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Docket No. ND05-00740

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

 ex-AC3, USN
Docket No. ND05-00740

Applicant’s Request

The application for discharge review was received on 20050321.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable and the reason for the discharge be changed to “financial hardship.”  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 20050713.  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 and reason for discharge shall not change.  The discharge shall remain: GENERAL (UNDER 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.  "I was awarded Good Conduct Medal for my 4 years of service prior to my reenlistment on 4-5-1994.  Awarded letters of commendation and held good evaluations.  The two years prior to my discharge, I was stationed at Naval Air Station Jacksonville, Jacksonville FL.  It was in those two years that me and my now ex wife started to have financial problems after the birth of our first child on 2-4-94  I had requested to be discharged from service feeling that it was creating undue hardship with my ATC ability.  My Master Chief at that time granted my request.  I feel my discharge was inequitable for those reasons stated above."

Documentation

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

None were submitted by the Applicant.

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	891213 - 900107	COG
	Active:   USN 			900108 - 940404	HON

Period of Service Under Review:

Date of Enlistment:  940405		Date of Discharge:  951218

Length of Service (years, months, days):

	Active:    01  08  14
	Inactive:  None

Age at Entry:  24			Years Contracted:  4 

Education Level:  12			AFQT:  55

Highest Rate:  AC3

Final Enlisted Performance Evaluation Averages (number of marks):

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

Military Decorations:  None

Unit/Campaign/Service Awards:  LOC(2), SSDR(2), NDSM, SASM(wb*)

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 3630600.

Chronological Listing of Significant Service Events:

940405:	Reenlisted at NATTC MILLINGTON TN for 4 years.

941223:	Counseling Record:  Applicant counseled for indebtedness.  Applicant
failed to follow repayment plan regarding a check for $314.00 that was
returned for insufficient funds and was about to be turned over to the
State's Attorney's Office.  Counseling officer's comments:  "I have
exhausted all means to get you financially stable.  You have not been
receptive to guidance or advice and as warned previously by myself and
ADDS F_, a page 13 entry will be placed in your service record as of this
date."  Source of assistance provided and disciplinary and discharge
warning issued.  

950530:	Counseling Record:  Applicant counseled for indebtedness.  Applicant
		continues to fail to rectify his indebtedness and the command continued to
receive letters from his creditors.  Counseling officer's comments:  "He
(Applicant) has not been receptive to advice or counseling.  On occasions 
has been deceptive about his finances.  He has had benefit of family 
services, Navy Relief as well as outside civil services."

950809:	Counseling Record:  Applicant counseled for indebtedness.  Applicant
		failed to have sufficient funds available to cover three checks worth a total
of $645. 

950930:	Civil Conviction:  [Duval County Court] for worthless checks.
Sentence:  Dismissed if restitution paid by 951130.  $295.00 fine, $340.00 restitution.

951024:	Commanding Officer, Naval Air Station, Jacksonville, FL notified Applicant of intended recommendation for discharge by reason of misconduct due to civil conviction, misconduct due to a commission of a serious offense, and misconduct due to a pattern of misconduct for failure to pay just debts as documented in the Applicant's service record.  Applicant advised that, if separated, the least favorable characterization of service he may receive is under other than honorable conditions.

951024:	Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights except the right to submit statements on his own behalf either verbally or in writing and the right to obtain copies of the documents used to support the basis for the separation.

951024:	Applicant submits statement on his own behalf.

951031:	Commanding Officer, Naval Air Station, Jacksonville, FL recommended discharge with a characterization of general (under honorable conditions) by reason of misconduct due to civil conviction, misconduct due to a commission of a serious offense, and misconduct due to a pattern of misconduct for failure to pay just debts.  Commanding Officer's
comments:  "The continued indebtedness and misconduct that AC3 F_ (Applicant) has committed has brought discredit to the military service and

is detrimental to good order and discipline.  Therefore, I strongly recommend that Petty Officer F_ (Applicant) be separated from naval service with a general discharge."

951120:	BUPERS WASHINGTON DC requested financial statements in the Applicants case before further action is taken on his administrative separation.

951205:	BUPERS WASHINGTON DC directed the Applicant's discharge with a characterization of 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 19951218 with a characterization of 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 his service warrants an honorable characterization as he was awarded a good conduct medal, received letters of commendation, and had good performance evaluations.  When the service of a Sailor has been honest and faithful, it is appropriate to characterize that service as honorable.  A discharge with a characterization of general (under honorable conditions) is warranted when 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 a civil conviction in Duval County Court for worthless checks (dismissed if restitution paid), two page 13 counselings on 950530 and 950809 for continued deficiencies in performance and conduct (indebtedness), and a retention warning on 941223.  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 on this basis is denied.

The Applicant requested that the Board change the narrative reason for his separation to "Financial Hardship", stating that he requested separation due to such hardship and was supported in this request by his Master Chief at the time.  The Applicant is advised that there is no such specific narrative reason but that it is part of the broader narrative reason of "Hardship".  Upon request of a service member, separation may be directed when genuine undue hardship exists (E).  However, separation processing for misconduct is required whenever a member's service record warrants such separation.  Further, separation for hardship will not be authorized solely for indebtedness and will be held in abeyance until disciplinary action has been resolved.  In the Applicant's case, he warranted separation for misconduct due to civil conviction, commission of a serious offense, and a pattern of misconduct for failure to pay just debts, all of which is clearly documented in his service record.   The separation authority determined that a pattern of misconduct most clearly describes why the Applicant was discharged.  To change the narrative reason for separation would be inappropriate.

The following is provided for the edification of the Applicant.  Normally, to permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question.  The Board discovered no impropriety after a review of Applicant’s case.  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 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.  As of this time, the Applicant has not provided any documentation for the Board to consider.

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 9, effective 
22 Jul 94 until 02 Oct 96), Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – A PATTERN OF MISCONDUCT. 

B.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

C.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety.

D.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity.

E.  Naval Military Personnel Manual, (NAVPERS 15560C), Change 5, effective 5 March 1993 until 21 July 1994, Article 3620210, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT - DEPENDENCY OR HARDSHIP.

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 “http://Boards.law.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:

		Secretary of the Navy Council of Review 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.