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NAVY | DRB | 2002_Navy | ND02-01194
Original file (ND02-01194.rtf) Auto-classification: Denied


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

ex-AR, USN
Docket No. ND02-01194

Applicant’s Request
The application for discharge review, received 020821, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed. The Applicant requested a personal appearance hearing before the Board in the Washington National Capital Region. The Applicant did not list any representative on the DD Form 293. In the acknowledgement letter to the Applicant, the Applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing.

 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 HONORABLE CONDITIONS (GENERAL)/ALIEN, authority: NAVMILPERSMAN, Article 3620200.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1. To Whom It May Concern:

I (Applicant) respectfully request a change in discharge status from the United States Navy, based on sudden hardships this service member had endured while and leading up to the sudden and misguided advice received, which ultimately lead to a premature departure. This serviceman, while stationed on the USS Ogden LDD-5 home based in San-Diego California was subjected to harsh and unfair treatment. I would like to proceed with a series of events, which I believe ultimately lead to my early separation from the military: This serviceman joined the United States Navy on the 05 September 1991, with the understanding that job while in the Navy would be in the Electronics Field. This decision was primarily based on continuing education in the Electronics field which I received an Associates Degree In Electronics from the Devry Institute of technology. My recruiter signed me up for the Navy electronics program, with a lot of promises this would be the best program for my development in the Electronics field. Upon entering Recruit Training Command in Orlando Florida, this serviceman was convinced that I had a seat in the Navy Electronics program. This all came to a sudden change while in basic training, around the time when everyone of the recruits meet with their career counselors for the first time. Well I must say my visit with my career counselor was no picnic, he advised me that I would not be eligible for the electronics program based on my STATUS in the United States of America. At which time I was a permanent resident/ Green Card Holder. I must say I was shocked and disappointed of the news, and I told him I had been living in the United States of America for over 10 years, my career counselor told me I had to be a US Citizen to enter into the Electronics program. Well I told him I probably would not have joined the Military at the time I did if I knew now what he just told me, I would have waited and then would have come in as a United States Citizen, where I would not be EXCLUDED from any programs which I had qualified for. This serviceman reluctantly chose the Aviation Field, not aware of some rights I later came to learn about the military. I was then completed my basic training and the sent to my duty station in Long Beach California aboard the USS Ogden LPD-5. While serving on the USS Ogden I had a family emergency while anchored in the San-Diego California. I later received a message from the Red Cross, stating my Father and suffered a stroke and was gravely ill in the hospital in Miami Florida and he requested my presence at his side. Well it took about 2 days for my command to grant me the time off to tend to my father while in the hospital. At the time I requested leave I had over 3 weeks of accumulated vacation time. I was granted a few days to go and be with my father. This time amounted to about 7 days, during which time my Father a young man took a turn for the worst and subsequently died. At which time this serviceman notified his Duty Station LT V_ C_ of the events and I requested a 3day extension on my emergency leave to take care of burying my Father. This serviceman Father's wishes was for him to be buried in his home country of Jamaica, so to honor his wishes I had his body flow to Jamaica where he was later buried. Once I was back in the United States I had approximately 1 1/2 left on my approved time on leave. This serviceman was made aware by my family members that I need to take some more time to wrap up my Fathers positions and property and gather all his assets and slew of things that needed my attention. This obviously could not be done with the time I had left on leave. So I called my command and requested more time to take care of this family crisis, and was subsequently denied by my duty station LT. C_. He told me I had to be back onboard no later than my requested extension time. I then notified the red cross of my intentions of extending my vacation for an extra 3 days to wrap up my Fathers business and personal assets and the told me they would handle it, due to the fact they were the one that facilitated my original leave from my command to come and be with my father. Needless to say when I returned to my command from EMERGENCY LEAVE, I was placed on immediate base restriction and subsequently brought before the captain in Captain's Mass. Which I was found guilty and was restricted to the Ship and loss wages. Needles to say this serviceman felt abused for the decision of my command, based on the mitigating circumstances leading up to my ill-advised decision to separate all tie from the military. This Serviceman was very close to his Father Morally and looked up to him in every way a son could love his father. And to think I had undergone such a tragic loss of a family member and then upon return to my Command and be punished for the loss!! Was more than anyone can be expected to handle. This serviceman could no longer mentally stay focused on his commitment to the United States Navy and requested an early out from "BUPERS" because I could no longer function based on the above circumstances regarding my father. I was denied the request for early out that was being offered at the time of my request. I then seek the advice of the ships Chaplain, Chaplain B_ to provide me with some advice and assistance, which ultimately was not provided. This serviceman was approached by a fellow shipmate who was aware of my situation and whose job was in the admin department of the Navy, told me I can request to be discharged from the military based on the fact I was not a United States Citizen. Well never the less, after all have gone thru, this was my last chance to get out of the Navy to deal with the immediate Hardship I was going thru. At no time any one in my chain of command advised me of any other choices I could have made, I was just shuffled out the door as if I did not matter. I must say that was a very bad feeling, I love the time I spent in the Navy and the job in which I came to like while I was doing it. Now looking back and if I was a much stronger person to endure all that took place leading up to my departure, I would be there today. I had all the best intentions of staying in the Navy for 20 years, as a goal, and if given the chance I would jump at it today. Given the recent circumstances in the United States in regard to the War on Terrorism I feel somewhat at a lost because I am not a part of the team contributing to the Military efforts. Ultimately, if this panel was to find it there judgment to consider this serviceman circumstances leading to the misguided decisions, and granting him with a favorable ruling allowing this serviceman the opportunity and privilege to complete his original Enlistment and or the opportunity to re-join in the United States Naval Reserve Branch to complete his voluntary service to his country.

