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NAVY | DRB | 2002_Navy | ND02-00720
Original file (ND02-00720.rtf) Auto-classification: Denied


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

ex-HTFR, USN
Docket No. ND02-00720

Applicant’s Request
The application for discharge review, received 020424, 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. In the acknowledgement letter to the Applicant, he was informed that he was approaching the 15year point for review by this Board and was encouraged to attend a personal appearance hearing in the Washington, D.C. area. Applicant did not respond.

Decision

A documentary discharge review was conducted in Washington, D.C. on 030722. 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 narrative reason of the discharge shall not change. The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct - Pattern of misconduct, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1. To receive a discharge upgrade which will positively allow me to demonstrate my military services to local banks, so I may obtain a home loan.

2. Have maintained a clean record since my discharge.

3. I am writing this letter to support my application of DD Form 293. Since my discharge in 1988, I have maintained both a clean personal record and work record in my community. I have currently been employed at JCJ Trucking Inc., which is located in Peru Illinois. My supervisor is S_ D_ and can be reached at (telephone number deleted), to speak on my behalf. I have an excellent driving record, with no accidents, violations or tickets. Enclosed with this letter is a complete list of my past employment history, along with several documents pertaining to my Naval Training. However, DD Form 214 and my date of discharge will be mailed separately. I am waiting for copies of my discharge papers to arrive from the military personnel records in St. Louis. Due to the length of time it takes to evaluate a request, I am sending your department all the paper work that I have now, in an effort to help expedite the application process. I thank you for your time and for your consideration. I look forward to hearing from you on this matter. Sincerely,

 4. To Whom It May Concern:

This letter is an attachment that pertains to Block 8 on DD Form 293 listing issues regarding to the deliberation of my case for upgrading my discharge. Starting in March of 2002, I, (Applicant), have been trying to apply for an upgrade in my discharge. Because I did not have a copy of my original discharge papers from 1988, I, (Applicant), also filled a DD Form 149 requesting a new copy of my discharge papers. along with an upgrade in my discharge. It has taken until February 6, 2003 for me to discover that I have never had any discharge papers filed for my dates of service. Due to the neglect of my former commander, who did not properly file my discharge papers in 1988 the year I, (Applicant), was discharged from the Navy, it has been over a year in waiting with endless requests and answers from no one. If it wasn't for the dedication of my wife, V_ G_, and her daily routine of phone calls we would never have even known about the nonexistence of my discharge papers. Thanks to Officer L_ K_ (901-874-3394) at the Navy Personnel Command in Millington, TN who spoke with my wife on the phone and did some investigating on our behalf, was able to find out about the error that was made in filing my discharge papers, and was able to have a new and proper DD Form 214 discharge papers filed in my name, (Applicant), and sent me a copy in record time. So again, I, (Applicant), am sending a request for an upgrade in my discharge. This upgrade is needed to obtain a Certificate of Eligibility from the Department of Veterans Affairs so I, (Applicant), can apply for a VA home loan. Since my discharge in 1988, I, (Applicant), have maintained both a clean personal record and work record in my community. I have been married since 1998 and have one 5yr. old son, with a second child due on September 18, 2003. My family means the world to me and I, (Applicant), would not be able to afford a new home without being eligible for a VA loan. Back in 1988, I, (Applicant) was an 18yr. old immature child who thought he knew it all and it got me into alot of trouble, today I, (Applicant), am a 36yr. old man with a family to support and care for who has a stable life and his head on straight. I, (Applicant), believe that when my pay grade was changed from a Grade E3 to an El and I, G_ M_ G_, had two months of vacation pay taken away more than pays for the misconduct that earned me a discharge of "under other than honorable conditions." Not to mention the error of misconduct in the non-filing of my DD Form 214 discharge papers in 1988, when my former commander neglected to do his job. I, (Applicant), am requesting an upgrade in my discharge in which my character of service will be changed to either 1) Honorable or 2) General/Under Honorable Conditions, both are marked on DD Form 293 in Box 3. Also needed for an upgrade in my discharge is the narrative reason for separation, this will need to be changed as well. Supporting documents have been attached as requested in Box 7 on DD Form 293, showing the paperwork that has been sent since the date of my original request for an upgrade (March 16, 2002) clear through to my new DD Form 214 discharge papers from Millington, TN dated February 6, 2003. Thank you for the time and consideration it will take for you to help me in my request. Sincerely,
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
List of employment experience
Pictures, Company 85-315
Certificate of completion of "A" school, dated February 26, 1986
Certificate of completion, dated February 10, 1987
Letter of appreciation, dated November 11, 1987
Applicant's DD Form 214
DD Form 149, dated March 15, 2002
Letter requesting military personnel records, dated April 16, 2002
Fax Transmission sheet, dated Apri1 16, 2002
Letter to Applicant from Board for Correction of Naval Records, dated July 10, 2002
Letter to Applicant from National Personnel Records Center, dated September 23, 2002
Letter from Applicant to National Personnel Records Center, dated February 4, 2003
Request for a certificate of eligibility, VA Form 26-1880, dated February 24, 2003

