Search Decisions

Decision Text

NAVY | DRB | 2004_Navy | ND04-00902
Original file (ND04-00902.rtf) Auto-classification: Denied


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

ex-STGSA, USN
Docket No. ND04-00902

Applicant’s Request
The application for discharge review was received on 20040512. The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. 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 20041029. 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 would like to receive VA benefits, as far as educational benefits because… I’m starting college this fall, and also I was diagnosed with Hep. C while on active duty and would like to see if I can receive medical benefits.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Two pages from Applicant’s medical record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     990922 - 991121  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 991122               Date of Discharge: 001006

 Length of Service (years, months, days):

         Active: 00 10 15
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 45

 Highest Rate: STGSA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF*                 Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: None

*No Marks Found in the service record

 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 :

000913:  NJP for violation of UCMJ, Article 86 (12 specs.): UA from place of duty, violation of UCMJ, Article 91 (2 specs.): Failure to obey lawful order from STGC S_, violation of UCMJ, Article 92: Failure to obey lawful written order by being inside a female’s BEQ room on 000808.
         Award: Forfeiture of $500.00, restriction and extra duty for 30 days. No indication of appeal in the record.
000913:  Retention Warning: Advised of deficiency (Violations of UCMJ, Articles 86, 91 and 92), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
000922:  NJP for violation of UCMJ, Article 91: Failure to obey lawful order from FC2 M_, violation of UCMJ, Article 92 (2 specs.): Failure to obey lawful written order by drinking alcohol under the age of 21.
         Award: Forfeiture of $563.00, restriction and extra duty for 30 days. No indication of appeal in the record.
000925:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and misconduct due to the commission of a serious offense.
000925:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
001002:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and misconduct due to the commission of a serious offense.

001004:  CNET directed 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 20001006 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’s diagnosis with Hepatitus C while on active duty does not provide a basis for relief to his characterization of service. 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. T he Applicant’s service was marred by award of nonjudicial punishment (NJP) on two occasions. 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 under honorable (general) characterization of service. An upgrade is inappropriate. Relief is not warranted.

 The Veterans Administration determines eligibility for post-service benefits, not the NDRB. 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.
The Applicant’s discharge characterization accurately reflects his service to his country. Normally, to permit relief, an inequity or impropriety must have existed during the period of enlistment in question. No such inequity or impropriety 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 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 | 2000_Navy | ND00-00281

    Original file (ND00-00281.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION Chronological Listing of Significant Service Events :980910: NJP for violation of UCMJ, Article 86: Unauthorized absence from 0700, 27Aug98 to 1230, 5Sep98 (9 days). 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

  • NAVY | DRB | 2000_Navy | ND00-01057

    Original file (ND00-01057.rtf) Auto-classification: Denied

    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: None Inactive: USNR (DEP) 970930 - 980615 COG Period of Service Under Review :Date of Enlistment: 980616 Date of Discharge: 990905 Length of Service (years, months, days):Active: 01 02 20 Inactive: None to wit: wrongfully having personal gear...

  • NAVY | DRB | 2001_Navy | ND01-00021

    Original file (ND01-00021.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of DD Form 214 (2 copies) Appointment of veterans service organization as claimant's representative form dated April 19, 2000 selecting American LegionStatement from applicant (9 pages)Statement from applicant's father dated March 21, 2000Fifty-four pages from applicant's service record PART II - SUMMARY OF SERVICE Prior Service (component, dates of...

  • NAVY | DRB | 2002_Navy | ND02-01065

    Original file (ND02-01065.rtf) Auto-classification: Denied

    Award: Restriction for 45 days. 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).A characterization of service of under honorable conditions (general) 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. You should read Enclosure (5) of the Directive before...

  • NAVY | DRB | 2003_Navy | ND03-00262

    Original file (ND03-00262.rtf) Auto-classification: Denied

    Also my division officer recommended retention instead of separation.”Applicant marked the box "I HAVE LISTED ADDITIONAL ISSUES AS AN ATTACHMENT TO THIS APPLICATION." At this time, the applicant has not provided any documentation for the Board to consider. Therefore, no relief will be granted.The applicant is reminded that he is eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge.

  • NAVY | DRB | 2002_Navy | ND02-01114

    Original file (ND02-01114.rtf) Auto-classification: Denied

    ND02-01114 Applicant’s Request The application for discharge review, received 020805, requested that the characterization of service on the discharge be changed to honorable or general/under honorable conditions. ), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.971210: NJP for violation of UCMJ, Article 92: Failure to obey order or regulation on 971205. Verifiable proof of any post-service...

  • NAVY | DRB | 2004_Navy | ND04-00700

    Original file (ND04-00700.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:None PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USNR (DEP) 011212 - 020107 COG Active: None Period of Service Under Review :Date of Enlistment: 020108 Date of...

  • NAVY | DRB | 2002_Navy | ND02-00256

    Original file (ND02-00256.rtf) Auto-classification: Denied

    ND02-00256 Applicant’s Request The application for discharge review, received 020114, requested that the characterization of service on the discharge be changed to honorable or general/under honorable conditions. STGC L_ publicly stated his personal dislike of me and because of this denied me training that was in my Pipeline contract and offered my billet to other, lesser qualified students. Relief denied.Issue 3: The applicant alleges he was denied training due to the personal dislike of...

  • NAVY | DRB | 2003_Navy | ND03-00411

    Original file (ND03-00411.rtf) Auto-classification: Denied

    ND03-00411 Applicant’s Request The application for discharge review was received on 20030114. 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.

  • NAVY | DRB | 2001_Navy | ND01-01106

    Original file (ND01-01106.rtf) Auto-classification: Denied

    Award: Forfeiture three days pay for 1 month, restriction for 14 days, No indication of appeal in the record.951026: Retention Warning: Advised of deficiency (OIC's Mast, 26 October 1996 for violation of the UCMJ, Article 86: Unauthorized absence, to wit: without authority absent yourself from your organization at or about 0700, 26 October 1995 until 0810, 26 October 1995. 981110: Commanding officer directed discharge general (under honorable conditions) by reason of misconduct due to a...