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NAVY | DRB | 2004_Navy | ND04-01192
Original file (ND04-01192.rtf) Auto-classification: Denied


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

ex-CTOSN, USN
Docket No. ND04-01192

Applicant’s Request
The application for discharge review was received on 20040715. 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.

Decision

A documentary review was conducted in Washington, D.C. on 20050304. 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: GENERAL (UNDER 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. “I R_ D_ G_ do wish to have my discharge reviewed and possibly changed from General - Under honorable conditions to honorable - again if possible. I do understand that I did make a mistake and was discharged from my military duty because of my actions. I do realize that my actions that were taken were immature, and not fully thought out. Though I do have my reasons it does not make my actions as being sensible. The reason I would like to have my discharge reviewed and possibly changed is due to my wanting help and further my education. As a young single mother of two it is very hard to have a job that can not only pay the bills, but a job which I enjoy doing. Though I did want to have a career in the military, I feel I would be an asset to our country in helping our troubled youth. I have been abused as a child and I feel that that going in a positive direction would and could encourage others who have experienced the trauma like myself and not try to blame the world. I would like to maintain a degree in social work and achieve my goals while also raising two young children. I would like to have my service record reviewed and not have it based on one situation and have my mistake which I am truly sorry turned into a triumph. I do thank you for any time and would request that a response either be sent or mailed to me. My education would begin in the fall of 2004 and this decision if changed will not be a regret. Thank you.”

 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)     950908 - 960102  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 960103               Date of Discharge: 990513

 Length of Service (years, months, days):

         Active: 03 04 11
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4 (3 months extension)

 Education Level: 12                        AFQT: 42

 Highest Rate: CTOSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (4)             Behavior: 2.50 (4)                OTA: 2.75

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: None

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

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

 Chronological Listing of Significant Service Events :

990513:  Evaluation Report & Counseling Record: Over an approximate nine month period in 1998, Applicant knowingly wrote a minimum of 29 bad checks to at least six separate military organizations in Florida and Virginia in excess of $3,700.00.
990513:  DD-214: Applicant's discharge with a general (under honorable conditions) by reason of misconduct due to the commission of a serious offense.

Complete discharge package unavailable

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19990513 with a general (under honorable conditions) for misconduct due to commission of a serious offense (A). After a thorough review of the available records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (B and C). The presumption of regularity of governmental affairs was applied by the Board in this case in the absence of a complete discharge package (D).

Issue 1: Normally, to permit relief, an impropriety or inequity must have existed during the period of enlistment in question. No such impropriety or inequity is evident during the Applicant’s enlistment. The Applicant desires an upgrade because she is sorry for her actions and that they were immature. When the service of a member of the U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable. A general discharge is warranted for behavior not sufficiently meritorious to warrant an honorable discharge. While the record is incomplete, there is credible evidence to suggest that t he Applicant committed misconduct by knowingly writing at least 29 bad checks in Virginia and Florida totaling over $3,700.00 . The Applicant’s conduct, which forms the primary basis for determining the character of her service, reflects her willful failure to meet the requirements of her contract with the U.S. Navy. Such conduct falls far short of that expected of a member of the U.S. military and does not meet the requirements for an upgrade of her characterization of service. Relief is not warranted.

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. 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 97 until 29 March 2000, Article 1910-142 [formerly 3630605]. SEPARATION BY REASON OF MISCONDUCT- COMMISSION OF A SERIOUS OFFENSE .
B. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety .

 C. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity .
D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

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 “ http://Boards.law.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:

                  Secretary of the Navy Council of Review Boards
                   Attn: Naval Discharge Review Board
                   720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023

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