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     850910 - 850911  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 850912               Date of Discharge: 880629

 Length of Service (years, months, days):

         Active: 02 09 18
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 54

 Highest Rate: HTFA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.80 (2)    Behavior: 3.20 (2)                OTA: 3.55

 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/Misconduct - Pattern of misconduct, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

860613:  NJP for violation of UCMJ, Article 86 (2 specs): Unauthorized absence on 860529 and 860604.
         Award: Forfeiture of $150 per month for 1 month, restriction for 45 days, reduction to HTFR. Restriction suspended for 90 days. No indication of appeal in the record.
870413:  NJP for violation of UCMJ, Article 86: Failure to go to appointed place of duty, violation of UCMJ, Article 91: Violation of a lawful order.
         Award: Correctional custody for 25 days. No indication of appeal in the record.
870417:  NJP for violation of UCMJ, Article 128: Assaulted FR by striking him with his fists on 870416.
         Award: Forfeiture of $100 per month for 2 months, reduction to HTFR. Reduction suspended for 3 months. No indication of appeal in the record.
870917:  NJP for violation of UCMJ, Article 92: Failure to obey order or regulation, violation of UCMJ, Article 113: Misbehavior of sentinel to wit: sleeping on watch.
         Award: Forfeiture of $329 per month for 1 month, reduction to HTFR. No indication of appeal in the record.
870917:  Retention Warning from USS JARRETT (FFG 33): Advised of deficiency (As listed at captain's mast held onboard USS JARRETT on 17Sep87), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

871211:  NJP for violation of UCMJ, Article 92: Failure to obey a lawful regulation, to wit: drinking under the age of 21.
         Award: Forfeiture of $150 per month for 2 months, extra duty for 13 days. No indication of appeal in the record.
880314:  NJP for violation of UCMJ, Article 86: Failure to go to appointed place of duty.
         Award: Restriction and extra duty for 30 days, oral reprimand. No indication of appeal in the record.
880509:  NJP for violation of UCMJ, Article 92: Failure to obey lawful order on 880402, violation of UCMJ, Article 113: Misbehavior of a sentinel, to wit: sleeping while on watch in Crew Complex 3 berthing and failing to wake up when ordered to do so on 880402.
         Award: Forfeiture of $150 per month for 2 months, restriction and extra duty for 30 days. No indication of appeal in the record.
880513:  NJP for violation of UCMJ, Article 112A: Wrongful use of cocaine.
         Award: Forfeiture of $326 per month for 2 months, restriction and extra duty for 45 days. No indication of appeal in the record.
880517:  USS JARRETT (FFG 33) notified Applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by the service record.
880518:  Applicant advised of rights and having consulted 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.
880608:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and misconduct due to drug abuse.

880617:  Medical evaluation: Applicant found not to be alcohol/drug dependent.

880620:  Drug and Alcohol Abuse Report: Cocaine abuse. Unit sweep urinalysis dated 880317. Clinical psychologist found Applicant not dependent. Commanding Officer recommends separate.

880628:  CNMPC 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 880629 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).

Issue 1. 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 denied.

Issues 2-4. The Applicant’s discharge characterization accurately reflects his service to his country. Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question. No such error or inequity occurred 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. However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, to the extent that such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review. Verifiable proof of any post-service accomplishments must be provided in order for the Applicant to claim post-service conduct and behavior as a reason to upgrade a less than Honorable discharge. Evidence of continuing educational pursuits, documentation of community service, certification of non-involvement with civil authorities and credible evidence of a substance free lifestyle, are examples of verifiable documentation that should have been provided to receive consideration for relief, based on post-service conduct. The Applicant’s evidence of post-service conduct was found not to mitigate the offenses for which he was discharged. Relief not warranted.

A characterization of service of under other than honorable conditions is warranted when the member's conduct constitutes a significant departure from that expected of a sailor. T he Applicant’s service was marred by award of nonjudicial punishment (NJP) on eight occasions. The Applicant’s pattern of misconduct, which forms the primary basis for determining the character of his service, reflects his disobedience of the orders and directives which regulate good order and discipline in the naval service, and falls short of that required for an honorable characterization of service. No other narrative reason more clearly describes the circumstances surrounding the Applicant’s processing for administrative separation. The punishments received during his tour on active duty for his misconduct does not mitigate his characterization of service to the degree required to warrant an upgrade. Relief denied.


 Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560A, effective 870615 - 890110), Article 3630600, SEPARATION OF ENLISTED MEMBERS BY REASON OF MISCONDUCT – A 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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