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NAVY | DRB | 2003_Navy | ND03-00166
Original file (ND03-00166.rtf) Auto-classification: Denied


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

ex-ITSR, USN
Docket No. ND03-00166

Applicant’s Request
The application for discharge review, received 20021107, 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 20031003. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB. The Board’s vote was unanimous that the character of the discharge shall not change. The discharge shall remain: UNDER HONORABLE CONDITIONS (GENERAL)/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-140 (formerly 3630600).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

1. “I am writing this letter to change my current discharge from a General Under Honorable to an Honorable discharge. I know that my records will be reviewed carefully to determine whether my request will be granted or denied. I know that I made mistakes while I was in an “Active Duty Status”, I am however, aware that those instances will have an impact on any decision that is made in this matter. I am not going to make excuses about my past behavior in the military. I was wrong to behave the way I did and I paid the price and learned a hard lesson. When I joined the USN I did it so I could go to college and better myself and my family. I was not aware that upon my discharge that I would not be eligible for any of the benefits that I had originally joined the military to receive. It was later brought to my attention after I had gone to the Veterans Affairs Office in San Diego, CA. I have done many things since leaving the military. The one thing I want to do I cannot. I cannot afford to go to school and take care of my 2 year old son and work a job. I want so desperately to give my son more than what I had as a child. I want my son to know that hard work does not go unrecorded.
So in conclusion I am respectfully requesting this board to grant my request to have my discharge upgraded to Honorable. I appreciate the time and effort that is being put forth into this decision. I thank everyone involved for their time and consideration. The decision that you will make will determine whether or not I will be able to further educate myself and allow me to provide a higher standard of living for my family. Education is the key to opening opportunity. Please grant my dream. A dream to be a better me. I have learned from my past mistakes and I know that school is the only way I can be more than a minimum wage mom that strives for something better. Whatever decision is made I respect it. I look forward to hearing a response to my request. I know that many people submit similar requests everyday. I know this will be a long process. I understand that you are the decision makers and that making decisions takes time. My return address is listed below. I want to take the time to thank you again for your time and consideration. Best Regards,”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     970110 - 970127  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 970128               Date of Discharge: 991222

 Length of Service (years, months, days):

         Active: 02 10 25
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

 Education Level: 12                        AFQT: 61

 Highest Rate: RMSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (2)    Behavior: 2.00 (2)                OTA: 2.67

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR, AFEM, NUC

 Days of Unauthorized Absence: 27

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

UNDER HONORABLE CONDITIONS (GENERAL)/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-140 (formerly 3630600).

 Chronological Listing of Significant Service Events :

990623:  NJP for violation of UCMJ, Article 91: Contempt or disrespect toward a petty officer on 990409, violation of UCMJ, Article 107: False official statement on 990409.
         Award: Restriction and extra duty for 45 days, reduction to RMSA. No indication of appeal in the record.
991008:  Applicant to unauthorized absence 0730, 991008.

991014:  Applicant from unauthorized absence 0730, 991014 (6 days/surrendered).

991117:  Applicant to unauthorized absence 0730, 991117.

 991208:  Applicant from unauthorized absence 0730, 991208 (21 days/surrendered).
991208:  NJP for violation of UCMJ, Article 86: Absence without leave, violation of UCMJ, Article 92: Failure to obey a lawful order or regulation.
         Award: Restriction for 30 days, reduction to RMSR. Reduction suspended for 6 months. No indication of appeal in the record.

991222:  DD Form 214: Applicant discharged under honorable conditions (general) by reason of misconduct due to a pattern of misconduct, authority: NAVMILPERSMAN, Article 1910-140.

The discharge package is missing from service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19991222 under honorable conditions (general) 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. 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 two occasions. The Applicant’s conduct, which forms the primary basis for determining the character of service, reflects her 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 to honorable would be inappropriate. Relief denied.

The Applicant’s discharge characterization accurately reflects her service to her country. 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 denied.

The Applicant is reminded that she remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of her 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 21 Aug 2002, 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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