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NAVY | DRB | 2004_Navy | ND04-00665
Original file (ND04-00665.rtf) Auto-classification: Denied


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

ex-HTFA, USN
Docket No. ND04-00665

Applicant’s Request
The application for discharge review was received on 20040317. 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 20041008. 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, authority: NAVMILPERSMAN, Article 1910 - 142 (formerly 3630605).



PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

 1. “Dear Member’s Discharge Review Board,

My name is S_ B_ B_ ( Applicant ), and I reside with my parents after being discharged from the U.S. Navy on April 2, 2002.

I would like to tell you a little bit about myself and explain why I would like you to reconsider my Less than Hororble discharge to an Honorable

I joined the U.S.Navy at 17 yrs old, I received my GED in 1998. At school I was a former Captain of the basketball team in JR High and also a quaterback of the footbll team, and a Bronze Medalist at the US Jr Olympic Tae Kwan Do Competition in 1991 for sparring. After working a while, I decided to do something more for myself and after long discussions with my parents. I decided to join the U.S.Navy. I met with several recruters and wanted very much to become Navy Seal, my dad who is an Honorable discharged Army Viet Nam Veteran suggested I get into school or trade first, so I decided to go into the field of pipe welder, thinking my term would tech me a good trade to fall back on after my commitment is over.

So, I joined the US Navy 10.28.1998 and was assigned to receive my basic training at Great Lakes in Chicago Ill., where I excelled in all areas of basic training, with thoughts of’ Seals possibly in my future. After graduation, I remained at Great Lakes for Hull Tech training, again the top of my class, and it was this time my problems started. I was told undwe water welding was avilble then I found out that it was not offered any more. I was with several high inking personell, who encourged me to get drunk with a celebration for graduating which I feel they should have covered my back because I was so young ( although I take full responsibility for my actions) but they shoved me into a barracks that was not our’s and took off and left me, I was sent to Captins Mass where I received restriction and payroll degrade

I then attended Advanced Eng, School, advanced welding program where I finished with a Distinguished Graduate’s Diploma.

I then received orders for deployment to U.S.S. Kittyhawk, Japan. As soon as I got there I was told hy my shipmates that had been there how bad this assigmnet was, not to mention that this was the oldest Aircraft Carrier in service, and after a while I thought the same. There were bad attitudes from the top down, we never worked in our given trade they had Japanese privte contractors do our work. We also lived on the ship 24/7 for the 3 years I was there. That definately got on nerves of many, almost like cell in prison.

We all knew that the Japanese civilians didnt want us there either, when we asked why we wernt doing the work we were trained to do, the top brass just said it was good P R. to let private contractors do most of the work & we can get happy with doing common jobs, mopping & chipping paint. But I held fast took all questionable shots and moved up in rank only to see that the longer I was there the more we became miserble. The Army & Marines were always sharp & professional but we were made fun of As though the Nay didnt care what we did or looked like. We all kind of fell into a mental rut & I think the upper brass should have known how this was affecting or work & attitudes regarding our being in the Navy and with more professional concerns, our deployment would have been more rewarding for many of us.

While on ship I was assigned to the ships Fire Dept as lead fireman, and I was able to put great pride into that job, but still the ships commanders attitude was terrible toward the enlisted personnel I E low moral, lack of interest, unappreciated, unable to communicate with superiors or the chaplins. I did receive several letter of apprecition for over and above call of duty.

When 911 happened we were called to Sea, (we were all excited & ready) for support of the U.S.Army, we acted as floating fortress for Operation Freedom. We sat of the the Coast of Pakistan & flew Special Ops to Afganistan & we were all so proud to be part of.

After we were sent back to home port in Japan, it all started again, so after being at Sea for 4 months we wanted to celebrate. We went to town and started drinking& partying (to much). We did some damage to hotel room but we offered to pay for and did pay for all damages. By then word spread and I was called to Captains mass, being senior rank thinking that if I admit to being senior ranking man( after my ordel in Chicago) I would step up to the plate & take responsibility’ for our actions & after that I could not do anything right in the Captains eyes.

I tried working thru the chain of command, hut 1 was told by all tht I was a looser & a drunk, but I have always exceptd my punishment & loss of any pay & rank. But they’ wouid’nt let it go after that.

I spoke with my parents & found out that my father had open heart surgery. He had it 3 weeks after my graduation from basic. He didnt want me to worry about his health & tht is why he didnt tell me. I then requested to be transfered or re enlist in BUD’s unit & went through the proper chain of command & it was approved till it got to the commanding officer’s level & was denied The chaplain could’nt help me either.

