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NAVY | DRB | 2002_Navy | ND02-00842
Original file (ND02-00842.rtf) Auto-classification: Denied


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


ex-EOCN, USN
Docket No. ND02-00842

Applicant’s Request
The application for discharge review, received 020529, 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.

Decision

A documentary discharge review was conducted in Washington, D.C. on 030228. 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).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues, as submitted

1. For over 6 years I was an outstanding petty officer 3 rd class in the Seabees. After I got married in 1996 I started to have debt problems. The military tells you to take care of your family and all other debts that you may have, after I separated from my wife and step son I was still responsible to pay for there housing, food, care payment, pus my own and this was very hard to do all of this with out being late on payments. It has been very hard to find work with a discharge of other than honorable, I am trying to enroll in college and for me to be able to get state aid for vets my discharge needs to be upgraded.
I feel that I am being punished for all these little mistakes that I made.
2. I would like, at this time, to request a review of my military discharge to Honorable. This upgrade will enable my pursuit of further education and ability to improve my standard of living. Enclosed is a completed copy of my DD293. With completion of my dissolution of marriage, my present discharge status impacts my right to Life, Liberty and the pursuit of Happiness. I would like to say to you at this time that i did make some mistakes while i was in the navy, but being in debt is apart of every day life for civilians and military personnel every where. I was in the navy 6 years before I started to have some trouble, and in them six years I loved my work and getting to see the world. I think my evals will give some light on what type of person I am. I would like to thank you at this time for looking at my records and maybe giving me a second chance.
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Notice of certification
Certificate of completion dated September 4 - January 9, 2002
 Certificate of completion dated November 10-11, 2000
 HeartSaver AED card from American Heart Association
Eldred Volunteer Fire Department card

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     910821 - 920712  COG
          Active: USN                        920713 - 970202  HON
Period of Service Under Review :
Date of Enlistment: 970203               Date of Discharge: 990210

 Length of Service (years, months, days):
         Active: 02 00 08
          Inactive: None
Age at Entry: 22                          Years Contracted: 3

 Education Level: 12                        AFQT: 47
Highest Rate: EO3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF*                 Behavior: NMF             OTA: NMF
Military Decorations: None

 Unit/Campaign/Service Awards: JMU (2), HSM (2), CGSOR, SSDR (3), GCM, NER (2), NDSM
Days of Unauthorized Absence: None

 *No Marks Found in the service record.
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 :

980706:  Retention Warning: Advised of deficiency (Violation of UCMJ, Art. 134 (GENERAL) Member has received several counselings on his failure to maintain sufficient funds to pay his indebtedness to different institutions: Navy Exchange, Global Telecommunication System, LTD and AAFES), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

981130:  NJP for violation of UCMJ, Article 92: Failure to obey order or regulation on 980529, to wit: failing to provide receipts showing his selective reenlistment bonus was used to pay off his indebtedness, violation of UCMJ, Article 134: Dishonorably failing to pay just debts.
         Award: Forfeiture of $716.85 per month for 2 months, restriction for 60 days, reduction to EOCN. Forfeiture and reduction suspended for 6 months. No indication of appeal in the record.
990114:  Vacate suspended forfeiture of 716.85 for 2 months and reduction to EOCN.
990114:  NJP for violation of UCMJ, Article 92: Failure to obey order or regulation by failing to pay just debts, violation of UCMJ, Article 134: Check, worthless, making and uttering - by dishonorably failing to maintain funds on 981021.
         Award: Forfeiture of $637.35 per month for 1 month, restriction for 45 days. No indication of appeal in the record.
990114:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.
990114:  Applicant advised of 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.

990125:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.
990125:  Chief of Naval Education and Training 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 990210 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. 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 two occasions and an adverse counseling entry on another occasion. The Applicant’s conduct, 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. An upgrade would be inappropriate. Relief denied.
Issue 2. The Board’s charter limits its review to a determination on the propriety and equity of the 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 or enhancing employment opportunities and this issue does not serve to provide a foundation upon which the Board can grant relief. Relief 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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