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NAVY | DRB | 2003_Navy | ND03-01063
Original file (ND03-01063.rtf) Auto-classification: Denied


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

ex-MMFA, USN
Docket No. ND03-01063

Applicant’s Request
The application for discharge review was received on 20030528. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a documentary record review. The Applicant did not list any representative on the DD Form 293. In the acknowledgement letter, the Applicant was informed that he was approaching the 15 year point for review by this Board and was encouraged to attend a personal appearance hearing in the Washington D. C. area. The Applicant responded that he wanted documentary record review.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040423. 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/Misconduct – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.
PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

“ISSUE 1. I believe my discharge was inequitable because it was based on one isolated incident in 23 months of service with no other adverse action.

ISSUE 2: I am humbly requesting that my Discharge be changed to Honorable as listed in item 3. - served as Master at Arms in Boot camp and had other duties while on my ship, the Saratoga. There were no other problems with my conduct while I was in service.

ISSUE 3: I made a grave error in judgement when I left my ship but as I stated in my letter to the Board Members (Document 1: - Pages 1 and 2), it states the reasons why and what I learned. I truley realize now what a bad decision I made.

ISSUE 4: I have lived an exemplary life after my service. I have obtained hundreds of hours of training (Documents 1 - Entire Packet of certificates). And have had several letters of commendation for the job I have done. (Document 3: - Entire Packet).

 (ISSUE - 5) - Discharge - My military records show a description of the reason for discharge and the manner of discharge. My conduct during service was excellent, discharge was due to one isolated incident. (Explanation in letter to the Board).
Length of Time Since Discharge - It has been over 14 years since my discharge. Thus showing the sufficient opportunity to demonstrate my continuing, positive contributions to society, my community, & my family.

 Record of Employment     - 07/1988 - 04/1995: Loral Vought Corporation (Lockheed Martin Missiles & Defense) - Boiler Operator
- 1991 - 1999: W_’s (Applicant’s) Taxidermy - Home Business
- 04/1994 - Present: Ouachita County Sheriffs Dept. - Jailer, Part-Time Deputy, Full-Time Deputy
 - Corporal, Sergeant over Patrol, Sgt. K-9, Lieutenant Criminal Investigations, Captain CID.
 Community Service        - Being an Officer of the law and especially a K-9 Officer has given me great opportunities to provide community service to the citizens of this county with an emphasis on the youth and young children thru drug education, & letting kids know Police are their friend. (Newspaper articles, cards & letters of Thanks are in the documents sent with my application and this letter.)
Conduct - As you can see by my employment history and letters of commendation that my conduct has been nothing less then it should be for an upstanding citizen in the community. There has not ever been as much as a minor infraction on my record.

Educational Achievements - I used what I learned from the Navy to land a job as a Boiler operator. But to keep that job I had to receive my Arkansas State Boilers License , then receive continuing Education to keep up with current standards.
- In 1991 - I received my Taxidermy’s Diploma after completing home-study courses. And then opened a home based taxidermy business, which I operated while working the full-time job at Loral Vought and working part-time at the Sheriffs Department for only $25.00 per month.

- Ouachita County Sheriffs Department - Education Jailer, 94’ Part-time Deputy Certificate, 95’ - Certificate From Arkansas Law-Enforcement Academy .
(I have attended several different schools and classes since graduating the Academy). - (You can find a copy of my certificates of completion in my certificate file that I submitted with my application.)

- I have a Certified Instructors Certificate from the Law-Enforcement Academy and I am the Firearm Instructor for the Sheriffs Department . - I am responsible for organizing 2 yearly qualifications for the department personal, training them in firearms use, etc.

- I also work with training classes of new Deputies and Reserve Deputies on firearms instruction, and basic CID information.
- I plan to further my career in Law-Enforcement, by moving up the chain of command

 Career & Work -  As previously stated I work at the Sheriffs Department as a Captain of CID, I am the Firearms Instructor, and any other duties they put upon me. I routinely go above and beyond the call of duty and put in over 50 hours per week working on cases etc., all while being on call at all times, but have definite on call every other week, all week 24 hrs. a day.

 - I also work off- duty security 2 or 3 days a week at nights after working my regular job.

- I recently completed a remodeling job at the Sheriff’s Office which included building a new Dispatch Radio Command Center, a Work Shop, and a new 309 Inmate Sleeping Quarters.

- I am in the beginning phases of starting a small part-time family construction company . Myself along with my wife and kids are going to be doing decks, carports, pavilions and small fix-it up jobs. We are working on our first job right now which is a 20’ X 26’ Pavilion from the ground up we do it all, and it will be complete by July 1st.

