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NAVY | DRB | 2002_Navy | ND02-01080
Original file (ND02-01080.rtf) Auto-classification: Denied


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

ex-HN, USN
Docket No. ND02-01080

Applicant’s Request
The application for discharge review, received 020723, 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 030424. 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/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910 - 142 (formerly 3630605).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. My discharge was inequitable because it was based on an isolated incident in a 3 month period of service with no other significant problems before this time/incident.

2. My discharge was inequitable due to my rights for a discharge review board to be available to me.

3. I feel my service record and accomplishments out way the 3 month of dishonorable service and should be taken into account.

4. I feel an upgrade is a fair request considering my overall Honorable service and accomplishments outside of of 3 months.

5. Family support and rehabilitation of my life as a result of my discharge and 3 months of dishonorable service.

6. A review of my service record will only prove an above average naval career and accomplishments.

 7. I entered the United States Navy on 21 March 1995 as an E-1 through the Columbus, Ohio Meps station. Prior to boot camp I received a promotion to E-2 for recruitment of another individual to join the USN. I attended boot camp in Great Lakes, IL from March 21, 1995- May 26, 1995. Prior to graduation I lost my A-school that I originally joined for and was placed in TPU on NTC Great Lakes. While at TPU I picked up Hospital Corpsman A-school and began training on June 22, 1995.

I graduated Corp School 29 SEP 95 and was given my first Duty station at NAVHOSP Great Lakes on the 12N Surgical Ward. I made the best of my time as a night worker by completing correspondence courses during the hours our patients slept. I attended all training courses approved by my chain of command and college courses on my off duty time. I also used my off duty time to attend advancement classes, complete all my BMR's, PARS, and volunteered in the community.

I then transferred to BMC 1523 to work as an in-processing HM for recruit training and as a Female Wellness Instructor. This was another chance for me to excel in the corpsman rating and take advantage by learning how to administer pap smears and educate recruits on STD'S.

I began looking for more of a challenge so I requested a department change, which landed me in Hospital Security. In this job I worked along side Petty Officers from E-4 to E-6. Being the low man on the totem poll as an E-3, I became as much as an equal in my job as the Naval rating structure would allow me. I gained respect from my peers and became a Petty Officer Third Class. My Naval Career was off to a great start.

Due to my success and all my achievements in my career, my husband felt left out. He wanted to start a family. I began seeking medical advice. I was Dx as infertile and placed on infertility drugs. Cycle after cycle I began to have physical discomfort. Cysts were beginning to grow from the high level of medication I was on. This led to surgery in April 1998. This impacted my marriage. Trying to keep my top priorities in order, my marriage and career, I selected orders for Rota, Spain. I had a ridiculous idea that I would have time to repair our marriage and my career could continue to grow.

Prior to arriving in Spain I was required to under go Field Medical School in Camp Lejuene, North Carolina. I was to report for extensive training in July 1998 only months after my surgery against medical advice. My career became my number one priority again as I began training for FMS by conditioning myself day and night. Despite all that my husband and I were going through, I completed FMS damaging my chances of every getting pregnant naturally.

October 1998, I left for Rota Spain without any ideas of how my life would change. The first problem I encountered overseas was employment for my spouse due to the ratio of jobs available for Americans verses Spanish Nationals. This impacted his attitude and put a burden on our relationship. I became an individual with two identities. In my uniform I would become and above average HM with high expectations and accomplishments that were unstoppable. I would attend College, volunteer for command functions and take on all tasks as they came to me. My other identity no one knew.

Outside my military career, I put up with being stranded without a car, left without any money and verbally as well as physically abused. I felt all-alone and rarely hung at with friends unless it was a school or command function. I began to mask my problems. Probably to good that I adventually believed that things would get better.

My husband talked me into following up on the chance of undergoing treatment for infertility. I thought that this was the cause of our problems and I agreed to see if the command would allow me the opportunity to seek medical attention. In June 2000 I was given the opportunity to be seen at Walter Reed for IVF treatment. I was told with the damage to my Fallopian tubes would keep me from becoming pregnant naturally. My husband had other ideas for the trip, which lead to a desire for money. He obtained some documents and pressed me to go along with him. I went along for fear of him.

