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NAVY | DRB | 1999_Navy | ND99-01002
Original file (ND99-01002.rtf) Auto-classification: Denied


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

ex-HN, USN
Docket No. ND99-01002

Applicant’s Request
The application for discharge review, received 990721, 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 000411. After a thorough review of the records, 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 3630605.

The NDRB did note an administrative error on the original DD Form 214. Block 25, Separation Authority should read: “NAVMILPERSMAN, Article 3630605” vice “MILPERSMAN 3630600”. The original DD Form 214 should be corrected or reissued as appropriate.





PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1. I wish to ask whomever about the change of my discharge to Honorable. I have been out of the military for about two years and have worked and studied hard. I am now a student at the Des Moines Area Community College and am on the Dean's list. I'm studying very hard and wish to become an Engineer someday. I was in the military (Navy), from 17 Nov 93 to 12 Sept 97. I have served the time in the military for my contract to cover all benefits except M.G.I. Bill. I do admit to my dilinquite acts. I was a single bistardrd making my new lifestyle away from my family. I was very immature and did not have my responsibilities in order. I was continuously in the wrong place at the wrong time. Now, I am married and have a child. I attend school and have a full time job. Raising a family is not easy, especially financially. I'm on the National Honor Society and the Dean's list as well. I show high standards for lift right now and plan to have a very prosperous life for my family. Receiving the Montgomery GI Bill would help tremendously. I would like to cut my hours of work and take more classes, but right now it is very difficult to do so. I will finish school. My desire for school is burning inside me. I want to show the world and myself that I am capable of doing so. I want to surf in life. I couldn't image not having a degree. The time away from the military has awakened me. Life is short. I've played hard, and now it's time to work hard. When day I am going to come to the age of retiring, or the age of dying. I do not want to regret my life. I know now that people can't help me, if I can't help myself. I feel I have and am doing so now. Thank you.


 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):
         Active: None
         Inactive: USNR (DEP)     930423 - 931116  COG

 Period of Service Under Review :
Date of Enlistment: 931117               Date of Discharge: 970912

 Length of Service (years, months, days):

         Active: 03 09 26
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 67

 Highest Rate: HN

 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: 1

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

GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630605.

 Chronological Listing of Significant Service Events :
950622:  Retention Warning: Advised of deficiency (Unauthorized absence 7 times in the last 12 months, failure to complete patient care assignments, dereliction of duty, failure of a barracks security inspection and violation of the Commanding Officer's Policy on Equal Opportunity.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

951019:  NJP for violation of UCMJ, Article 92: Derelict in the performance of duties in that he willfully referred to a patient as a "Porker" after he had inquired about her weight on 29Sep95.
         Award: Restriction and extra duty for 30 days, reduction to HR. Reduction suspended for 6 months. No indication of appeal in the record.
         
970221:  NJP for violation of UCMJ, Article 86: Unauthorized absence 0730, 2Feb97 to 0730, 3Feb97 (1 day/surrendered).
         Award: Extra military instruction for 20 hours.

970811:  Charge Sheet: Violation Article 86: Fail to go at the prescribed time to his appointed place of duty on 2215, 7Jul97. Violation Article 92 (4 specs): (1) Wrongfully driving on base without proper insurance coverage on 8Apr96, (2) Wrongfully driving on base while under base revocation on 11Jul97, (3) Wrongfully driving on base while under base revocation on 22Jul97, (4) Failure to obey lawful order by not reporting to vehicle registration for decal modification on about Jun96. Violation Article 134 (3 specs): (1) Wrongfully and knowingly drive a vehicle while under a driver's license state suspension on 11Jul97, (2) Wrongfully and knowingly drive a vehicle while under a driver's license state suspension on 22 July 1997, (3) Wrongfully and knowingly drive a vehicle while without a valid driver's license in his immediate possession on 22 July 1997. Not adjudicated.

970819:  Applicant notified of intended recommendation for discharge general (under honorable conditions) by reason of misconduct due to the commission of a serious offense.
970819:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
970827:  Commanding officer directed discharge general (under honorable conditions) by reason of misconduct due to the commission of a serious offense. Commanding officer’s comments (verbatim): HN (applicant) was processed for administrative separation following his commission of several offenses of the UCMJ. He has violated a Page 13 and has been disciplined repeatedly. HN (applicant) has not been able to conform to military life. Professionally, he has been a fair performer as a hospital corpsman. Based on the type of misconduct HN (applicant) has displayed, I cannot afford to keep him in my organization any longer. Therefore, I direct that HN (applicant)be separated from the naval service with a general discharge (under honorable conditions).

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 970912 general (under honorable conditions) for misconduct due to commission of a serious offense (A and B). The Board presumed regularity in the conduct of governmental affairs (C). After a thorough review of the records, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (D and E).

In response to applicant’s issue 1, there is no law or regulation that provides for the upgrade of an unfavorable discharge based solely on the passage of time or good conduct in the civilian life subsequent to leaving the Service. However, the Board is authorized to consider post-service factors in the recharacterization of a discharge (D). Those factors include, but are not limited to, the following: evidence of continuing educational pursuits (transcripts, diplomas, degrees, vocational-technical certificates), a verifiable employment record (Letter of Recommendation from boss), documentation of community service (letter from the activity/community group) and certification of non-involvement with civil authorities (police records check) in order for consideration for clemency based on post-service conduct. At this time, the applicant has not provided any documentation of good character and conduct. Therefore no relief will be granted. The applicant is encouraged to continue with his pursuits and is reminded that he is eligible for a personal appearance hearing provided the application is received within 15-years from the date of discharge.

Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 14, effective
03 Oct 96 until 971212, Article 3630605, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – COMMISSION OF A SERIOUS OFFENSE.

B. In Appendix 12 of the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Article 86, for unauthorized absence for a period in excess of 30 days and if adjudged at a Special or General Court Martial

C. 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.

D. 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.

E. 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     


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