Search Decisions

Decision Text

NAVY | DRB | 2004_Navy | ND04-00068
Original file (ND04-00068.rtf) Auto-classification: Denied


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

ex-FA, USNR
Docket No. ND04-00068

Applicant’s Request
The application for discharge review was received on 20031014. 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 list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040712. 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
Applicant’s issues, as stated on the application:

“1. I’ve recently applied for a better job, I was denied this job due to my discharge from the navy, when you review my service records you will see that up until the end of my enlistment I was a 4.0 sailor. I’ve recently got married and have a little girl.

2. I need my discharge change so I can better myself and take care of my family, I realized that I did wrong in dishonoring my contract with the navy.

3. Also I spent a little bit of time in the brig, and when I had my court martial the judge did not give me a other than honorable discharge but when I returned to NAB Little Creek the Captain of the base had a special board formed and they decided that I should have a other than honorable discharge. I wish that you will take my discharge into consideration thank you for your time, also I want to attend school and I could not use my G.I. Bill which would help me. Thank you.” [Signed by the Applicant]
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214
Copy of DD Form 215

PART II - SUMMARY OF SERVICE

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

 Period of Service Under Review :
Date of Enlistment: 960528               Date of Discharge: 991104

 Length of Service (years, months, days):

         Active: 03 01 01
         Inactive: 00 02 22

 Age at Entry: 19                          Years Contracted: 8

 Education Level: 12                        AFQT: 40

 Highest Rate: FN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (3)    Behavior: 3.00 (1)                OTA: 3.11

 Military Decorations: None

 Unit/Campaign/Service Awards: Navy Rifle Marksmanship Ribbon

 Days of Unauthorized Absence: 90

 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 :

960815:  Commenced 36 month of active duty under the Fireman (3Y0) Apprenticeship program.

980624:  Unauthorized absence 0700, 980624.

 981008:  Report of Declaration of Deserter (NAVPERS 1600-3). Applicant declared a deserter on 981004 having been an unauthorized absentee since 0730, 980904 from NAVPHIBASE Little Creek, VA.

981020:  Report of Return of Deserter. Applicant surrendered to military authorities on 981015 (1400) at NAVPHIBASE Little Creek, VA. Returned to military control 981015 (1400). Retained onboard for disciplinary action.

981112:  NJP for violation of UCMJ, Article 86: Absent without leave 990904-981015 (41days/S).
         Award: Forfeiture of $519.00 per month for 2 months, restriction to NAB LCRK for 45 days, extra duty for 45 days, reduction to E-2. No indication of appeal in the record.

990608:  Special Court Martial [trial dates 990608]
         Charge I: violation of the UCMJ, Article 86, Absenting himself from his organization from 990303 until apprehended on or about 990422(49days/A).
         Findings: to Charge I and specification thereunder, guilty.
         Sentence: Confinement for 30 days, forfeiture of $500.00 pay per month for 1 month, reduction to E-1.
         CA 990607: Sentence approved and ordered executed.

981130:  Retention Warning: Advised of deficiency (NJP held on 981112 for violation of UCMJ Article 86-Unauthorized absence from 980904 until 981015), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

990630:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense and misconduct due to a pattern of misconduct.
990630:  Applicant advised of rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
990917:  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the Applicant had committed misconduct due to commission of a serious offense and misconduct due to a pattern of misconduct, that the misconduct warranted separation, and recommended discharge under other than honorable conditions.

991021:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense and misconduct due to a pattern of misconduct.

991026:  Commander, Navy Region, Mid-Atlantic authorized the Applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19991104 under other than honorable conditions 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 Applicant contends that he is entitled to an upgrade because “until the end of my enlistment, I was a 4.0 Sailor.” When the service of a member of U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable. An Under Other Than Honorable Conditions discharge 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. The Applicant’s service was marred by two episodes of unauthorized absence for a total of 90 days. One of these episodes was adjudicated at Special Court Martial where the Applicant was sentenced to confinement for 30 days, forfeiture and reduction. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Navy and falls far short of that required for an upgrade of his characterization of service. Relief is not warranted.

Issues 2 and 3: The Veterans Administration determines eligibility for post-service benefits not the Navy Discharge Review Board. 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. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge.