I was later introduced to a program offered in London, England and was granted TAD in October 2000, to under go IVF. I thought if I could get pregnant all of the abuse would stop...that was just insane. While I was absent from my command, my husband began stealing from the command NEX, he also committed adultery. Upon return to my command after a cycle of IVF, I was placed in SIQ for 5 days. I allowed my husband to handle my claims paper work and return it to my command for liquidation. Again that was my mistake given him access to these documents. He made changes to cause me more problems.

Upon my return to work I was questioned about my TAD trips in June 00 and Oct 00 and I took responsibility for all the discrepancies. When I became aware of the seriousness and returned to my quarters my husband only laughed and replied I told you I could destroy you. He did he took my career and suitability.

I confided in my LPO which landed me in the safe haven program and that's where I spent my remaining 3 months in Rota, Spain. The command wanted to remove my husband from the command ASAP so they gave him full rights to all of the belongings in our base residence. This included all furnishings, a car, and a motorcycle that I paid for while in Spain. I was left with the things he didn't want. When my liquidation was complete on my second TAD, which was to pay for my Travel card, he removed all the money from our account. Prior to this I requested his removal from the account, the bank would not allow this to be done without his consent.

I was then facing CO mast and was told I would not receive a Discharge Review Board. I was told that I would receive whatever the CO found fit. I went along with it. While preparing for CO Mast I received my College Degree and was informed of my selection for Dental Hygienist program in which was taken from me. I was an early promote sailor with alot of respect. All that was taken from me.

I feel robbed. My discharge was based on a 3-month time frame from my 6 plus years of service. I have a number of letters of COM's, Outstanding Volunteer service medal I was nominated for Volunteer of the Year, and I have one honorable discharge. Enclosed are Documents that I feel support my service was Honorable with exception of 3 months. I plead for an upgrade from OTH to Honorable/General.

Since my discharge I have been divorced, continued my education, and have excelled as a person in the medical/dental field. Although my career goals have changed from a Naval career I have rehabilitated myself and hold myself accountable for all actions. I thank you for your time and will wait for your decision.
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant's DD Form 214 (Member 1)
Letter from Applicant's mother, dated July 2 2002
Letter from Applicant's sister, undated
Certificate of promotion, dated July 6, 1995
Certificate of graduation, dated September 29, 1995
Letter of Appreciation, dated February 23, 1996
Certificate of training, dated February 26 - March 1, 1996
Hospital Corpsman personnel advancement requirements (3 pages)
Letter of Commendation
Certificate of completion, dated October 24, 1996
Certificate of training, dated January 27, 1997
Letter of Appreciation, dated March 6, 1997
Nomination form for Sailor of the Month (2 pages)
Certificate of training, dated October 8, 1997
Certificate of completion, dated February 3-5, 1998
Certificate of appointment, dated June 16, 1998
Good Conduct Award, dated March 20, 1998
Certificate of completion, dated October 9, 1998
Honorable discharge certificate, dated December 17, 1998
Letter from Commanding Officer appointing Applicant as a volunteer Sexual Assault Victim Intervention (SAVI) advocate, dated February 26, 1999
Certificate of completion, dated April 15, 1999
Letter of Appreciation, dated July 2, 1999
Letter of recommendation, dated August 18, 1999
Certificate for outstanding sponsor award dated July 1999
Letter from Commanding Officer, dated September 10, 1999
Letter of recommendation, dated August 17, 1999
Letter of recommendation, dated August 2, 1999
Letter of recommendation, dated September 2, 1999
Blue Jacket of the Quarter letter, dated March 5, 2000
Blue Jacket of the Quarter letter, dated March 29, 2000 (3 pages)
Letter of commendation
Certificate of volunteer appreciation for April 1999 to March 2000, dated April 19, 2000
Volunteer appreciation luncheon letter, dated April 4, 2000
Certificate of completion, dated May 23, 2000
Letter from Commanding Officer, dated May 11, 2000
Letter from Commanding Officer, dated June 1, 2000
Letter from Commanding Officer, dated September 15, 2000
Letter from UMUC, Maryland in Europe, dated October 16, 2000
Letter from Applicant, dated January 29, 2003
Decree of divorce dated May 16, 2002
Appraisal, dated October 2, 2002
Appraisal, dated August 2002
American School of Technology, Medical Law and Ethics Segment evaluation, dated January 23, 2003
American School of Technology, Keyboarding I Segment evaluation, dated January 23
Certificate of completion, dated January 24, 2003
Certificate of completion, dated January 24, 2003
Certificate of completion, dated January 24, 2003
Certificate of completion, dated August 24, 2001
Certificate of completion, dated June 19, 2001