- In 1999, we built our home that we are living in now, all completely by ourselves, and I mean completely. The only thing we hired out was the dozer work and the house foundation, my wife and kids helped me build walls, wire, do plumbing, hang sheetrock, paint etc. this was a great family building process and with our children being included they are really proud of their work.

- I believe that I have shown what good post-service behavior is, I am managing to work a full-time job, 2 part-time jobs, attending classes and seminars, teaching classes, building a home and raising a family. My hard work ethics are spilling over to my children who are learning the importance of doing and that hard work and good values do pay off.

- I also know from the thanks that I receive from people, that I am helping them in their lives, and I couldn’t do that if I wasn’t in the line of work that I am in. Many parents have thanked me for helping to put their children back on the right track and that is a great thing.

 Family Relationships      - I have been with my wife Kaye since I was a senior in High-School, and I am proud to say that on June 11, 2003 we celebrated our 15 th Wedding Anniversary. We have 4 great children who are now 14, 11, 8 and 6.- I believe that we beat the odds, I know that we started off on the wrong foot at such a young age, but we have made it and are a wonderful, happy family. Through hard work, dedication, love and prayers we have stayed together and are trying to raise our children with the best moral and educational values possible . I have even talked with my children about going into the military after high-school. They like to look at the pictures of me when I was in the Navy and hear the stories of the kind of work I did and the adventures that I experienced. - Family is very important to me and I am definitely learning what a challenge it is to be a good father.
Supporting Documents      - Most were submitted with my original application to the Board, but I have added some to go with that and ISSUE – 5. Pictures of my work as a Taxidermist, Sheriffs Office Related, my children, my wife and building my home are included in this also.
Crime-free behavior       -This has been exhibited by my job at Loral, a Defense Plant and at the Sheriffs Department as a Deputy and now a Captain where I have been employed for over 8 years.
Once again thank you in advance for your time and consideration in this very important matter, I understand that you are very busy and I sincerely appreciate the chance to present my case to you.

Respectfully Submitted,

B_ M_ W_
 (social security number deleted) ”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (2)
Letter from Applicant, dated November 12, 2002
Appointments/Positions, dated February 27, 2003
List of certificates
Certificate of outstanding civic servant, dated March 31, 1998
Certificate of completion, dated April 21, 1994
Certificate of achievement, dated April 21, 1994
Certificate of completion, dated October 16 to December 22, 1995
Basic certificate, dated March 16, 1998
General certificate, dated March 16, 1998
Certificate of Certified Law Enforcement Instructor, dated July 2, 1998
Certificate of achievement, dated December 1, 1995
Certificate of completion, dated November 6-7, 17, 20-21 and December 1, 1995
Certificate of certified police traffic radar operator, dated December 29, 1995
Operator certificate for breath testing, dated August 25, 1994
Operator certificate for breath testing, dated August 25, 2000
Certificate of completion, dated December 11-12, 1995
Certificate of completion, dated December 4, 1995
Certificate of completion, dated November 24, 26, 1997
Certificate of completion, dated December 6, 2000
Certificate of attendance, dated February 15, 1997
Certificate of training, dated September 26, 1996
Certificate of training, dated September 26, 1996
Certificate of membership for the year of 1997
Certificate of completion, dated February 16, 1997
Certificate of completion, dated June 10, 1999
Certificate of training, dated March 20, 1996
Certificate of training, dated August 16, 1998
Letter from State of Arkansas, Office of Emergency Services, dated November 25, 1996
Certification of Level 1, Hazardous Materials First Responder
DD Form 149
Letter to Applicant from Board For Correction of Naval Records, dated January 21, 2003
Certificate of live birth
Arkansas drivers license
Sheriff’s Department Ouachita County Arkansas identification card
Twenty-two pages from Applicant’s service record
Letter from Camden Police Department, dated September 17, 1996 (2)
Letter from Ouachita County Sheriff’s Department, dated August 17, 1996
Letter of recognition, dated February 24, 1997
Letter from Camden Police Department, dated April 28, 1997
Letter from Ouachita County Sheriff’s Department, dated June 27, 1997
Newspaper picture and caption, dated March 10, 1997
Letter to Sheriff, dated June 11, 1997
Note to Applicant
Letter from Ouachita County Sheriff’s Department, dated October 29, 1999
Letter to Applicant, dated November 16, 1999
Newspaper article, dated February 27, 2000 (4 pages)
Letter from Ouachita County Sheriff’s Department, dated February 4, 2000
Letter to Applicant from sheriff, undated
Letter from sheriff, Ouachita County Sheriff’s Department, undated
Picture of Applicant with a dog
Newspaper article with picture, dated May 2000
Note to Applicant, dated May 5, 2000
News article from a school dated May 2000
Letter to sheriff, Ouachita County Sheriff’s Department, dated May 21, 2000
Personnel promotions, dated August 13, 2001 (3 pages)
Christmas card
Thank you letter to sheriff, Ouachita County Sheriff’s Department, undated
Telephone message, dated January 5, 2001
Letter to Applicant, undated
Letter from Sheriff, Ouachita County Sheriff’s Department, dated April 9, 1999
Newspaper article and picture (3 pages)
Appointment to Captain, dated February 26, 2003
Attendance roster, dated August 17, 1994
Diploma for completing chemical tests for blood alcohol, dated August 25, 1994
Operator certificate for breath testing, dated August 25, 1994
Certificate of completion of Utility Drug Dog Handler, dated June 10, 1999
Copy of check for extra help deputy for February, dated March 3, 1995
Three pictures
Note from Ouachita County Sheriff, undated
Lesson Guide with 15 notes from students
Letter to Applicant, undated
List of names from a preschool class 1999-2000
Note from Mrs. W_’s class, undated
Picture and caption, dated April 6, 1999
Note to Applicant, dated June 11
Copy of envelope
W-2 1988
Distribution statement
Diploma for general taxidermy, undated
Taxidermists certificate, dated December 31, 1992
Twelve pictures
Applicant’s business card
Marriage license
Six pictures
Drawing done by Applicant’s ten year old daughter
Picture of house and floor plans with appraisal report
Four pictures
Letter from Applicant, dated March 3, 2004
Letter from Sheriff, Ouachita County, dated July 12, 1995
Pictures and article, dated December 23, 1995
Newspaper article with picture
Letter from Captain, Ouachita Country Sheriff’s office, dated January 10, 1997
Newspaper article and pictures
Promotion letter, dated January 28, 1997
Article and picture
Newspaper article
Letter of appreciation/dedication, dated November 1, 2001 (3 pages)
Newspaper article and pictures (2 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):

