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NAVY | DRB | 2000_Navy | ND00-00492
Original file (ND00-00492.rtf) Auto-classification: Denied


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

ex-OSSR, USN
Docket No. ND00-00492

Applicant’s Request
The application for discharge review, received 000307, requested that the characterization of service on the discharge be changed to honorable or general/under honorable conditions. 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 000918. 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/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-140 (formerly 3630600).

The NDRB did note an administrative error on the original DD Form 214. Block 12c, Net Active Service This Period should read: “01 01 08” vice “01 01 19”. The original DD Form 214 should be corrected or reissued as appropriate.






PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1. To the Navy Review Board,
During my time in the Navy, I made many mistakes that I wish I could take back, but, I cannot and all I can do is learn and make progress from my mistakes. Over the last nine months I have made significant progress in doing so. Since April when I was discharged, I have held three very good jobs. The first job was a security job with Royal Guard Security. My job consisted of apartment security making sure the building was secure for tenants only. I also did shopping mall security in which my job was to monitor the camera system and handle any customer complaints. I believe I did the best job possible. For background information please contact Mr. T_ T_ at (telephone number deleted). I was employed in this position from May to August 1999. I left this position and Hawaii to return to South Carolina. I felt like opportunity was more available for me here. My second job was a landscaping job with Mother Earth Landscaping. During my time with this company, my job consisted of various activities. I did such things as lay sod, fertilizing, planting shrubs, trees, and flowers. I also worked on irrigation systems, and cut the grass, maintaining the plants and the yards. I really enjoyed the job and it helped me in opening my mind about many things. For any information or background check please call Mr. C_ W_ at (telephone number deleted). I was employed in this position from August 1999 to December 1999. I left this position for a better opportunity and higher salary. In my present job with Fripp Island Security I work as a dispatcher. This job presents so much potential for me because there is so much upward mobility. There are benefits such as Medical, Dental, etc. I have the opportunity to learn a lot about law enforcement and how to handle certain situations. This job is a chance to help me further myself and someday move into law enforcement. I believe that I have a great opportunity here. For any information or background check, please call Chief H_ at (telephone number deleted). I have been employed here from December 1999 to the present. I have established bank accounts, purchased an automobile, pay my bills promptly, and have gotten my own residence. I have gotten guidance with all financial matters and have lived within a strict budget since returning to the civilian world. I realize very well that I made some serious mistakes while in the Navy. I now know what I threw away when I made those very bad choices. This is something I will have to live with the rest of my life. The lessons have been tough ones; but, believe me, I have learned from them. During my nine months of progression, I have maintained an excellent record with the law and my employers. It is of the utmost importance to me to restore myself in the community to good standing and be the good citizen I know I can be (and now am). I will never again take lightly ANY commitment or promise I make and pledge to live my life daily to the highest standards. I am asking for the upgrade to my discharge. Again, I know this is a very serious matter and has to be considered carefully. I pray that you will honor this request and award me this upgrade. Thank you for your consideration in this matter.
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Letter from applicant's mother dated February 29, 2000

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     971122 - 980224  COG

 Period of Service Under Review :
Date of Enlistment: 980225               Date of Discharge: 990402

 Length of Service (years, months, days):

         Active: 01 01 08
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

 Education Level: 12                        AFQT: Not found

 Highest Rate: OSSA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF                  Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: None

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

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

 Chronological Listing of Significant Service Events :

980925:  NJP for violation of UCMJ, Article 86: Absence without leave on 30Aug98.
         Award: Restriction for 45 days, reduction to OSSR. No indication of appeal in the record.
980928:  Retention Warning: Advised of deficiency (Unauthorized absence.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

981211:  NJP for violation of UCMJ, Article 121: Larceny of a bag of gummy bears, value of about $1.80, the property of USS LAKE ERIE on 19Nov98.
         Award: Forfeiture of $200 per month for 2 months, restriction and extra duty for 20 days. No indication of appeal in the record.
981211:  Retention Warning: Advised of deficiency (Larceny.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

990205:  NJP for violation of UCMJ, Article 121: Larceny of a Sony playstation, value of $159.00, property of Navy Exchange, Pearl Harbor, HI.
         Award: Forfeiture of $479 per month for 2 months, restriction and extra duty for 45 days. No indication of appeal in the record.
990217:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.
990217:          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

990315:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct. Commanding Officers comments: OSSR Higgs performance has been substandard. His immature behavior and disregard for good order and discipline, despite numerous efforts and intervention by his chain of command, are strong indications that he has no future in the United States Navy and is not recommended for continued naval service. Recommend OSSR Higgs be discharged under Other Than Honorable conditions.

990401:  COMCRUDESGRU ONE directed the applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 990402 under other than honorable conditions for misconduct due to a pattern of misconduct (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).

In the applicant’s issue 1, the Board found that the applicant had 3 NJPs in a 5 month period. Additionally, he was given 2 Retention Warnings that he failed to comply with. The Board found that the applicant’s misconduct was significant and warranted an other than honorable discharge. No relief is granted.

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), certification of non-involvement with civil authorities (police records check) and proof of his not using drugs (detoxification certificate, AA meeting attendance or letter documenting participation in the program) 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. In addition, the applicant was only 9 months out of the service when he submitted his application. This is normally not enough time to have established oneself into a community and be a proven performer through community service and other pursuits. This is why individuals are allowed 15 years from time from service to apply for an upgrade to discharge. The applicant referred to several jobs he has held since his discharge in 9904, but has submitted no documentation of this. Additionally he refers to establishing bank accounts, purchasing an automobile, paying his bills promptly and buying a residence. This alone would not be enough to warrant an upgrade to his discharge. Therefore no relief will be granted. 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.

Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective
12 Dec 1997 until Present, 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      


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