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NAVY | DRB | 2004_Navy | ND04-01199
Original file (ND04-01199.rtf) Auto-classification: Denied


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


ex-ETSR, USN
Docket No. ND04-01199

Applicant’s Request
The application for discharge review was received on 20040723. The Applicant requests the characterization of service received at the time of discharge be changed to honorable or general/under honorable conditions. The Applicant requests a documentary record review. The Applicant did not list any representative on the DD Form 293. In the acknowledgement letter the Applicant was informed that he was
 approaching the 15 year point for review by this Board and was encouraged to attend a personal appearance hearing in the Washington D. C. area. The Applicant did not
respond.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20041103. 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/Misconduct - 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 am S_ M_. I am sending this letter to you at the direction of the National Personnel Records Center. The purpose of this letter is to respectfully request an upgrade of my Other Than Honorable Discharge from the US Navy to a General Discharge.
In 1991 I was discharged for Misconduct due to a pattern of misconduct. I do not refute any of the charges against me. In fact, I affirm the charges. I was drinking heavily arid doing drugs. I was not a responsible person in any way. Unfortunately, my discharge from the service was not the wake up call it should have been for me.
Shortly after my discharge, I was employed by Excel Corporation in Friona, TX. I worked there for about two years before I was fired for abuse of the Attendance Policy. It is very difficult to party hard and then be at work too. Are you seeing a pattern of behavior here?
Early in 1993, I met my wife and quit using drugs and drinking. I started a new job at IBP in Amarillo, TX. I quit drugs and drinking. My wife should be given a medal for putting up with me.
We were married August 14,1993 and are still together. We have a blessed life with our four children. I am grateful to the US Navy for the electronics training I received as I have built my career with that foundation.

 In short, I have learned from my mistakes and, if possible, would like to have this blemish removed from my record. I am not seeking any type of VA benefit or anything of that nature.

I hope you can grant this request. If not, I understand.

Thank you for your valuable time ,”
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)     880623 - 880711  COG
          Active: None
Period of Service Under Review :
Date of Enlistment: 880712               Date of Discharge: 910308

 Length of Service (years, months, days):
         Active: 02 07 28 (Does not exclude lost time)
          Inactive: None

 Age at Entry: 18                          Years Contracted: 4 (24 months extension)
Education Level: 12                        AFQT: 94

 Highest Rate: EM3
Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.30 (2)    Behavior: 2.15 (4)                OTA: 2.60
Military Decorations: None

 Unit/Campaign/Service Awards: NDSM
Days of Unauthorized Absence: 16

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct - Pattern of misconduct, authority: NAVMILPERSMAN, Article 3630600.
Chronological Listing of Significant Service Events :

891026:  NJP for violation of UCMJ, Article 92: Underage alcohol consumption.
         Award: Forfeiture of $400 per month for 2 months, restriction and extra duty for 45 days, reduction to EMFN. No indication of appeal in the record.
900419:  NJP for violation of UCMJ, Article 92 (2 Specs): Underage alcohol consumption, and storing alcohol in the barracks.
Award: Forfeiture of $421 per month for 2 months, restriction and extra duty for 45 days, reduction to ETSA. No indication of appeal in the record.
900726:  Counseling: Advised of deficiency (Alcohol abuse on 891019 that resulted in NJP), notified of corrective actions and assistance available.
910114:  Retention Warning from USS Woodrow Wilson: Advised of deficiency (NJPs held on 891026 and 900419), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

910207:  NJP for violation of UCMJ, Article 86: UA from 910115 to 910131 when apprehended, violation of UCMJ, Article 87: Missing movement.
         Award: Forfeiture of $400 per month for 2 months, restriction and extra duty for 45 days, reduction to E-1. No indication of appeal in the record.
910207:  USS Woodrow Wilson notified Applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct, and commission of a serious offense due to minor disciplinary infractions as evidenced by all punishments under the UCMJ.
910207:  Applicant advised of rights and having consulted with counsel certified under UCMJ Article 27B, elected the right to obtain copies of the documents used to support the basis for the separation and to submit a statement.
910212:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and due to commission of a serious offense.

910228:  CNMPC 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 19910308 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 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. A characterization of service of under other than honorable conditions is warranted when the member's conduct constitutes a significant departure from that expected of a sailor. The Applicant’s discharge characterization accurately reflects his service to his country. Normally, to permit relief, an inequity or impropriety must have existed during the period of enlistment in question. No such inequity or impropriety occurred during the Applicant’s enlistment. Additionally, 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 the service. Relief denied.

The Board commends the Applicant’s efforts to maintain a clean and sober lifestyle. The NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, to the extent that such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review. Verifiable proof of any post-service accomplishments must be provided in order for the Applicant to claim post-service conduct and behavior as a reason to upgrade a less than honorable discharge. Evidence of continuing educational pursuits, employment record, documentation of community service, certification of non-involvement with civil authorities and credible evidence of a substance free lifestyle, are examples of verifiable documentation that may be provided to receive consideration for relief, based on post-service conduct.

The Applicant is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge. Representation at a personal appearance hearing is recommended but not required.











Pertinent Regulation/Law (at time of discharge)
A. Naval Military Personnel Manual, (NAVPERS 15560A, Change 8 effective 21 Aug 89 until 14 Aug 91), 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      


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