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NAVY | DRB | 2003_Navy | ND03-00470
Original file (ND03-00470.rtf) Auto-classification: Denied


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

ex-RMSR, USN
Docket No. ND03-00470

Applicant’s Request
The application for discharge review was received on 20030203. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a documentary record discharge review. The Applicant did not designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20031229. 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: GENERAL (UNDER HONORABLE CONDITIONS)/COMPLETION OF REQUIRED ACTIVE SERVICE, authority: NAVMILPERSMAN, Article 3620150.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

1. “ I do not wholly agree with the nature of my discharge from active duty. I do respectfully request an upgrade from General to Honorable, which may allow me to take advantage of my G.I. Bill privileges I had funds put toward the G.I. Bill for the first year of my enlistment in order to participate in the program. I am currently attending Universal Technical Institute (UTI) as part of a career change brought on by a recent layoff from my job of 8 years in telecommunications.

I appreciate your time, and await your decision.”
Documentation
Only the Applicant’s service and medical records were reviewed, as the Applicant did not provide any documentation for the Board to consider.

PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     900207 - 900402  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 900403               Date of Discharge: 940409

 Length of Service (years, months, days):

         Active: 04 00 07 (Doesn’t exclude lost time.)
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

Education Level: GED              AFQT: 53

 Highest Rate: RMSA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF*        Behavior: 2.8 (1)                 OTA: NMF*

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, KLM, NUC, CAR, SSDR(2), SWASSM(w/3 Bronze Stars), Battle “E” Ribbon

 Days of Unauthorized Absence: 4

*No Marks Found in service record.

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

GENERAL (UNDER HONORABLE CONDITIONS)/COMPLETION OF REQUIRED ACTIVE SERVICE, authority: NAVMILPERSMAN, Article 3620150.

 Chronological Listing of Significant Service Events :

900920:  NJP for violation of UCMJ, Article 86: On or about 90AUG31, without authority absent himself from his assigned place of duty, to wit: Roving Patrol Watch and remain as absence throughout his duty day..
         Award: Forfeiture of $168 per month for 1 month and extra duty for 7 days. No indication of appeal in the record.
920601:  Unauthorized absence over regular liberty from USS PAUL F FOSTER (DD 964) from 0500. Intentions unknown.
920604:  Surrendered onboard 1700, 94JUN04 (4 days).

920626:  NJP for violation of UCMJ, Article 86: Unauthorized absence; violation of UCMJ Article 87: Missing ship’s movement (2 specs).
         Award: Forfeiture of $440 per month for 1 month, restriction and extra duty for 45 days, reduction to E-1. No indication of appeal in the record.

920825:  DARR: Command directed urinalysis, date of incident – 92JUL22, ashore – off duty, tested positive for LSD. Poor work performance, not recommended for retention.

931118:  Retention Warning: Advised of deficiency (violation of UCMJ, Article 134, disorderly conduct which result in OIC’s NJP 93NOV18), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

940409:  Applicant discharged with a General (Under Honorable Conditions) by reason of completion of required active service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19940409 with a characterization of General (Under Honorable Conditions) by reason of completion of required active service (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 Board found that in the Applicant’s case, the characterization of service was the “type warranted by service record.” The Applicants service record is marred by unauthorized absence and illegal drug use. A review of the Applicant’s records indicated a general (under honorable) discharge was warranted. Additionally, t he Board has no authority to upgrade a discharge for the sole purpose of enhancing educational opportunities as requested in the issue. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge. In the Applicant’s case, the Board could discern no impropriety or inequity which warrants an upgrade to the characterization of service. Relief 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, a drug-free lifestyle, and certification of community service and non-involvement with civil authorities are examples of verifiable proof that can be submitted.

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. The Naval Military Personnel Manual, (NAVPERS 15560C) Change 5, effective 05 Mar 93 until 21 Jul 94, Article 3620150, SEPARATION OF ENLISTED PERSONNEL BY REASON OF EXPIRATION OF ENLISTMENT, FULFILLMENT OF SERVICE OBLIGATION, OR EXPIRATION OF TOUR OF ACTIVE SERVICE .

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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