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     950217 - 950320  COG
         Active: USN               950321 - 981217  HON

 Period of Service Under Review :
Date of Enlistment: 981218               Date of Discharge: 010328

 Length of Service (years, months, days):

         Active: 02 03 11
         Inactive: None

 Age at Entry: 23                          Years Contracted: 3

 Education Level: 12                        AFQT: 63

 Highest Rate: HM3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF                  Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: OSR (2), GCM (2), NDSM, MUC

 Days of Unauthorized Absence: None

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

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

 Chronological Listing of Significant Service Events :

010131:  NJP for violation of UCMJ, Article 80: Attempted larceny on 001115, to wit: attempt to steal $451.51, military property, violation of UCMJ Article 92: Dereliction of duty between July 2000 and November 2000, to wit: willfully failed to use Nations Bank government card for official travel related expenses only, violation of UCMJ, Article 121: Larceny of $3,088.00 on 000828, to wit: military property.
         Award: Extra duty for 45 days, reduction to E-3. No indication of appeal in the record.
010201:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.
010201:          Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
010213:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense. Commanding Officer’s comments (verbatim): On 31 January 2001, Hospitalman (Applicant) was the subject of Captain's Mast for UCMJ Articles 80 (Attempted Larceny), 92 (Dereliction of Duty), and 121 (Larceny). HN (Applicant) pled guilty to being derelict in her duties in regard to the improper use of her NationsBank Government Card while on travel in Washington D.C., and London, and while stationed in Rota, Spain. She also pled guilty to attempting to defraud the government of $450.00 by submitting false lodging receipts with her travel claim last fall. Additionally, she pled guilty to defrauding the government of over $3,000.00 through similar means for a separate travel claim last summer. HN (Applicant) in enclosure (6) requested the characterization of her discharge to be "General Under Honorable Conditions." I gave much thought to her request; however, many good sailors have the same temptations to steal from the government, but they choose to honor Navy Core Values. She does not possess potential for further Naval service and I recommend discharge with a characterization of under "Other Than Honorable Conditions."

010216:  Commander, Fleet Air Mediterranean directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 010328 under other than 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, 3-4, 6-7: The Board noted the Applicant’s continuous honorable service from March 21, 1995 to December 17, 1998. The Applicant reenlisted on December 18, 1998 for three years and this is the enlistment period under review by the Board. The Applicant claims that her discharge is inequitable because it was based on an isolated incident in a 3 months period of service with no other significant problems before this time/incident. Unfortunately, the Applicant’s otherwise outstanding service is marred by the award of non-judicial punishment (NJP), during the enlistment period under review, where the Applicant was charged with dereliction of duty, attempted larceny, and larceny. The Applicant pled guilty to all charges. Even though the Applicant had a very good record prior to her misconduct, the Board found the Applicant’s service record devoid of any mitigating or extenuating factors sufficient to offset the seriousness of the offenses for which she was discharged. Relief denied.

Issue 2: The Applicant’s conduct, which forms the primary basis for determining the character of her service, reflects her willful disobedience of the orders and directives that regulate good order and discipline in the naval service, and falls short of that required for an honorable characterization of service. The Applicant elected not to consult with legal counsel when offered, she also elected to waive all of the rights accorded to her, as documented in the Applicant’s summary of service, which included the right to contest the characterization of service at an administrative hearing. Under other than honorable conditions most clearly describes the Applicant’s character of service for the enlistment period under review. The Board determined the Applicant’s discharge proper and equitable as processed. Relief denied.

Issue 5: T here 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, a positive employment record, documentation of community service, and certification of non-involvement with civil authorities, are examples of verifiable documents that should be provided to receive consideration for relief, based on post-service conduct. The Applicant claims that she has rehabilitated her life as a result of her discharge, however, after a complete review of the record, including the evidence submitted by the Applicant, the Board determined that the Applicant’s discharge was proper and equitable and that her evidence of post service accomplishments was found not to mitigate the misconduct for which she was discharged. Relief denied.

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of 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 21 Aug 02, 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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