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 documentation to support any claims of post-service accomplishments or any other evidence related to his discharge at that time. 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      



Similar Decisions

  • NAVY | DRB | 1999_Navy | ND99-01239

    Original file (ND99-01239.rtf) Auto-classification: Denied

    830820: Retention Warning: Advised of deficiency (Unauthorized absence from NTC, Great Lakes, IL commencing on/or about 0545, 820913 and termination on/or about 0830, 820922 and Unauthorized absence from USS CHARLESTON (LKA-113), located at Norfolk, VA commencing on/or about 830307 and termination on/or about 830423), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. After a thorough review of the records,...

  • NAVY | DRB | 2001_Navy | ND01-00288

    Original file (ND01-00288.rtf) Auto-classification: Denied

    PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 910312 under other than honorable conditions for misconduct due to commission of a serious offense (A and B). In the applicant’s issues 2 and 3, the Board recognizes that serving in the Navy is very challenging to both the Sailor and his family members. At this time, the applicant has not provided any documentation of good character and conduct.

  • NAVY | DRB | 2003_Navy | ND03-00513

    Original file (ND03-00513.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. No indication of appeal in the record.921008: SIMA Little Creek notified Applicant of intended recommendation for discharge by reason of misconduct due to a pattern of misconduct as evidenced by three or more punishments under the UCMJ within your current enlistment. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects...

  • NAVY | DRB | 2001_Navy | ND01-01169

    Original file (ND01-01169.rtf) Auto-classification: Denied

    ND01-01169 Applicant’s Request The application for discharge review, received 010917, requested that the characterization of service on the discharge be changed to honorable. Chronological Listing of Significant Service Events : 950302: BUPERS advised applicant's command of arrest history prior to entering the Navy that applicant failed to claim and directed the command to process applicant for fraudulent enlistment or recommend retention requesting a waiver. The administrative board found...

  • NAVY | DRB | 2000_Navy | ND00-00862

    Original file (ND00-00862.rtf) Auto-classification: Denied

    No indication of appeal in the record.900202: Retention Warning from USS PENSACOLA: Advised of deficiency (being late for quarters approximately 1 hour & 55 minutes), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning900202: Unauthorized absence from 0730, 2 Feb 90. No indication of appeal in the record.900519: Retention Warning from USS PENSACOLA: Advised of deficiency (to be on time and at place of duty,...

  • NAVY | DRB | 2002_Navy | ND02-00716

    Original file (ND02-00716.rtf) Auto-classification: Denied

    ND02-00716 Applicant’s Request The application for discharge review, received 020425, requested that the characterization of service on the discharge be changed to honorable. I told her that I had my entire leave papers because I had to have Limited Duty at PSD sign me out for leave because there was no one at the command that had the authority to do so. (FSM) DD Form 293 Application for the Naval Discharge Review Board of Discharge or Dismissal from the Armed Forces of the United States...

  • NAVY | DRB | 2003_Navy | ND03-00091

    Original file (ND03-00091.rtf) Auto-classification: Denied

    ), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.990404: Counseling: Advised of deficiency (Indebtedness), notified of corrective actions and assistance available.990406: NJP for violation of UCMJ, Article 86: Unauthorized absence on 2359,, 990401 to 2200, 990402, violation of UCMJ, Article 134 (2 specs): Dishonorably failing to maintain funds on 981020 and 981028, total of $20.00. The Applicant states...

  • NAVY | DRB | 2002_Navy | ND02-00085

    Original file (ND02-00085.rtf) Auto-classification: Denied

    My discharge was not inequitable.2. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Copy of DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: USN None Inactive: USNR (DEP) 930218 - 931011 COG Period of Service Under Review :Date of Enlistment: 931012 Date of Discharge: 990703 Length of Service (years, months, days):Active: 05 07 16 Inactive: None...

  • NAVY | DRB | 2000_Navy | ND00-00098

    Original file (ND00-00098.rtf) Auto-classification: Denied

    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).In the applicant’s issue 1, the Board determined this issue is without merit. The NDRB reviews the propriety (did the Navy follow its own rules in processing the applicant for discharge) and equity (did the applicant receive a discharge characterization in keeping with Navy guidance or was the characterization...

  • NAVY | DRB | 2002_Navy | ND02-00681

    Original file (ND02-00681.rtf) Auto-classification: Denied

    In a letter to the Applicant, the Applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing. ), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. ), notified of corrective actions and assistance available.941010: Vacate suspended forfeiture of $466.00 for 1 month awarded at CO's NJP dated 940422 due to continued...