Currently this serviceman has reclaimed his life and direction and is currently working in a fortune 500 Company as a Network Engineer in the telecommunications industry I feel my acquired skills and knowledge would help me to play my part in serving my country on the War on Terrorism while completing or serving in some form of government job or service. This serviceman can only complete his dream of serving his country in this and any other time only if my current Military Discharge Status and reasoning behind this status is change or modified to a favorable status, which will not exclude me from any Government jobs which I am now excluded based on my Discharge from the military. This Serviceman DD-214 discharged papers contains errors in regards to time in service. My DD-214 Indicates I was discharged on 25 March 1993. This is an obvious error, which should be considered, due to the fact that my actual Discharge date was on 31 March 1994. Which in fact, if this serviceman had not been under such stress from the above events, I would have completed my end of active duty service 05 September 1995. I am here today pleading my case on behalf of the greater good and continued faith for in this great country to give every person a second chance to prove one self. Sincerely,

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant's DD Form 214 (Member 1 and 4)
Appointment of veterans service organization, dated July 29, 2002
Travel certificate, separation without orders, dated March 21, 1994

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     910604 - 910904  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 910905               Date of Discharge: 940325

 Length of Service (years, months, days):

         Active: 02 06 21
         Inactive: None

 Age at Entry: 22                          Years Contracted: 4

 Education Level: 14                        AFQT: 49

 Highest Rate: AN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (2)             Behavior: 2.70 (2)                OTA: 3.40

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SSDR

 Days of Unauthorized Absence: 7

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

UNDER HONORABLE CONDITIONS (GENERAL)/Alien, authority: NAVMILPERSMAN, Article 3630350.

 Chronological Listing of Significant Service Events :

930505:  NJP for violation of UCMJ, Article 92: Dereliction of duty.
         Award: Restriction and extra duty for 15 days, reduction to AA. No indication of appeal in the record.
931025:  NJP for violation of UCMJ, Article 92: Dereliction of duty.
         Award: Forfeiture of $407.40 per month for 2 months, reduction to AR. No indication of appeal in the record.
931214:  NJP for violation of UCMJ, Article 86: Absence without leave 0700, 931123 until 0710, 931130 (7 days/surrendered).
         Award: Restriction and extra duty for 30 days. No indication of appeal in the record.
940201:  Applicant requested separation from the Navy on the grounds of being an alien.
940311:  BUPERS approved the Applicant's discharge by reason of alien.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 940325 under honorable conditions (general) by reason of alien (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).

 Issue 1. A characterization of service of under honorable conditions (general) is warranted when significant negative aspects of a member's conduct or performance of duty outweigh the positive aspects of the member's military record. T he Applicant’s service was marred by award of nonjudicial punishment (NJP) on three occasions. 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. While he may feel that the his inability to work in the electronics field and his chain of command’s denial of extended emergency leave after his father died were factors that contributed to his actions, the record is devoid of evidence that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions. The Applicant requested separation by reason of his alien status and desire to no longer remain in the Navy. No other narrative reason more clearly describes the circumstances surrounding the Applicant’s processing for administrative separation. An upgrade to honorable would be inappropriate. Relief denied.
Concerning a change in reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces. Neither a less than fully honorable discharge nor an unfavorable “RE” code is, in itself, a bar to reenlistment. A request for waiver is normally done only during the processing of a formal application for enlistment through a recruiter. Relief is therefore denied.

The Applicant’s discharge characterization accurately reflects his service to his country. The discharge was proper and equitable. 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. The Naval Military Personnel Manual, (NAVPERS 15560C, Change 5, effective 5 Mar 93 until 21 Jul 94), Article 3620200, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT.

B . The Naval Military Personnel Manual, (NAVPERS 15560C, Change 5, effective 5 Mar 93 until 21 Jul 94), Article 3620200, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT ON THE BASIS OF BEING AN ALIEN.

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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