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Docket No. ND99-00942

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

 ex-AR, USNR
Docket No. ND99-00942

Applicant’s Request

The application for discharge review, received 990701, requested that the characterization of service on the discharge be changed to honorable.  The applicant requested a documentary record discharge review.  The applicant listed the Disabled American Veterans as his representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000323.  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: UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. To Whom It May Concern:

I'm writing this letter in the hopes you can help me.  Back in 1992, I made some serious errors in judgement.  At the time I was only nineteen years old and joined the United States Navy for the wrong reasons.  It was simply to get out of the house, but little did I know my poor judgement would affect the rest of my life.  I am now twenty-five, married, have matured and learned about the world and myself over the past six years.  My lifestyle has changed dramatically and I am looking to make amends for errors in my past that surely will hinder the quality of my life in the future.  So I'm hoping you will seriously consider my situation, look at the man I have become and decide if my circumstances warrant a reconsideration of the US Navy's official opinion of who I am.  As you know, this is a gravely important issue to my family and myself for it will either make or break many opportunities for us in the coming years.

My military career was not completely bad starting with my choice to enter the Delayed Entry Program on June 11^th  1992. I received Certificate of Completion on 4 December 1992 for the USS Enterprise Indoctrination Program.  I also received Certificate of Completion for Shipboard Aviation Fuels Refresher on 12^th day of May 1993.  My biggest accomplishment was when I was raised to the rank of Airmen Apprentice on said date of October 20, 1992.  Not everything I did then was bad.

In this letter I have submitted testimonies of the person I've become.  The following examples are of what the people who know me best have to say about (applicant) today.  Letters are enclosed that give a more complete picture.  Mr. C.E. O_ said," I think he would do real well in the service and he would serve his country well".  J_ M L_ said, "But (applicant) is now a very mature, responsible, loyal and respectable person.  And I know he would serve, fight and defend the honor of our country.  He would be a fine asset to our countries military." Mr. R_ D_ said "Having known (applicant), for the past few years, I find him to be a hard working, honest fellow, that would like to better himself." he went on to say "I believe he has matured into a responsible young man." Miss. S_ M_ had this to say, "Since then he has grown to proper maturity.  He is dependable and works hard." Then she went on to say "(Applicant) is intelligent, and concentrates on all outside responsibilities.  He can be depended on." Mr. J_ L_ wrote a letter that just about sums it up.  Mr. J_ L_ said this about my work "He was always on time and did well on the work he was informed to do." Mr. S_ M_ had this to say, "I believe he would go on to be a good solder if given the opportunity." Mr. J_ H_ had this to say about my change " (applicant) for whatever reasons has matured, he has changed and is a decent, responsible, and sincere human being who is trying desperately to atone for mistakes in his past to make a brighter future for himself and his family." Mrs. M_ B_ had this to say" (applicant) has always had a good attitude towards his co-workers" Mr. M_ E_ said this"his ability to handle stress has increased tremendously".  Mr. R_ C_ had these kind words to say" Also, they were very considerate toward their neighbors and helped them out as the occasion a rose."  These people know me and have all seen a great change in me.  So much they where willing to testify to that fact.

I have become a member of The International Society of Poets in 1998.  They stand for peace, education, accomplishment, charity, and equality.  I was awarded two Editor's Choice Awards for outstanding achievement in poetry.  And given the great honor of being published in Outstanding Poets of 1998.

I  went back to school in 1997 at Wes Watkins Technology Center to complete my automotive technology course.  And while I was there was recognized for extra activities for the benefit of my classmates.  These are a brief summary of those awards.  In 1997, I was given a Certificate of Appreciation for help in the open house event.  I also received a Certificate of Participation on October 14, 1997 at the Dizzy Dean Day Celebration.  I also received one for being an Outstanding Student on October 20, 1997. 1 had to drop the course for a short while due to financial problems in January 1998.  I resumed the class in August '98 and promptly received State Competency Certificate for Brakes Technician on September 3, 1998.  I received a Certificate of Appreciation on August 29, 1998 at Sucker Day Celebration.  I was then nominated as Student of the Month for Automotive Technology for the month of October 1998. 1 received a Certificate of Appreciation on October 3rd 1998 at Hog Wild Days.  I received a Certificate of Appreciation on October 10^th 1998 at Dizzy Dean Days.  Reverend R_ T_ in the Holdenville Daily News also recognized me for community service on Sunday, January 11, 1998.  I received a Certificate of Appreciation for help in the Open house event on October 1998.  And before I finish the program, I will gain a Competency Certificate for Steering and Suspension, Electrical, and Engine Performance.  This year I hold three-class offices in VICA (Vocational Industry Club of America) advisor for both the morning and afternoon automotive technology class.  I also hold a center wide office, afternoon reporter.  We are the first center wide officers in Wes Watkins history.  In 1997-1998 I was the morning and afternoon reporter for the automotive technology class.  I have an "A" average and very good attendance as opposed to my attendance when I was enlisted.  I truly have become a better person over the years.  Being 25 I'm to old to reenlist but if I could I would.  And I would do my country, my family, and myself proud.  Just like my school record.

