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NAVY | DRB | 2003_Navy | ND03-00253
Original file (ND03-00253.rtf) Auto-classification: Denied


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

ex-DCFA, USNR
Docket No. ND03-00253

Applicant’s Request
The application for discharge review, received 20021203, 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 20031017. 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 OTHER THAN HONORABLE CONDITIONS/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-140 (formerly 3630600).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

1. “I am the son and the grandson of veterans. I served four years in the Navy. I always thought that I could obtain Home loan and for education after my service. I did not. I have spent close to $10,000 to go to school for which I obtained an Emergency Medical Technician License. I have maintained employment at all times since my departure from the Navy. I am currently in the process of attending the Orlando Five Academy-Orlando, Florida. My spouse is also employed and we have two (2) children and one (1) of her prior marriage. The father of the oldest child, a veteran, abandoned him and provides no support or assistance. I provide for said child all support. My family depends on my income and as a father now, my priorities as well as responsibilities have drastically changed.

To my surprise no credit is being given to my training while in the Navy and as such I have had to start over and now with a family of my own.

A change of my discharge to honorable would not only allow me to continue schooling but also provide benefits which my family needs including a home which we do not have and which vent we pay at the rate of $1,200.00 per month.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Member 1) (2 copies)
Certificate of birth, dated June 22, 1994
Certificate of birth, dated August 9, 2002
Certificate of birth, dated May 21, 2001
Stepparent adoption papers, dated August 31, 2000 (2 pages)
Emergency Medical Technician card, issued June 12, 2001
Firefighter Pre-Application form, dated August 7, 2002 (4 pages)
Letter from Broward Fire Academy
Forty-five pages from Applicant’s service
Certificate of completion, dated June 13, 2002
Certificate of completion, dated June 13, 2002
Certificate of completion, dated June 13, 2002
Certificate of completion, dated June 13, 2002
Certificate of completion, dated June 13, 2002
Certificate of completion, dated June 13, 2002
Certificate of completion, dated December 9, 2001
Certificate of completion, dated June 23, 2001

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: None
         Active: None

 Period of Service Under Review :
Date of Enlistment: 19940104             Date of Discharge: 19981028

 Length of Service (years, months, days):

         Active: 04 06 09
         Inactive: 00 03 15

 Age at Entry: 20                          Years Contracted: 8

 Education Level: 12                        AFQT: 32

 Highest Rate: DC3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF                           Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: GCM, AFSM, SSDR, NDSM

 Days of Unauthorized Absence: 38

 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 :

980311:  Applicant to unauthorized absence 0730, 980311.

980319:  Applicant from unauthorized absence 0745, 980319 (8 days/surrendered).

 980325:  NJP for violation of UCMJ, Article 86: Unauthorized absence, violation of UCMJ, Article 90: Willfully disobey a superior commissioned officer, violation of UCMJ, Article 91: Insubordinate conduct toward a noncommissioned officer, violation of UCMJ, Article 92: Failure to obey a order or regulation.
         Award: Forfeiture of $568 per month for 2 months, restriction and extra duty for 45 days, reduction to DCFN. Forfeiture suspended for 6 months. No indication of appeal in the record.
980822:  Applicant to unauthorized absence 1200, 980822.

980822:  Applicant missed ship’s movement.

980921:  Applicant from unauthorized absence 2120, 980921 (30 days/surrendered).

 980922:  NJP for violation of UCMJ, Article 86: Unauthorized absence, violation of UCMJ, Article 87: Missing ship’s movement.
         Award: Forfeiture of $519 per month for 2 months, restriction and extra duty for 45 days, reduction to DCFA. No indication of appeal in the record.

981028:  DD Form 214: Applicant discharged under other than honorable conditions by reason of misconduct due to a pattern of misconduct, authority: NAVMILPERSMAN, Article 1910-140.

Discharge package missing from service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19981028 under other than honorable conditions for misconduct due to a pattern of misconduct (A), as shown on the Applicant’s DD Form 214, block 26. The Applicant’s discharge package was unavailable for review, therefore, 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 Applicant states that he thought he could obtain a home loan and receive education benefits. He has maintained employment, is a father of 2 children, and wants to continue his education and provide benefits for his family, to include a home.

Continuing your education and/or obtaining a home loan (or other benefits) are not grounds for which the Board will grant relief. The Department of Veterans Affairs (VA) determines eligibility for educational benefits and home loans. The Applicant will have to contact the VA to resolve those specific issues. Relief denied.

 Normally, to permit relief, an error or inequity must have occurred during the execution of the discharge for the period of enlistment in question. No errors or inequities were identified on the execution of the Applicants discharge. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge. However, 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 the civilian life subsequent to leaving the service. Outstanding post-service conduct, 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 can be considered. Examples of documentation to forward to the Board include proof of educational pursuits, verifiable employment record(s), documentation of community service, certification of non-involvement with civil authorities, and credible evidence of a substance free lifestyle (if appropriate). At this time, the applicant has not provided sufficient documentation for the Board to consider. Therefore, relief will not be granted.
The applicant is reminded that he is eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge. The applicant can provide additional documentation to support any claims of post-service accomplishments at that time. Representation at 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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