Author: CAP
Last saved by: Department of the Navy
Company: NCPB

Docket No. ND03-00757

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

ex-HN, USNR
Docket No. ND03-00757

Applicant’s Request

The application for discharge review was received on 20030326.  The Applicant requests the reason for the discharge be changed to financial instability.  The Applicant requests 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 20040303.  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 reason for the discharge shall not change.  The discharge shall remain: HONORABLE/ PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-140 (formerly 3630600).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1.  “Line 28 of my DD 214 reads “Pattern of Misconduct”.  Please change line 28 of my DD 214 so that I may receive my G.I. Bill benefits.  I was told when I was discharged that I would still receive my educational benefits.  My G.I. Bill benefits were denied pending a change of line 28 of my DD 214.  I was told that the wording “Pattern of Misconduct is holding up my receiving my educational benefits.  I was discharged because of my financial instability and my being with child.   I’m asking for a change so that I may be able to receive my G.I. Bill on a month to month basis. I am also attending school at this time.”I was honorably discharged from the United States Navy 09 Sep 99.  I was discharged because I was financially unstable and with child.  Upon discharge I was told that I was eligible for my G.I. Bill benefits.  I applied for school and I was denied.  I called the 1-800 number for the education benefits and I was told that line 28 on my DD 214 would hinder me from receiving my benefits.  I was told by the education line that line 28 needed to be changed and I would then be able to receive my benefits.  I don’t see my financial instability as misconduct.  I would like to see this changed because I really need my education expenses.  I start school Jan 13 for the spring radiology program.  I ask that you please change line 28 so that I may receive my benefits.  If you need to contact me please call me at one of the following numbers (telephone numbers deleted).  My address is (address deleted)  Thank you very much.
Thank you
T_ D_ H_ (Applicant)

Documentation

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

Applicant’s DD Form 214 (Member 1 and 4)

PART II - SUMMARY OF SERVICE

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

	Inactive: None
	Active:   None

Period of Service Under Review:

Date of Enlistment:  970707			Date of Discharge:  990909

Length of Service (years, months, days):

	Active:    02  01  11
	Inactive:  00  00  21

Age at Entry:  17 Parental Consent		Years Contracted:  8

Education Level:  12				AFQT:  55

Highest Rate:  HN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.50 (2)	Behavior:  2.00 (2)		OTA:  2.33

Military Decorations:  None

Unit/Campaign/Service Awards:  None

Days of Unauthorized Absence:  None

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

HONORABLE/PATTERN OF MISCONDUCT, authority:  NAVMILPERSMAN, Article 1910-140 (formerly 3630600).

Chronological Listing of Significant Service Events:

970729:	Commenced 36 months of active duty under the Airman Apprenticeship Training Program.

981014:	Counseling Warning:  Advised of first failure of the Physical Readiness Program and placed on the command’s Physical Readiness Conditioning Program.

990519:	Retention Warning: Advised of deficiency (Failure to pay just debts, and incurring debts beyond your ability to pay an outlined in MILPERSMAN 6210140.  HA M_ (Applicant) has received a letter of indebtedness due to auto loan payments that are four months overdue.  HA M_ (Applicant) is currently repaying auto loans on two separate vehicles, incurring a total debt in excess of $25,000.  One of the automobiles has been repossessed and HA M_ (Applicant) has been served with a summons to appear in court on 990513.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

990729:	Applicant’s Evaluation Report & Counseling Record for the period of 98JUL16 to 99JUL15 states the following:  “Personal matters often negatively impacted the team mission and created an undue administrative burden on the Chain of Command.  Failed to follow up with Command Financial Specialist as directed by superiors.”

990729:	Applicant acknowledged the recommendation for advancement to HM3 withdrawn due to adverse eval report from 98JUN01 to 99JUL15, and Applicant indicated she would seek a review of this matter.  [No indication in service record.]

990825:	Commanding Officer directed discharge honorable by reason of misconduct due to a pattern of misconduct.

[Supporting documentation for discharge action not contained in service record.]

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19990909 with an honorable for misconduct due to a pattern of misconduct (A).  In the absence of Applicant’s discharge package, 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.  The Veterans Administration determines eligibility for post-service benefits not the Navy Discharge Review Board.  There is no requirement or law that grants a change in the narrative reason for separation 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. 

The following is provided for the edification of the applicant.  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 naval service.  The NDRB is authorized, however, to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review.  Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, and certification of non-involvement with civil authorities.  

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 at that time.  The Applicant may also present evidence that her assigned reason for discharge is not proper.  Representation at a personal appearance hearing is recommended but not required.

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective
12 Dec 1997 until 21 Aug 2002, Article 1910-140 (formerly 3630600), SEPARATION BY REASON OF MISCONDUCT - 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

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: