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NAVY | DRB | 2002_Navy | ND02-00481
Original file (ND02-00481.rtf) Auto-classification: Denied


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

ex-YNSA, USNR
Docket No. ND02-00481

Applicant’s Request
The application for discharge review, received 020308, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. The applicant listed Disabled American Veterans as the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 021115. 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: GENERAL UNDER HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910 - 142 (formerly 3630605).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

 1. I just wanted to say, in light of the recent events of the countries tragedy and the short coming of life may god bless everyone involved. I would like to make an attempt to reassess my life in hopes for a better future. I hope that the review board may be kind in their decision. Thank you.

2. (Submitted by applicant on the second DD Form 293 received by the Board): I like to appreciate the time I've spent in the military, and regret the unfortunate departure from it. I've had nothing but time to think about my life of course and where I am, and sometimes you can never be satisfied just content. I also appreciate such fair solutions in how one is given he chance just to attempt to make a change from within. I ask the Board to consider an upgrade in hopes to help assist in my correction of incorrections in my life. Every day is a challenge and a new day we get older and life goes on. I wish for a chance to live up to standards in such one can be proud of. Also for family cause too. I sincerely wish I could go back in time to change the situations that damage our lives, but I can't only God has the power to change them. So in saying that I ask the Board to be gracious in the decision for deciding an upgrade. Again thank you for your time and the chance given to be heard, and all above is written with all honesty and sincerity. Thank You.

 3. (DAV Issue) After a review of the Former Service Members (FSM) DD Form 293 Application for the Review of Discharge or Dismissal from the Armed Forces of the United States and all of the evidence assembled for review, we continue to support the contentions as set forth by the applicant, in his request that he be given the opportunity to change the narrative of his character of service separation from General (Under Honorable Conditions) to a Honorable Discharge.

The (FSM) joined the United States Naval Service on February 18 1999 until May 04 2001 where he served without any non- judicial punishments until this offense of note. During his brief military tenure when he was charged with a drug abuse offense (positive urine sample) which he at first denied changed then his statement then denied again according to the Judge Advocate Attorney who subsequently convicted for making a false official state and recommended his separation from military service. (FSM) states that he is sorry for his youthful and immature behaviors that he demonstrated in the past and seeks now to better his life through seeking positive ways by requesting a up-grade in his military separation Discharge General (Under Honorable Conditions) to a Honorable Discharge.

The (FSM) seeks now to up-grade his discharge also in an effort receive benefits and entitlements for his military service and to reassess his life in hopes for a better future. The (FSM) now seeks a equitable standard as well as equity in treatment in seeking the boards' forgiveness for his past drug abuse behaviors. The (FSM) sincerely hopes that by respectfully requesting and being granted a Honorable Discharge from the Navy, he feels this is a matter of Honor and Respect he will cherish throughout his lifetime. The (FSM) also states he had always tried to achieve Honor and Respect while on recruit training duty in the Naval Service. We respectfully request that the (FSM) be given complete and duly consideration by the board. We also respectfully request that the board consider each reasonable explanation submitted by the (FSM) who now wishes to correct the general character of his discharge to Honorable.

We ask for the Board careful and sympathetic consideration of all the evidence of record used in rendering a fair and impartial decision. These issues do not supersede any issues previously submitted by the applicant.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copies of DD Form 214 (2)
DD Form 293 (second application) received July 30, 2002

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN               None
         Inactive: USNR (DEP)     None

 Period of Service Under Review :
Date of Enlistment: 990129               Date of Discharge: 010504

 Length of Service (years, months, days):

         Active: 02 02 17
         Inactive: None

 Age at Entry: 26                          Years Contracted: 4

Education Level: 12                        AFQT: 35

 Highest Rate: YNSA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMA                  Behavior: NMA             OTA: NMA

Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: None

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

GENERAL UNDER HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-142 (formerly 3630605).

 Chronological Listing of Significant Service Events :

990218:  Ordered to active duty for 4 years months under the Yeoman (TAR) School program.

010403:  Applicant notified of intended recommendation for discharge general under honorable conditions by reason of misconduct due to the commission of a serious offense.
010403:          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.
010420:  Commander, Naval Surface Reserve Force directed the applicant's discharge general under honorable conditions by reason of misconduct due to the commission of a serious offense.

010509:  Staff Judge Advocate, Naval Surface Reserve Force recommended applicant be discharge general under honorable conditions by reason of misconduct due to the commission of a serious offense for making a false statement. SJA Comments: YNSA C_____ first denied and then admitted then again denied drug abuse when confronted with the positive report from NAVDRUGLAB JAX. An error in the chain of custody made proof of a drug abuse offense at mast impossible. Accordingly, he was processed for administrative separation for commission of a serious offense-false official statement, which under Article 107, could be punished with a punitive discharge.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 010504 general under honorable conditions for misconduct due to commission of a serious offense (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).

Issues 1- 3 submitted by the Applicant and his representative: The Applicant's General (Under Honorable Conditions) discharge was proper and equitable. The NDRB, under its responsibility to examine the propriety and equity of an Applicant's discharge, will change the reason for discharge if such a change is warranted. There is no evidence of impropriety, inequity or procedural irregularities in the Applicant's discharge. The Applicant's misconduct is documented. He acknowledged and waived his rights to administrative review. The Applicant was afforded the appropriate due process at every opportunity. The NDRB found the Applicant's service record devoid of any mitigating or extenuating factors that would warrant an upgrade of the Applicant's discharge to an honorable characterization. Relief denied.
The Applicant is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge. The applicant can provide additional documentation to support any claims of post-service accomplishments at that time. 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 31, dated 20 Feb 01, effective 25 Jan 01 until Present, Article 1910-142 [formerly 3630605]. SEPARATION BY REASON OF MISCONDUCT - COMMISSION OF A SERIOUS OFFENSE.

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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