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NAVY | DRB | 1999_Navy | ND99-00014
Original file (ND99-00014.rtf) Auto-classification: Denied


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

ex-AD3, USNR
Docket No. ND99-00014

Applicant’s Request
The application for discharge review, received 980928, 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 990920. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety, but an inequity in the characterization of the applicant’s service. The Board’s vote was unanimous that the characterization of the discharge shall change to: GENERAL(UNDER HONORABLE CONDITIONS)/Misconduct – Pattern – frequent involvement of a discreditable nature with civil or military authorities, authority: NAVMILPERSMAN, Article 3630600.





PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 At the time of my discharge from the USN (TAR) program, I was going through a very rough time in my life. I had child custody of my daughter and my wife took her from the state! My financial condition at that time was terrible. Then my pay was cut off due to some problem with BAQ. I was trying to work off base as a pizza delivery person just to have some kind of money!
The personnelman in my squadron advised me that I should take a discharge to get my private affairs in order, due to the fact that my command SR. Chief was going to take me to Captains Mast because my creditors called him on several occasions! The personnelman also advised me that in 6 months, this type of discharge would become “Under Honorable Conditions.”
In the period since my discharge, I have totally applied myself to living a good life as a decent citizen I even became a police officer and was decorated for valor! In the review of my military record, you will find that I did my job and carried out my responsibilitys well as well as supported all Navy standards and policys. In my record you will find that I was awarded the Navy Commendation Medal also:
I just received an offer to work on Norfolk/Southern railroad and have accepted this position. The only thing that is holding me back now is a discharge character showing a discharge with either Honorable or Under Honorable Conditions. This is one of the greatest opportunities I have been offered in my life. I really need this job. Please consider my request, as I feel that my record supports my request. If only I could change the one mark against me, then I could go on further in my life.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Applicant's Statement (2pgs)
Copies of DD Form 214
Copy of Navy Commendation Medal Citation.
Copy of Silver Star for Bravery Certificate.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (TAR)     820108 - 820110  COG

 Period of Service Under Review :
Date of Enlistment: 820111               Date of Discharge: 840519

 Length of Service (years, months, days):

        Active: 02 04 09
         Inactive: None

 Age at Entry: 23                          Years Contracted: 6

 Education Level: 12                        AFQT: 74

 Highest Rate: AD3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.53 (3)    Behavior: 3.06 (3)                OTA: 3.46

 Military Decorations: None

 Unit/Campaign/Service Awards: NCM

Days of Unauthorized Absence: None

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – Pattern – frequent involvement of a discreditable nature with civil or military authorities, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

820111:  TAR enlistment Program for 6 years.
830922:  Counseled on financial problems.

831005:  Counseling warning concerning financial problems, and was informed that any further requests from creditors for assistance from this command in obtaining payments will result in charges being brought under the UCMJ and possible processing for Administrative Discharge under MILPERSMAN 3630600 for misconduct.

831130:  Retention Warning from LIGHTPHOTORON THREE SIX, NAVAL AIR FACILITY, WASHINGTON, DC: Advised of deficiency (failure to repay just debts indebtedness), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

