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NAVY | DRB | 2002_Navy | ND02-00626
Original file (ND02-00626.rtf) Auto-classification: Denied


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


ex-SN, USN
Docket No. ND02-00626

Applicant’s Request
The application for discharge review, received 020403, 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. Subsequent to the application, the Applicant obtained representation from the Veterans of Foreign Wars.

Decision

A documentary discharge review was conducted in Washington, D.C. on 030116. 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)/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-140 (formerly 3630600).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues, as submitted

1. Re:   Request Discharge Review
Attn: To Whomever It May Concern
I am writing this letter respectfully requesting that my discharge of general under honorable conditions be reviewed and changed to an honorable discharge. Since my discharge out of the US Navy on July 25, 2001 I have experienced difficulty finding full time employment. I have taken several part time positions in the Pensacola area. I am presently working in a general services warehouse position on base and am thankful for this job. When positions become available that would allow me to better myself as a civilian employee I feel my discharge is affecting my opportunities. I also would like to complete my education while working to better position myself, and the Montgomery GI Bill being available would be a finical blessing.
As a 1994 Eagle Scout recipient I learned to be trustworthy, loyal, helpful, courteous, kind, obedient, cheerful, thrifty, brave, clean and reverent this motto is a strong basis in being a good citizen. As a U.S. Sailor I was taught responsibility, honor, courage and commitment, and I realize my error during my naval tour for that I apologize once again.
I love God, America and my fellow man and respectfully request your review of my present military discharge to be changed to an Honorable Discharge.

 Sincerely,
P. S. This apologie letter is talking about the misconduct of racial comments/racial slurs.
2. Applicant indicated above requested that Veterans of Foreign Wars act as counsel concerning his application. His records were reviewed 11/12/02 and the following comments are hereby submitted.
We concur with the Applicant's contention that his discharge be upgraded.

 We refer this case to the Board for their careful and compassionate consideration and request the Applicant's discharge be reviewed for upgrading his discharge to honorable.

 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 dated July 16, 2002

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     990319 - 990510  COG
          Active: None
Period of Service Under Review :
Date of Enlistment: 990511               Date of Discharge: 010725

 Length of Service (years, months, days):

         Active: 02 02 15
         Inactive: None

 Age at Entry: 22                          Years Contracted: 4
Education Level: 15                        AFQT: 46

 Highest Rate: YNSN
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

 *No Marks Found in the service record.
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 :

000927:  NJP for violation of UCMJ, Article 92: No further information found in service record.
         Award: Correctional custody for 21 days. No indication of appeal in the record.
000928:  Applicant found fit for confinement.

 010725:  DD Form 214: Applicant discharged under honorable conditions (general) by reason of misconduct due to a pattern of misconduct.
Discharge package missing from service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 010725 under honorable conditions (general) 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).
Issues 1 and 2. The Applicant did not provide sufficient documentation to overturn the presumption of regularity concerning the equity and propriety of his discharge. The Veterans Administration determines eligibility for post-service benefits, not the NDRB. There is no requirement or law that grants recharacterization solely on the issue of obtaining veterans’ benefits and this issue does not serve to provide a foundation upon which the Board can grant relief. Relief is therefore denied.
Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question. No such error or inequity is evident during the Applicant’s enlistment. Additionally, there is no law, or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in civilian life, subsequent to leaving the service. Relief not warranted.

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. 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 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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