for 2 months (suspended for 3 months), restriction for 60, reduction to E-4 (suspended for 3 months).  No indication of appeal in the record.

001021:	Retention Warning:  Advised of deficiency (Your violation of UCMJ, Article 86, unauthorized absence and subsequent Captain’s Mast), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

001108:	Comments on performance:  [Member failed most recent PRT and does not meet body fat standards.  Member has documented history of financial irresponsibly, failure to provide proper support of dependents, unauthorized absence and bounced checks.]

010201:	NJP for violation of UCMJ, Article 86: Unauthorized absence.
Award: Oral reprimand, forfeiture of $691.00 pay per month for 2 months (suspended for 6 months), restriction to barracks for 45 days, reduction to E-3, process for administrative discharge.  No indication of appeal in the record.

010315:	Applicant notified of intended recommendation for discharge general under honorable conditions by reason of misconduct due to a pattern of misconduct.

010315:	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 

010402:	Commanding Officer recommended discharge general under honorable conditions by reason of misconduct due to a pattern of misconduct. 

010412:	BUPERS directed the Applicant's discharge general under 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 20010418 general under 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.  The Applicant contends that he served the United States well for five years and that he is therefore entitled to an upgrade.  When the service of a member of U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable.  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 two unauthorized absences and multiple counselings on performance and conduct.  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 is not warranted.

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 or any other evidence related to his 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 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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