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NAVY | DRB | 2001_Navy | ND01-00110
Original file (ND01-00110.rtf) Auto-classification: Denied


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

ex-SA, USN
Docket No. ND01-00110

Applicant’s Request
The application for discharge review, received 001031, requested that the characterization of service on the discharge be changed to honorable or entry level separation or uncharacterized and the reason for the discharge be changed to convenience of the government. 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 010719. 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 and reason of the discharge shall not change. The discharge shall remain: GENERAL UNDER HONORABLE CONDITIONS/ PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-140 (formerly 3630600).


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. I tried to serve and wanted to, but just couldn't or wasn't able to. I had experienced constant, emotional, gut-wrenching tragedy. First my grandmother, whom raised me since I was a kid dies of old age. I was sixteen. Later, my brother, whom I looked up to and the only one who I heard my grandmother’s stories with, dies of alcohol poisoning. We were raised by our grandmother. He died at the age of 18. I was seventeen. But it didn't stop there. On a road trip to visit friends, a few of my friends are involved in a car crash. They were drinking. My best friend head was crushed by the tumbling of the car, he was in a coma for four months. When he awoke and was later brought back home, everybody knew he was never going to be the same again. Now, he's crippled. My other friends, one of them, lost his right arm; one died. To this day, I'm glad I didn't go along with them. I wanted to, my mother wouldn't let me. Therefore, wherever and whichever way I turn I saw the memories that they left with me; good times, the wonderful times. It was too much for me to handle especially because they also left behind for me pain, sorrow, guilt, emotion. I decided to leave all that and soon found my opportunity of joining the navy. Little did I know that you could never run from your problems.

2. Certain other problem's impaired my ability to serve, issues that arose from the stem of my problem. I was sworn into the U.S.Navy of or at the age of 17. Bootcamp was wonderful. It shined new light into my life. To me, it was heaven on earth, angels all around that I called friends, and were like brothers to me, most importantly we were family. I tried to keep my mind off the past but would get letters from family and friends. Tragedy continued. My great grandmother had passed on this time, and also a friend of my brother, as well. "Whos next?", was a question I asked myself, often. I wondered what everybody else thought, or what they were going through. That would always bring me to stress, times two. Family never seemed to fail to impair my ability to serve. Any other person would have given up now by the suffocation of stress and self pity. I continued on and soon found myself with family once again, this time on graduation. It didn't seem like months gone by, more like weeks, when I soon stepped on board my new home. The atmosphere was nice. And the job that they given me was nothing but easy.

3. Not even a month went by, I faced racial discrimination. It wasn't much a problem for me. I thought I give it a few days to turn over. It didn't. I was a candidate for discrimination. I couldn't believe this was happening to me. Everyone would laugh and no one seemed to care putting a stop to it. It was a nightmare. No one seemed to care about my feeling, my thoughts, ideas, I had no choice but to be alone. It seemed the right thing to do. But being alone, you have no one to back you up. My heart was torn out, I couldn't eat, sleep, work, or even speak.

4. My ability to serve was impaired by my youth and immaturity. In the evening I go out and drink up a storm. It helped me forget my problems, it made me feel good, it helped relieve stress. My problems continued and I continued to drink. There was a point when I got used to being constantly worked like a slave, having no friends, eating alone, being pushed around, no one to listening to me, but alcohol took a toll on me. It was a friend now, and was impairing my ability to serve. I was seventeen. I routined and didn't have a problem with it. I was in my own world and no one is to be there to tell me what to do. I did what ever I wanted, I was making my own rules. People began to realize. Some left me alone, some wanted friendship, others feared me, respected me, others couldn't believe what they created. Still others didn't change, and therefore continued being kids. I wouldn't let them into my world. It got physical. I started standing up for myself. Whether I won in belief of doing the right thing, it made no difference, I was accused, there was no justice I had no one to defend me. They no longer wanted me around, they made it clear by breaking into my locker and stealing my belongings on a regular basis. Tear my pictures, strip my room, hide my pillow, sheets, blanket, shoes, cover my mattress with skin irritant making my skin red, rashy and itchy. At night I had nothing to sleep on and nothing to cover me. My uniforms would be marked and cut up. I had tried to apply for a hardship discharge but was unfairly told to forget it.

