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NAVY | DRB | 1999_Navy | ND99-00862
Original file (ND99-00862.rtf) Auto-classification: Denied


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

ex-AD3, USN
Docket No. ND99-00862

Applicant’s Request
The application for discharge review, received 990610, requested that the characterization of service on the discharge be changed to honorable. The applicant requested 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 000317. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service. 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 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. I am writing in reference to the changing of my discharge from General Discharge under Honorable Conditions to an Honorable Discharge. I realize the events that transpired while I was enlisted in the United States Navy that led to the decision for the type of discharge that was chosen. I am not without fault but I would like you to look at the man that I have become and look beyond my personal disappointments.

In my six year career with the Navy I worked hard on every task that was set before me. Everything that I was expected to do I did with the best of my ability. In my evaluations, I scored as an over achiever in my work. This was my record until the personal problems in my life started to interfere in my military career. I am not trying to put the blame on anyone for the events that transpired between my ex-wife and me. We both had a part in all the decisions that were made. I have made a new start with my life now, would like to start over and leave the things of the past where they are, in the past.

Since my release from the military I have accomplished a lot. Some of these accomplishments include: going back to school fulfilling a life long dream of mine, being a firefighter, now as a graduate of the fire academy and licensed with the state of Florida I look forward to a promising career as a firefighters I have also maintained a job with America Online and making very good progress.

I worked very hard for my country. Every task that was placed before me I conquered to the best of my abilities. I worked long hard hours and loved my job, yet because of something that happened in my personal life I was forced to quit what I loved. I would really like to clear up what has happened in my past and provide a clearer path for my future. Enclosed are the documents that show the charges that lead to my discharge and their findings in each case, a letter from my ex-wife who took part of the incidences, and a letter of recommendation from my division chief at the time these events occurred. I hope that you will consider my request. Thank you.
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Character reference from applicant's ex-wife
Character reference from ADC C_ dated February 19, 1999
Copy of DD Form 214
Copy of US Government Identification issued May 24, 1999

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        910903 - 930713  HON
         Inactive: USNR (DEP)              900117 - 910902  COG

 Period of Service Under Review :
Date of Enlistment: 930714               Date of Discharge: 970829

 Length of Service (years, months, days):

         Active: 04 01 16
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4 (16 months extension)

 Education Level: 12                        AFQT: 39

 Highest Rate: AD3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.90 (3)    Behavior: 4.00 (3)                OTA: 4.00        4.0 evals
 Performance :     3.00 (1)                  Behavior : 2.00 (1)                OTA: 2.86        5.0 evals

 Military Decorations: None

 Unit/Campaign/Service Awards: JMUC, MUC, GCM, NDSM, SASM w/3 Stars, SSDR (2), NATO, AFSM

 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 :

940915:  Retention Warning: Advised of deficiency (Failure to obey order or regulation and violation of letter of warning dated 8 June 1995.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

950724:  Civil Conviction: Duval County, State of Florida for violation of battery/ domestic violence.
 Pled not guilty, not prosecuted.
Sentence: Probation.
950912:  Civil Conviction: Duval County, State of Florida for violation of Child abuse.
 Pled not guilty, not prosecuted
Sentence: Probation.
951117:  NJP for violation of UCMJ, Article 86 (2 specs): Failure to go to appointed place of duty on 13 and 14 September 1995.
         Award: Forfeiture of 1/2 months pay for 1 month, reduction to ADAN. Forfeiture and reduction suspended for 6 months. No indication of appeal in the record.
970212:  Civil Conviction: Duval County Court, Jacksonville, FL for battery/ domestic violence.
 Pled no contest, adjudication of guilty withheld.
Sentence: Attend batters intervention program, probation for 9 months with Salvation Army, no contact with victim.
970703:  Applicant notified of intended recommendation for discharge general (under honorable conditions) by reason of misconduct due to a pattern of misconduct, misconduct due to commission of a serious offense, and misconduct due to a civilian conviction as evidenced all domestic violence incidents in your current enlistment; your Commanding Officer's nonjudicial punishment of 17 November 1995, for a violation of the UCMJ, Article 86, 2 specifications of failure to go to appointed place of duty; your conviction in the State of Florida for battery/domestic violence on 12 February 1997; and your violation of the Military Protective Order issued to you on 27 February 1997, all of which occurred during your current enlistment.
970703:          Applicant advised of his 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

970808:  Commanding officer directed 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 970829 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).

In the applicant’s issue 1, the Board found that the applicant had serious misconduct with three civil convictions and one CO’s non-judicial punishment. The applicant could have been discharged with an other than honorable discharge, but instead the Commanding Officer saw fit to discharge the member with a general (under honorable conditions). His service was accurately characterized as having been performed under general conditions. No relief will be granted on the basis of these issues.

There is no law or regulation that provides for the upgrade of an unfavorable discharge based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the Service. However, the Board is authorized to consider post-service factors in the recharacterization of a discharge (D). Those factors include, but are not limited to, the following: evidence of continuing educational pursuits (transcripts, diplomas, degrees, vocational-technical certificates), a verifiable employment record (Letter of Recommendation from boss), documentation of community service (letter from the activity/community group), certification of non-involvement with civil authorities (police records check) and proof of his not using drugs (detoxification certificate, AA meeting attendance or letter documenting participation in the program) in order for consideration for clemency based on post-service conduct. At this time, the applicant has not provided ample documentation of good character and conduct. Therefore no relief will be granted. The applicant is encouraged to continue with his pursuits and is reminded that he is eligible for a personal appearance hearing provided the application is received within 15-years from the date of discharge.

 Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C, Change 14, effective 03 Oct 96 until 11 Dec 97), 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 obtain a copy of DoD Directive 1332.28 by writing to:
                  DA Military Review Boards Agency
                  Management Information and Support Directorate
                  Armed Forces Reading Room
                  Washington, D.C. 20310-1809

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
                  Washington Navy Yard
                  720 Kennon St SE Rm 309
                  Washington, DC 20374-5023       


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