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NAVY | DRB | 2003_Navy | ND03-01316
Original file (ND03-01316.rtf) Auto-classification: Denied


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

ex-MSSR, USN
Docket No. ND03-01316

Applicant’s Request
The application for discharge review was received on 20030805. The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions or uncharacterized. The Applicant requests a documentary record 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 20040514. 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:

“1. During my time in the Navy I did receive awards and decorations.

2. My ability to serve was impaired by my youth and immaturity. As proven by ridiculous attempts at going AWOL.

3. I have been a good citizen since my discharge. I got my GED then furtuerd my education by going to college and earning a diploma.

4. Also during this period I was a confused child with a severe lack of education and upbringing.

5. Please read attached letter.

 Although I was not the best Sailor I could have been during my time in the Navy. I would like you to consider how much my life and attitude have changed since. Please understand that I am well aware of the record that I have, but also understand that, although I did not take advantage of the opportunities offered me through the Navy. I have taken a lot from the Navy and have incorporated it into the new man that I have become. So, although it appeared I was a lost cause, as you will see I was just young and very dumb.
Since my discharge from service my life has changed dramatically. I now enjoy 3 sons, a beautiful wife, and a good job.
I have been a volunteer coach for Amphi Little League for six years. All the while raising my own three into the sport. Again a lesson learned from the Navy – teamwork and discipline.
I finally got my G.E.D., then chose to attend Apollo College for Medical Administrative Assistant. Suprising myself, I did very well. I graduated with academic honors, and was asked to speak at my graduation. To this day I still have a seat on the Apollo College advisory board.
After graduating, I was fortunate enough to find a job that has really made me happy and challenges me daily. I now am a Human Resources Rep., I handle a multi-million dollar payroll for 150+ employees, as well as handle the trust account for the residents of the facility of which I am employed. The business is called Santa Rosa Case Center. My official title is Assistant Business Office Manager.
So as you can see I finally grew up and became the 4.0 sailor I should have been. I know myself, that none of this would have been possible if I had not chosen to join the service. I am very proud to have served, just very embarrassed that I did not use that time wisely. However, the ability to succeed was impressed upon me through the discipline that I finally accepted as I grew older, which was taught to me from the United States Navy.
In closing I would like to again point out that I have changed and will remain this new person I have become, not just for my self, but for my wife and son’s as well. Which brings me to the most important part for me. As I have said I have righted the wrong’s I did in my life except one. I am asking with all sincerity in my soul please help me right this last wrong, if you can. I only want to finish cleaning up my mess.
Thank you all for your time & for reading this letter.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214
Letter from Applicant
Medical Administrative Assistant certificate
Certificate of academic honors

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     890128 - 890206  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 890207               Date of Discharge: 910708

 Length of Service (years, months, days):

         Active: 02 05 02
         Inactive: None

 Age at Entry: 18                          Years Contracted: 3

 Education Level: 10                        AFQT: 60

 Highest Rate: MSSA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.13 (3)    Behavior: 3.00 (3)                OTA : 3.13

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR, NDSM, NUC SASM

 Days of Unauthorized Absence: 43

 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 :

890728:  NJP for violation of UCMJ, Article 112a: Wrongful use of marijuana.
         Award: Forfeiture of $349 per month for 2 months, restriction and extra duty for 45 days. No indication of appeal in the record.
890728:  Counseling: Advised of deficiency (wrongful use of marijuana), notified of corrective actions and assistance available.

891013:  DAAR. CAAC evaluated Applicant as drug dependent. Medical doctor found Applicant not dependent and recommended Level I treatment. CO recommended retain.
900612:  NJP for violation of UCMJ, Article 86: UA from 0730, 900522 to 0840, 900602.
         Award: Forfeiture of $362 per month for 2 months (suspended for 6 months), restriction and extra duty for 45 days, reduction to E-1. No indication of appeal in the record.
900721:  Vacate suspended forfeiture from NJP of 900612.

 900721:  NJP for violation of UCMJ, Article 92: Derelict in duties by failing to attend restriction muster.
         Award: Forfeiture of $362, restriction and extra duty for 30 days. No indication of appeal in the record.
910402:          Summary Court-Martial.
 Violation of UCMJ, Article 86 (2 specs):
Specification 1: UA from 901222 to 910122.
Specification 2: UA from 910318 to 910319.
Finding: Guilty to charge and specifications.
Sentence: Forfeiture of $502, confinement for 30 days.
910416: CA ordered executed.

910513:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense and due to drug abuse.
910513:  Applicant advised of his 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.
910601:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense and due to drug abuse.

910625:  BUPERS directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19910708 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 4. A characterization of service of under other than honorable conditions is warranted when the member's conduct constitutes a significant departure from that expected of a sailor. The Applicant’s service was marred by award of nonjudicial punishment (NJP) on three occasions and one 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 or under honorable characterization of service. The evidence of record does not demonstrate that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions. Relief denied.

 Issues 3 and 5. 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. Naval Military Personnel Manual, (NAVPERS 15560A), Change 8, effective
21 Aug 89 until 14 Aug 91, Article 3630600, SEPARATION OF ENLISTED PERSONNEL 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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