          Inactive: USNR (DEP)     860208 - 860811  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 860812               Date of Discharge: 880718

 Length of Service (years, months, days):

         Active: 01 11 07         Does not exclude lost time
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 86

 Highest Rate: MM3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF*                 Behavior: NMF             OTA: NMF

Military Decorations: None

 Unit/Campaign/Service Awards: SSDR, BER

 Days of Unauthorized Absence: 149

*No marks found in Applicant’s service record.

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

880318:  Summary Court-Martial.
         Charge I: violation of the UCMJ, Article 86 (2 specs):
         Specification: Unauthorized absence from 871223 to 880223 (62 days/surrendered).
         Specification 2: Unauthorized absence from 880308 to 880314 (6 days/surrendered).
         Finding: to Charge I and the specifications thereunder, guilty.
         Sentence: Forfeiture of $415.00, confinement at hard labor for 45 days, restriction for 60 days, reduction to MMFA.
         CA action 880331: Sentence approved and ordered executed.

880426:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense as evidenced by your act of unauthorized absence of 62 days. [Extracted from Commanding Officer’s message dated 880504.]
880426:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation. [Extracted from Commanding Officer’s message dated 880504.]
880427:  Applicant to unauthorized absence 0700, 880427.

 880504:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

880510:  CNMPC directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

880629:  CNMPC authorized Applicant’s discharge without return to military control.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged, in absentia, on 19880718 under other than honorable conditions for misconduct due to commission of a serious offense (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).

 Issues 1-2 and 5. The Applicant states his discharge was based on one isolated incident with no other infractions. The Applicant’s discharge was based on several disciplinary infractions, not one incident. A characterization of service of other than honorable 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 a Summary Court-Martial. 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. An upgrade to honorable is inappropriate. It must be noted that most Sailors serve honorably and well and therefore earn honorable discharges. In fairness to those Sailors, commanders and separation authorities are tasked to ensure that undeserving Sailors receive no higher characterization than is due. Relief denied.

 Issue 3. The Applicant contends that his problems in the Navy can be attributed to his "bad decisions". While he may feel that his decision making was the underlying cause of his misconduct, the record clearly reflects his willful misconduct and demonstrated he was unfit for further service. The evidence of record did not show that the Applicant was either not responsible for his conduct or that he should not be held accountable for his actions. Relief on this basis is denied.

Issue 4. 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. 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. After a complete review of the entire record, including the evidence submitted by the Applicant, the Board determined that his discharge was appropriate and that his evidence of post-service conduct was found not to mitigate the conduct for which he was discharged. Relief denied.



Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560A), effective 15 Jun 87 until
10 Jan 89, Article 3630600, SEPARATION OF ENLISTED MEMBERS BY REASON OF MISCONDUCT – COMMISSION OF A SERIOUS OFFENSE.

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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