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NAVY | DRB | 2002_Navy | ND02-01109
Original file (ND02-01109.rtf) Auto-classification: Denied


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

ex-HN, USN
Docket No. ND02-01109

Applicant’s Request
The application for discharge review, received 020801, 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/IN LIEU OF TRIAL BY COURT MARTIAL, authority: NAVMILPERSMAN, Article 3630650.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

 1. Dear Sirs:

I am writing to you as a plea to have my discharge from the Navy changed from "Other Than Honorable" to an "Honorable" status.

I am ashamed of the choices I once made and have tried to lead an exemplary life since being discharged from the Navy. I have made full restitution for my mistake and hope you will take this into consideration. I have enclosed several documents in hopes to convince you I am worthy of a change to an HONORABLE discharge.

As I approach being thirty years old I have found that a missing piece of my life has always been not being able to forgive myself for the trouble I caused for not making the right decision. I now know I cannot change the past but I can change the direction of my future.

I am hoping to start school soon to become a Registered Nurse. In Florida, where I live, there is a huge shortage of nurses, I know I would make a great nurse and being a Hospital Corpsman in the Navy helped me make that decision. I need your help in order to obtain Veteran benefits to pay for school.

I am begging for your consideration.

Respectfully,
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Credit Report from Equifax Credit Information Services dated April 22, 2002
Certificate of excellence
Certificate of graduation, dated September 4, 1992
Certificate of instruction, dated October 20, 1992
Certificate of instruction, dated October 4, 1993
Certificate of instruction, dated November 15-23, 1993
Letter of appreciation, dated May 9, 1994
Letter of appreciation, dated July 5, 1994
Thank you and appreciation letter, dated May 3, 1994
Letter of appreciation, dated April 15, 1994
Letter of commendation, dated February 28, 1994
Resumé

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     910715 - 920301  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 920302               Date of Discharge: 950726

 Length of Service (years, months, days):

         Active: 03 04 25
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 66

 Highest Rate: HN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.45 (4)    Behavior: 2.90 (4)                OTA: 3.40

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: None

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

UNDER OTHER THAN HONORABLE CONDITIONS/IN LIEU OF TRIAL BY COURT MARTIAL, authority: NAVMILPERSMAN, Article 3630650.

 Chronological Listing of Significant Service Events :

930217:  NJP for violation of UCMJ, Article 134 (2 specs): Violation of Federal Statue 5 U.S.C. 552a. on 930106 and 930118
         Award: Extra duty for 30 days, reduction to HR. Reduction suspended for 6 months. No indication of appeal in the record.
950606:  Applicant requested an administrative discharge under other than honorable conditions in lieu of a trial by court-martial. She consulted with counsel and was fully advised of the implications of her request. The Applicant stated she understood the elements of the offense(s) with which she was charged, and admitted she was guilty of all the charges preferred against her. Specifically, she admitted to violating UCMJ, Article 123 and 134. The Applicant stated she was completely satisfied with the counsel she had received. The Applicant understood that if discharged under other than honorable conditions, it might deprive her of virtually all veteran’s benefits based upon her current enlistment, and that she might expect to encounter substantial prejudice in civilian life in situations wherein the type of service rendered or the character of discharge received therefrom may have a bearing.

950614:  Medical Examination: Psychiatric evaluation in not warranted. Applicant is physically qualified for discharge.

950623:  The Commanding Officer, exercising GCMCA, approved the request for an administrative separation in lieu of a trial by court-martial, and directed Applicant’s discharge.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 950726 under other than honorable conditions in lieu of a trial by court-martial (A and B). The Board presumed regularity in the conduct of governmental affairs (C). 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 (D and E).

In the Applicant’s case, the Board could discern no impropriety or inequity and therefore considered the Applicant’s discharge proper and equitable . A characterization of service of under other than honorable conditions is warranted when the service member’s conduct constitutes a significant departure from that expected of a sailor. The record is void of any evidence the Applicant was not responsible for her conduct or that she should not be held accountable for her actions. The Applicant’s service record is marred by violation of a Federal statue and forgery, thus substantiating the misconduct for which she was separated. The Applicant’s summary of service clearly reflects the Applicant’s disobedience of the orders and directives that regulate good order and discipline in the naval service, and demonstrated she was unsuitable for further service. An upgrade to honorable would be inappropriate. Relief denied.
The Veterans Administration determines eligibility for post-service benefits not the Navy Discharge Review Board (NDRB). There is no requirement or law that grants recharacterization solely on the issue of obtaining Veteran’s benefits and this issue does not serve to provide foundation upon which the Board can grant relief. Relief is therefore denied.

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. At this time, the Applicant has not provided sufficient verifiable documentation of good character and conduct to mitigate her misconduct while on active duty. 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 9, effective
22 Jul 94 until 2 Oct 96, Article 3630650, PROCEDURES FOR PROCESSING ENLISTED PERSONNEL FOR SEPARATION IN LIEU OF TRIAL BY COURTMARTIAL.

B. A punitive bad conduct discharge may be adjudged for violation of the Uniform Code of Military Justice, Article [123, forgery] upon conviction by a Special or General Court-Martial, in accordance with the Manual for Courts-Martial].

C. 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.

D. 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.

E. 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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