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Docket No. ND00-00732

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

 ex-HN, USN
Docket No. ND00-00732

Applicant’s Request

The application for discharge review, received 000518, 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 001214.  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)/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  Dear Ladies and Gentlemen,

This letter is in a form of a closing statement.

I do not regret enlistment into the Armed Services and feel proud to have served my country and the United States Navy.  I would like you to take note of the numerous medals inclusive of my NAM (for meritorious life saving), in addition to several letters of accommodation from my own Commanding officer at NAVHOSPJAX and NAVAIRSTAJAX Commanding Officer.  In addition to letters from patients on quality of care, and letters of recommendation from the very individual that brought the charges.  Also I would like to point your attention to the unspoken fact that I did volunteer to be deployed to Combat areas in Bosnia with Fleet hospital 5 with UN peace keeping forces to support my fellow sailors and marines.

Currently, I have been achieving within the medial transplantation field as a nurse, having worked, in both Tennessee and North Carolina.  As a donor transplant coordinator, my duties included procurement, placement and counseling of grieving families.  This job, not easy by any means has challenged me to strive for more knowledge which would enable me to help others further and also on a deeper scope.  I am a member of a Volunteer Rescue Squad Dive Team.

I covet more than anything to be able to benefit from my GI bill and return to school and ftirther my education in the medical field.  By doing so, this will enable me to provide quality care, essentials for my brother and me.  A favorable response would enable me to not onlt provide quality care and essentials for my brother as well as medical patients.  Please refer to the Hardship Discharge to understand further the care and needs for my brother, who is in simplest terms suffering from a degenerative mental condition.

Sincerely,

Documentation

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

Copy of DD Form 214
Copy of NAVPERS 1626/7
Copy of hardship discharge package
Letter from Cdr J_ D_ S_, Chaplain dated May 22, 1995
Letter from applicant to Commanding Officer dated October 12, 1995
Copy of letter from Commanding Officer to Commander, Naval Base, Jacksonville dated October 18, 1995
Numerous pages from applicant's service record
Character reference dated January 29, 2000
Job/character reference dated July 31, 1999
Character reference dated December 13, 1999
Character reference dated October 5, 1999
Character reference dated August 10, 1999
Character reference dated October 7, 1999
Character reference dated June 29, 1995
Character reference dated June 10, 1995
Character reference dated January 10, 1995
Letter of completion of Pediatric Advanced Life Support Provider Course dated August 29, 1994
Certificate dated June 24, 1994
Certificate dated April 29, 1994
Certificate dated January 19, 1995
Copy of Memorandum dated February 15, 1995
Letter to applicant dated June 8, 1994
Copy of certificate of appreciation dated April 26, 1995
Copy of Letter of appreciation for 10 and 11 July 1995
Character reference dated November 7, 1995
Character reference dated November 6, 1995
Character reference dated November 8, 1995
Copy of refute to first endorsement of appeal dated October 27, 1995
Professional reference dated June 10, 1995
Copies of Chapter 5, Article 3610300
Copies of Enlisted Performance Evaluation Report for 94Aug14 to 95Jun30
Copy of request for humanitarian discharge dated September 15, 1995

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	921211 - 930803	COG

Period of Service Under Review:

Date of Enlistment:  930804		Date of Discharge:  960126

Length of Service (years, months, days):

	Active:    02  05  23
	Inactive:  None

Age at Entry:  24			Years Contracted:  4

Education Level:  14			AFQT:  78

Highest Rate:  HM3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.60 (3)	Behavior:  3.50 (2)		OTA:  3.60

Military Decorations:  NAM

Unit/Campaign/Service Awards:  NDSM

Days of Unauthorized Absence:  None

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

GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority:  NAVMILPERSMAN, Article 3630600.

Chronological Listing of Significant Service Events:

940707:	Request for transfer to intensive care unit.

940708:	Retention Warning:  Advised of deficiency (Disrespectful in language and deportment to both civilian and military staff members; periods of unauthorized absence and not following departmental standard operating procedures.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

950613:	Counseling:  Advised of deficiency (On 1330, 13 June 1995 HM3 was instructed to change out of the Black T-shirt under his uniform, again at 1400 and a third time at 1415.  He walked out disrespectfully saying "the dept is ran by leadership of convenience to HM3 M_.), notified of corrective actions and assistance available.

950720:	Counseling:  Advised of deficiency (sleeping in truck during PT time), notified of corrective actions and assistance available.

950915:	Request for hardship discharge.

951005:	NJP for violation of UCMJ, Article 90 (2 specs): (1) Willfully disobey a lawful command from LT, to wit: not to use PC computer in any way on or about 1713-1717, 21Aug95, (2) Willfully disobey a lawful command from LT, to wit: not to enter into the Dermatology Clinic's secretary's office unless you were carrying out department business approved by the secretary on 1713, 21Aug95.
	Award: Forfeiture of $524 per month for 2 months, restriction and extra duty for 30 days, reduction to HN.  Appealed 951012.  Refute of first endorsement of appeal 951027.

951005:	Letter requesting continuation for suspension of restriction due to hardship.

951010:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

951012:	Request for intervention re: disproportionate punishment imposed at captain’s mast.

951012:  	Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.

951018:	Letter forwarding appeal from nonjudicial punishment.

951027:	Letter to refute the first endorsement of appeal.

951116:	An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had committed a serious offense, that the misconduct warranted separation, and by a vote of 2-1 recommended discharge general (under honorable conditions).

951207:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense. 

960``7:	BUPERS directed the applicant's discharge general (under 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 960126 general (under 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 NDRB is authorized to consider post-service factors in the re characterization 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.  In this case the NDRB found that a General discharge accurately characterized the applicant’s service.  Relief is not warranted.

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.

The Veterans Administration determines eligibility for post-service benefits such as the GI Bill, not the Naval Discharge Review Board.  There is no requirement or law that grants re characterization solely on the issue of obtaining Veterans' benefits and this issue does not serve to provide a foundation upon which the Board can grant relief. 

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 – 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 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

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/A9207/A9221/A9217