5. I had combat service and received awards and decorations. I received the Nato Medal; Battle E Award; Sea Special Deployment Ribbon; Armed Forces Expeditious Medal; Good Conduct Medal; completed the thirty five league transit from the Mediterrarean to the Red Sea through the Seuq Canal. Lastly, I was so close to finishing my tour that it was unfair to give me a bad discharge.

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: USN                        None
         Inactive: USNR (DEP)     960917 - 970819  COG

 Period of Service Under Review :
Date of Enlistment: 970820               Date of Discharge: 000113

 Length of Service (years, months, days):

         Active: 02 04 03
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: NMA

 Highest Rate: SA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 1.00 (1)    Behavior: 1.00 (1)                OTA: 1.17

 Military Decorations: None

 Unit/Campaign/Service Awards: BATTLE"E", SSDR, AREM, NATO Medal

 Days of Unauthorized Absence: None

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

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

 Chronological Listing of Significant Service Events :

970821:  Retention Warning: Despite your fraudulent induction as evidenced by your failure to disclose required basic enlistment information. This decision is based on the information you provided the RECRUIT QUALITY ASSSURANCE INTERVIEWER and if it is found that additional information has not been disclosed you could be subject to other judicial or administrative proceeding. {POSSESION OF MARIJUANA 6/96. WINDROCK, AZ, VERBAL WARNING/8 HOURS COUNSELING. Advised of deficiency), advised of consequences of further deficiencies, and issued discharge warning.

980604:  NJP for violation of UCMJ, Article 134: (2 Specifications), Drunk and disorderly conduct and underage drinking.
         Award: Forfeiture of $463.00 per month for 1 month, restriction and extra duty for 25 days. No indication of appeal in the record.

980806:  NJP for violation of UCMJ, Article 86: (2 Specifications), Failure to go: going from appointed place of duty; violation of UCMJ, Article 128: Assault consummated by battery.
         Award: Forfeiture of $463.00 per month for 2 months restriction and extra duty for 45 days. No indication of appeal in the record.

981109:  Civil conviction at Municipal Court Old Bridge, Old Bridge, NJ for having an uninsured motor vehicle.
         Sentence: $335.00 fines plus court and loss driving license for 6 months.

000107:  Applicant notified of intended recommendation for discharge general under honorable conditions by reason of misconduct due to a pattern of misconduct [Extracted from case file].
000107:          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 [Extracted from case file].


ONLY PARTIAL DISCHARGE PACKAGE AVAILABLE IN SERVICE RECORD

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 000113 general under 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 applicant’s issue’s 1 and 2, the applicant stated he tried to serve to the best of his ability, but was unable to do so or was impaired from doing so. The NDRB recognizes that serving in the Navy is very challenging. Our country is fortunate to have men and women willing to endure the hardships and sacrifices required in order to serve their country. It must be noted that most Sailors serve honorably and well and therefore earn honorable discharges. In fairness to those Sailors, commanders and separation authorities are tasked to ensure that undeserving Sailors receive no higher characterization than is due. While the NDRB respects the fact that the applicant tried, his service is equitably characterized as being performed under other than honorable conditions. Relief is not warranted.

 In response to applicant’s issue 3, the Board found that t o permit relief, an error or injustice must be found to have existed during the period of enlistment under review. There was nothing in the records, nor did the applicant provide any documentation, to indicate there existed an error of fact, law, procedure, or discretion at the time of discharge, and that his rights were prejudiced thereby. There was no documented rights violation and no basis for relief.

 In response to applicant’s issue 4, the Board found that the applicant's age, education level, and test scores qualified him for enlistment. While he may feel that his immaturity was a factor that contributed to his action, the record clearly reflects his willful disregard for the requirements of military discipline and demonstrated that he was unfit for further service. The record is devoid of evidence that the applicant was not responsible for his conduct or that he should not be held accountable for his actions.

In response to applicant’s issue 5, the Board would like to clarify a few items the applicant mentioned. There is no “Sea Special Deployment Ribbon”; the applicant received a Sea Service Deployment Ribbon. The applicant stated he received a Good Conduct Medal but there is no mention of it in his record nor has the applicant served the three years of service without misconduct required to receive the award. Lastly, the applicant states that he “was so close to finishing my tour”. The applicant had actually only completed slightly over half of his four year tour at the time of his discharge. The Board will not grant relief on the basis of this issue.

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 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 “ afls10.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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