My actions were wrong then and would be wrong now.  I've since found God and was baptized on March 29, 1997 at First Church of God Holdenville, Ok.  I have gone into counseling and have pulled my life back together.  I am asking you to show mercy on someone who knows his actions were unbecoming of a United States Naval crewmember.  I'm asking you today to overturn my discharge to honorable, so that I can put the past behind me and continue on my path to become a successful, responsible, and admirable U.S. citizen.  Thank you for your time and energy on this matter and I'm look forward to your response.  Respectful yours,

2. After a review of the Former Service Members (FSM) DD Form 293 Application for the Review of Discharge or Dismissal from the Armed Forces of the United States and all of the evidence assembled for review, we continue to support the contentions as raised by the applicant

The FSM has submitted a statement to the Board concerning his case.  The FSM does not disagree with how the Navy made their decision to separate him under Other Than Honorable (OTH) conditions.  Nor does the FSM disagree with what he did was wrong.  However, the FSM is asking for a chance to get his life in order.

The FSM went back to college upon his discharge from service, got married, became an active member of The International Society of Poets, and began attending church services.  The FSM also submitted numerous lay statements from employers, friends, and co-workers to support the fact that the FSM has matured substantially since his time in service.  The FSM has also received recognition and awards for outstanding performance while attending school.

The FSM admits his errors.  But he is requesting the Board to give him a chance to become the best person that he can by granting him an upgrade in his discharge.  We feel that this FSM has paid the price for his mistakes and should be given the chance to go far in his life.

We ask for the boards careful and sympathetic consideration of all the evidence of record used in rendering a fair and impartial decision.  These issues do not supersede any issues previously submitted by the applicant.

Documentation

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

Copy of DD Form 214.
Character reference dated July 1, 1998
Character reference
Character reference
Character reference
Character reference dated June 25, 1998
Character reference dated June 16, 1998
Character reference dated August 5, 1998
Character reference dated August 15, 1995
Character reference dated June 24, 1998
Character reference
Character reference
Character reference dated August 5, 1998
Letter from Department of Veterans Affairs dated September 26, 1997
Certificate of Appreciation
Certificate of Appreciation dated October 10, 1998
Certificate of Appreciation dated October 3, 1998
Certificate of Recognition dated October 5, 1998
Certificate of Appreciation August 29, 1998
Competency Certificate dated September 3, 1998
Outstanding Student award dated October 20, 1997
Certificate of participation dated October 14, 1997
Certificate of Appreciation
Editor's Choice Award dated 1998
Editor's Choice Award dated 1998
Member in good standing International Society of Poets dated 1998
Certificate of Baptism dated March 29, 1997
Certificate of Completion dated May 12, 1993
Certificate of Completion dated December 4, 1992
Certificate from Recruit Training Command dated October 24, 1992
Certificate of Delayed Enlistment Program dated June 11, 1992
Competency Certificate dated December 18, 1998
Letter from Disabled American Veterans with 23 attachments

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	920611 - 920706	COG

Period of Service Under Review:

Date of Enlistment:  920707		Date of Discharge:  930827

Length of Service (years, months, days):

	Active:    01  01  21
	Inactive:  None

Age at Entry:  19			Years Contracted:  8

Education Level:  12			AFQT:  44

Highest Rate:  AA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMF			Behavior:  NMF		OTA:  NMF

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM 

Days of Unauthorized Absence:  None

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority:  NAVMILPERSMAN, Article 3630600.

Chronological Listing of Significant Service Events:

921207:	Retention Warning:  Advised of deficiency (Wrongfully inhale or smell a substance, in violation of Code of VA 18.2-264.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 
	
930701:	NJP for violation of UCMJ, Article 86: Unauthorized absence on 0630-0800, 5Jun93, violation of UCMJ Article 108: Destruction of government property on 21Jun93, violation of UCMJ Article 110: Hazarding a vessel on 21Jun93, violation of UCMJ Article 117: Provoking speech or gestures on 5Jun93, violation of UCMJ Article 134: Wrongful loan of a military pass on 14Jun93.
	Award:  Forfeiture of $407 per month for 2 months, restriction and extra duty for 45 days, reduction to AR.  No indication of appeal in the record.

930712:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

930712:  	Applicant advised of his rights and having elected not to consult with  counsel certified under UCMJ Article 27B, elected to waive all rights.  Applicant did not object to separation.

930802:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense. 

930816:	BUPERS directed the applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 930827 under other than honorable conditions for misconduct due to commission of a serious offense (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).

The following is provided for the applicant’s edification.  The NDRB is authorized to consider post-service factors in the recharacterization of a discharge.  The applicant must be aware that 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 the civilian life subsequent to leaving the service.  Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question.  Outstanding post-service conduct, 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, may be considered by the NDRB.  The applicant is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge.  Representation at personal appearance hearing is highly recommended.

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 – COMMISSION OF A SERIOUS OFFENSE.

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 Street SE Rm 309
		Washington, D.C.  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:  A6730/A9301/A9211/A9203/A9303/A9311/A9217/A9221