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Docket No. ND06-00539

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

FOR OFFICIAL USE ONLY

ex-ENS, USNR
Docket No. ND06-00539

Applicant’s Request

The application for discharge review was received on 20060309.  The Applicant requests the Discharge 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 20070118.  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) by reason of acts of misconduct not otherwise listed. 

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

No issues were submitted by the Applicant.  The Applicant is seeking an upgrade for employment reasons.  The Applicant states “I was absolutely lost and had no direction on what I wanted to do with my life.  After a few months out and two ride-alongs with my local fire department, my purpose became clear.”

Documentation

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

Emergency Medical Technician Certificate, dtd November 21, 2005
Applicant’s DD Form 214

PART II - SUMMARY OF SERVICE

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

[EVALUATE ON CASE BY CASE BASES]

	Inactive: USNR (DEP)	19990913 - 19990929	COG
	Active:   USN	19990930 - 20040506	HON

Period of Service Under Review:

Date of Commission:  20040507		Date of Discharge:  20050630

Length of Service (years, months, days):

	Active:    01  01  24  
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  None
	Confinement:		  None

Age at Commission:  22

Type of Commission:  Reserve (20040507)

Education Level:  12				Degree:  None

Highest Grade:  ENS 

Final Officer’s Fitness Reports were available to the Board for review.

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214):  Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Sea Service Deployment Ribbon

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

GENERAL (UNDER HONORABLE CONDITIONS)/Acts of Misconduct not Otherwise Listed, authority:  SECNAVINST 1920.6B.

Chronological Listing of Significant Service Events: 

040507:	Applicant commissioned as an ENS in the United States Navy Reserve.

050323:	NJP for violation of UCMJ, Article 92 (2 specs):  Failure to obey order or regulation.
	Specification 1: Did on board USS HOPPER (DDG-70), on or about 6 and 7 March 2005, fail to obey a lawful general regulation, to wit: Article 1162, U.S. Navy Regulations, dated 14 September 1990, by wrongfully consuming alcoholic beverages on board a Naval vessel.
	Specification 2: Did on board USS HOPPER (DDG-70), on or about 6 and 7 March 2005, fail to obey a lawful general regulation, to wit: Article 1137, U.S. Navy Regulations, dated 14 September 1990, by failing to report that personnel were consuming alcoholic beverages on board a Naval vessel.
Violation of UCMJ, Article 107: False Official Statements 
Specification: Did, at Naval Station Pearl Harbor, Hawaii, on or about 08 March 2005, with intent to deceive, sign an official statement, to wit: Naval Criminal Investigative Services voluntary sworn statement, which statement was false in the ENS M_ (Applicant) did not consume any alcohol on board USS HOPPER (DDG-70) and did not have any inclination that other crew members of USS HOPPER (DDG-70) were drinking alcohol, and was then known by said ENS M_ to be so false. 
Violation of UCMJ, Article 113: Conduct unbecoming an Officer and Gentleman.
Specification: Did, on board USS HOPPER (DDG-70), on or about 6 and 7 March 2005, wrongfully consume alcoholic beverages on board a Naval vessel. 
	Award:  Punitive letter of reprimand.  No indication of appeal in the record.

050326:	Commanding Officer, USS HOPPER (DDG-70) Non-judicial Report recommended ENS M_ (Applicant) be required to show just cause for retention. 

050418:	Applicant’s Qualified letter of Resignation: I hereby submit my resignation from the Naval Service of the United States, and request that it be accepted.  I have been informed and understand that if my resignation herein submitted is accepted, I shall subsequently receive a certificate of a general discharge from the Naval Service, that such separation, although considered by the Department of the Navy to be under honorable conditions, is not the highest qualitative type of separation provided for officers of the Naval Service, and that, while I shall be entitled to a major portion of veterans rights and benefits presently authorized for former officers whose service had been similar to my own, should any present or future statue specifically require honorable discharge as a condition precedent to the granting of rights and benefits there under, my eligibility for such rights and benefits may at least be doubtful.

050419:	Commanding Officer, USS HOPPER (DDG-70) accepted ENS M_’s (Applicant) resignation, and forward recommending approval.  In view of resignation, I rescind the recommendation forwarded in reference (a), that ENS M_ be required to show just cause for retention.

050516:	Chief of Naval Personnel recommended to Secretary of the Navy approval of Applicant’s qualified resignation request for a General (Under Honorable Conditions) discharge in lieu of further administrative show cause proceedings.

050520:	Assistant Secretary of the Navy (Manpower and Reserve Affairs) approved Applicant’s qualified resignation request for a General (Under Honorable Conditions) discharge by reason of misconduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20050630 by reason of acts of misconduct not otherwise listed (A) with a service characterization of general (under honorable conditions).  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 (B and C).  

The Applicant is requesting his characterization of discharge be upgraded to honorable.  When the service of a member of the U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable.  A general 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 one nonjudicial punishment proceeding for violations of Articles 92 (Failure to obey order or regulation), 107 (False official statement) and 113 (Conduct unbecoming an Officer and Gentlemen) of the UCMJ.  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 is seeking an upgrade for employment reasons.  For the edification of the Applicant, the Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities.  Regulations limit the Board’s review to a determination of the propriety and equity of the discharge.  Relief denied.

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 additional evidence related to this discharge.  Representation at a personal appearance hearing is recommended but not required.

Pertinent Regulation/Law (at time of discharge)

A.  Secretary of the Navy Instruction 1920.6B (ADMINISTRATIVE SEPARATION OF OFFICERS), effective 13 December 1999 until 14 December 2005 establishes policies, standards and procedures for the administrative separation of Navy and Marine Corps officers from the naval service in accordance with Title 10, United States Code and DoD Directive 1332.30 of 14 March 1997.

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

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

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 Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction.  You should read Enclosure (5) of the Instruction 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 Instruction 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