My parents thought all was good, I did’nt want my dad to know what we’re going thru due to his health problems. I was so frustrated. I needed ray dad & he needed me. My C.O said that it would probably be in my best interest & as frustrated & confused as I was would be to take early off ship & could very easily get my discharge changed because of all the time I had into the Navy including time out of Country. So 1 took it not knowing what to do & not getting good counseling then finding out now that it wsnt going to be easy as was stated to me.

Soon after I left ship my mom said CNN news stated my Commandor of USS Kittyhawk had been relieved of duty due to lack of confidence in Capt H_’s ability to lead his crew. See enclosed. Also few weeks later an artical regarding Chaplins bad attitude, then a few weeks later the C 0. of the entire battle group had been removed from his duties. Then I’m hearing from from other Sailor’s were given the same deal as I. Due to this mismanagement has cost many a good sailor a had discharge.

After arriving home I came to realize what a real impact this had on my dad & myself for any’ advancement 1 may have had serving in the Military. I am trying to do all I can to prove that 1 am a responsible adult & that I deserve an Honorable disgharge. I am currently employed, (see enclosed letter of recomondation from my current employer).and due to my dad’s failing health ( he is now on disability) I am a registered voter & hope to attend school on my GI bill that Ipaid into. I tke full responsibility’ for my actions, But I am asking you to please reconsider my request to change my discharge status to Honorable.

Thank you very much for your time and consideration.”

Respectfully,

S_ B_ B_ ( Applicant )

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214 (2)
Copy of Service Record Documents (16)
Letter of reference, dated, February 5, 2004
CNN News Articles (6)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     980930 - 981026  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 981027               Date of Discharge: 020402

 Length of Service (years, months, days):

         Active: 03 05 06
         Inactive: None

 Age at Entry: 17                          Years Contracted: 4

Education Level: 10                        AFQT: 63

 Highest Rate: HT3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.00 (1)    Behavior: 1.00 (1)                OTA: 1. 33

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: None

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-142 (formerly 3630605).

 Chronological Listing of Significant Service Events :

000412:  NJP for violation of UCMJ, Article 92: Failure to obey a general lawful order (underage drinking), violation of UCMJ, Article 128: Assault, violation of UCMJ, Article 134: Disorderly conduct.
         Award: Forfeiture of $503 per month for 2 months, restriction for 60 days, reduction to E-1. No indication of appeal in the record.

000412:  Counseling: Advised of deficiency (Failure to obey a lawful order, Assault consummated by a batter and Disorderly conduct, drunkenness), notified of corrective actions and assistance available.
000912:  NJP for violation of UCMJ, Article 92: Failure to obey a general lawful order (underage drinking), violation of UCMJ, Article 128: Assault, consummated by a battery.
         Award: Forfeiture of $503 per month for 2 month(s), restriction for 60 days. Forfeiture of $503.00 of pay per month for one (1) month suspended for six (6) months. No indication of appeal in the record.

020214:  NJP for violation of UCMJ, Article 109: Destruction of property other than military property.
         Award: Forfeiture of $692 per month for 2 months, restriction and extra duty for 45 days, reduction to E-3. No indication of appeal in the record.

020228:  NJP for violation of UCMJ, Article 92: Failure to obey a lawful order (offensive language); violation of UCMJ, Article 109: Damage of property other than military property.
         Award: Forfeiture of $657 per month for 2 months, restriction and extra duty for 45 days, reduction to E-2. No indication of appeal in the record.

020304:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.
020304:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
020307:  Commanding Officer recommended discharge under other than honorable conditions by reason of a pattern of misconduct due to the commission of a serious offense.

020312:  Commander, Carrier Group FIVE 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 020402 under other than honorable conditions for misconduct due to the 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).

Issue 1: 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.

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 four occasions for violations of Articles 92, 109, 128, and 134of the UCMJ. 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. Relief denied.

The following is provided for the edification of the Applicant. 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 naval service. The NDRB is authorized, however, to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review. Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, and certification of non-involvement with civil authorities. The Applicant’s evidence of post-service conduct was found not to mitigate his misconduct sufficient to warrant an upgrade to his 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 additional documentation to support any claims of post-service accomplishments or any other evidence relating 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 31, dated 20 Feb 01, effective 25 Jan 01 until 21 Aug 02, Article 1910-142 [formerly 3630605]. SEPARATION 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 obta   ined 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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