840510:  LIGHTPHOTORON THREE ZERO SIX notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct as evidenced by an established pattern of dishonorable failure to pay just debts and an established pattern of dishonorable failure to contribute adequate support to dependents or failure to comply with orders, decrees or judgements of a civil court concerning the support of dependents.
840510:          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.
840510:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct as evidenced by an established pattern of dishonorable failure to pay just debts and an established pattern of dishonorable failure to contribute adequate support to dependents or failure to comply with orders, decrees or judgements of a civil court concerning support of dependents. Commanding officer’s comments: [(verbatim]: Petty Officer P_____ is recommended for a discharge from the naval service by reason of misconduct under other than honorable conditions. His performance of duty has been above average, however his performance has been severely hampered due to his inability to handle his finances in a mature and above board manner. This command has been receiving requests from his creditors for assistance in collecting debts owed by Petty Officer P_____ for over a full year. These requests come in at least once a week and have now escalated to the point of one or more calls every day. While this command is sympathetic to these requests we are not permitted to do anything more than counseling Petty Officer P_______. Petty Officer P_____ has been married twice, with a daughter by each marriage. His eldest daughter lives with his parents. Whether or not any support is provided by Petty Officer P______ has never been proven. There are no I'D" allotments authorized by Petty Officer P_____. His youngest daughter is in the physical custody of this ex wife, in accordance with the divorce decree issued in Pottawattamie County, Iowa. Petty Officer P______ has not provided any support for his youngest daughter, even though he was ordered to contribute to her support in the divorce decree and subsequent orders. Petty Officer P______ executed an agreement with his ex wife, the District Court of Pottawattamie County, Iowa and the Iowa Department of Social Services to repay the Department of Social Services the amount of $1089.15 in back child support. This agreement was never kept by Petty Officer P______. Due to his breaking this agreement and failing to pay any child support a garnishment of 55% of his income has been ordered by the District Court of Pottawattamie County, Iowa and ordered executed by the Navy Finance Center, Cleveland. In addition to the aforementioned child support debts, Petty Officer P_______ has contracted with various businesses, an additional 14,000 plus worth of debt since August 1983. Petty Officer P______ is either delinquent or in default on most of this recently contracted debt. In December 1983, Petty Officer P______ opened a checking account with the First National Bank of Maryland. By the end of January his account was overdrawn with over $800.00 worth of checks being returned for insufficient funds. The bank placed a hold on the account on the 30th of January. As of this date the bad check charges of the bank have grown to $245.00 and the status of the returned checks is unknown. Petty Officer P_____ has been an asset to this squadron in the past. He has been an administrative burden since his assignment but this was overshadowed by his production during duty hours. In the past nine months, however, Petty Officer P______ has ceased to be an asset to either this squadron or the Navy, and has become a serious liability. He has been counseled numerous times at every level of this command and has received counseling outside of this command, with no success in either clearing up any of his debts or failing to contract new ones. The administrative burden he places upon this command now far outshadows any value he is to the Navy. Prior to enlisting in the Navy, Petty Officer P______ was in the United States Air Force. He was discharged from the Air Force after 30 days of active duty and awarded-a RE-4D reenlistment code. In order to gain entrance into the Navy, Petty Officer P_______ was given a waiver of his reenlistment code. Due to all the reasons mentioned in this letter, this command gives its strongest recommendation that Petty Officer P_______ be discharged from the Navy for misconduct under other than honorable conditions.
840518:  CNMPC directed the applicant's discharge under other than honorable conditions by reason of misconduct - pattern – frequent involvement of a discreditable nature with civil or military authorities.

 PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 840519 under other than honorable conditions for misconduct pattern frequent involvement of a discreditable nature with civil or military authorities (A). The Board presumed regularity in the conduct of governmental affairs (B). However, after a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper but that the characterization of the applicant’s service was inequitable (C and D). The discharge shall be changed to: GENERAL(UNDER HONORABLE CONDITIONS)/ Misconduct – Pattern – frequent involvement of a discreditable nature with civil or military authorities.

The Board found that the discharge was proper, but severely harsh for a credit offense and therefore inequitable. Further, based upon the bravery the applicant demonstrated during his enlistment (NCM for helping save a pilot’s life by extinguishing a fire and assisting him from the aircraft) and as a policeman (Silver Star award for Valor) the Board believed the discharge did not fairly characterize the applicant’s service.

The applicant is advised that if he is dissatisfied with the above revised characterization he may petition the Board for Correction of Naval Records, using DD Form 149.
Pertinent Regulation/Law (at time of discharge)

 A. Navy Military Personnel Manual, (NAVPERS 15560, Change 4/84, effective
25 Apr 84 until 16 Sep 84), Article 3630600, SEPARATION OF ENLISTED MEMBERS 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, D.C. 20374-5023     

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