Author: CAP
Last saved by: shirley.robertson
Company: NCPB

Docket No. ND03-01511

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

ex-SN, USNR
Docket No. ND03-01511

Applicant’s Request

The application for discharge review was received on 20030924.  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 listed a personal representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040628.  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

Applicant’s issues, as stated on the application:

1.  Due to the manner that I was discharged, I feel that it was very unjust, because I served my country for over 3 years and was only months away from being honorably discharged.  There was no merit for giving me an other than honorable discharge.  I just personally feel that I should have received my honorable discharge from the military based on my time in service.  The reason I was discharged in the manner that I was is because of being late a few times to work.  I know that it may sound ridiculous, but truthfully that is the reason.  Also as I stated before, that I only had months before I would have been honorably discharged.  Nothing that I did while serving my country deserved the discharged that I received.  I hope that you take this under very serious consideration, and do what is right.  I thank you for your time.

Documentation

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

Employment Reference Letter dated September 10, 2003
Copy of Computer Printout of References 

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	None
	Active:   USN 			None

Period of Service Under Review:

Date of Enlistment:  890127		Date of Discharge:  931008

Length of Service (years, months, days):

	Active:    04  03  26
	Inactive:  00  04  17

Age at Entry:  17			Years Contracted:  8 (25 month extension)

Education Level:  12			AFQT:  24

Highest Rate:  SN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.60 (1)	Behavior:  3.80 (1)		OTA:  3.60

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, SSDR

Days of Unauthorized Absence:  None

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:

890613:	Ordered to active duty for 36 months under the Active Mariner program.

930304:	Retention Warning from Puget Sound Naval Shipyard, Bremerton, Washington:  Advised of deficiency (Misconduct in the case of alcohol abuse), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

930308:	NJP for violation of UCMJ, Article 92: Fail to obey lawful order of superior petty officer.
	Award: Written reprimand.  No indication of appeal in the record.

930621:	Retention Warning from Puget Sound Naval Shipyard, Bremerton, Washington:  Advised of deficiency (You were dropped from CAAS Level II for going into a club that served alcohol and not completing home work assignments), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

930730:	Retention Warning from Puget Sound Naval Shipyard, Bremerton, Washington:  Advised of deficiency (Misconduct as evidenced by your CO’s NJP on 930308 and 930730), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

930730:	NJP for violation of UCMJ, Article 86: Unauthorized absence from 0700-0800, 930722.
	Award: Restriction for 45 days (suspended for 6 months).  No indication of appeal in the record.

930819:	NJP for violation of UCMJ, Article 86: Unauthorized absence from 0700-0728, 930819.
	Award: Forfeiture of $541.00 pay per month for 2 months.  Additionally, the 45 days restriction suspended at the 930730 CO’s NJP were vacated.  No indication of appeal in the record.

930907:	Enlisted Personnel, Puget Sound Naval Shipyard, Bremerton, Washington notified Applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct as evidenced by all punishments under the UCMJ in current enlistment and alcohol abuse rehabilitation failure as evidenced by failing to complete the CAAC Level II Treatment.

930907:	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.

930908:	DAAR indicates alcohol abuse as identified by military police.  CAAC found Applicant amenable and eligible for Level I Treatment.

930916:	Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct as evidenced by all punishments under the UCMJ in current enlistment and alcohol abuse rehabilitation failure as evidenced by failing to complete the CAAC Level II Treatment program.

930923:	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 19931008 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 available 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.   When a Sailor’s service has been honest and faithful, it is appropriate to characterize that service under honorable conditions.  Characterization of service as other than honorable 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) on three occasions for violations of the Uniform Code of Military Justice (UCMJ) to include articles 86 and 92.   An upgrade to honorable would be inappropriate.  Relief is therefore 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.  At this time, the Applicant has not provided sufficient documentation for the Board to consider an upgrade based on this reason.  Therefore, no relief will be granted.

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 relating 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 5, effective 05 Mar 93 until 21 Jul 94), 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.
INDEX: