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NAVY | DRB | 2004_Navy | ND04-01408
Original file (ND04-01408.rtf) Auto-classification: Denied


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

ex-YNSN, USN
Docket No. ND04-01408

Applicant’s Request
The application for discharge review was received on 20040908. The Applicant requests the characterization of service received at the time of discharge be changed to general (under honorable conditions). The Applicant requests a personal appearance hearing before the board in the Washington, D.C. Metropolitan area. In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing.. The Applicant did not list any representative on the DD Form 293.
Decision

A documentary review was conducted in Washington, D.C. on 20050107. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the Applicant’s service at the time of discharge. However, after consideration of the Applicant’s substantial post-service accomplishments and good citizenship, the Board determined that relief was warranted on the basis of equity. The Board’s vote was 3 to 2 that the character of the discharge shall change. The discharge shall change to: GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.



PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

1. “An upgrade to a General/Under Honorable Conditions discharge with a reenlistment code that allows me the opportunity to reenlist in the Naval Reserves is requested. I feel the current discharge and reenlistment code is inequitable due to the fact that I served my post honorably in my prior year and a half of service, and my young age and naivety at the time should also be considered.
There are only a few things that I regret in my life, all of which occured at the time of my discharge from the military in 1994. I made stupid mistakes and choices as a young kid, as a man now I look back on those choices with a heavy heart and saddened soul. I can only beg that you afford me the opportunity to correct the errors of my naieve youth, and allow me the opportunity to show that I am not that young kid anymore. As a respectable businessman, husband and father I know that I can be a valuable asset to our military and country. If afforded a second chance, I assure you as a father and an American that I will immediately enlist in the Naval Reserves and will serve my country proud. Looking back over the past ten years, I have a dark cloud hanging over me that I so desperately want to clear. I am an American, and no matter the outcome, I am also a Sailor at heart. I ask that you consider my application to have my discharge upgraded to General/Under Honorable Conditions and that my reenlistment code be changed to allow the opportunity to serve in our armed forces once again. Thank you for your time in reviewing this application, and I assure you I will be a valuable asset to our military and country for the rest of my life.”

Additional issues submitted by Applicant:

“To Whom It May Concern:

My name is R_ S_ ( Applicant ); I am currently the General Manager of the AmeriHost Inn & Suites, a 100-room limited service hotel in Athens, Ohio. In my current position I manage twenty-seven employees and am solely responsible for all workings of a seven and a half million-dollar hotel Ten years ago I made the biggest mistake of my life and chose a path that lead mc to regret and heartache ever since.

I was honored to enlist in the United States Navy in 1992. My father was a twenty-three year veteran who served in both the Korean and Vietnam Wars, and I was proud to follow in his footsteps. I served as an Educational Petty Officer and completed boot camp in December of 1992; from there I went to training in Meridian, MS for my Yeoman designation and then to Groton, CT for Basic Enlisted Submarine School. I finished top of my class for my Yeoman training, and received high marks at BESS. From my training I was then stationed on the USS Louisville in Point Loma San Diego.

I loved being a sailor; this was my destiny, as I have always wanted to serve my nation in the armed forces. I did very well and was promoted to YN3 due to my military record up to that point. I married in November of 1993 and my wife became pregnant with our first child in January of 1994. Being young, barely twenty years old I began to make the first of my mistakes that I still regret to this day in my life.

My wife and I were having many problems, as many newly married, young couples have. To compound these problems, my wife was not having an easy pregnancy and was experiencing many complications. We were informed that the child may not make it to term and the response I received from my Chief of the Boat was that my wife nor our unborn child were issued to me in my sea bag upon enlistment.

Due to the extended sea duty of my boat, the decision was made to send my wife to Canon City, CO to stay with her brother so she could be looked after while I was underway. This was a bad move on our part, as my wife was treated very badly and I spoke to her on a daily basis to stop her from crying. We made a joint decision that due to the lack of support from my command and our own families that I needed to be with my wife for support during her high-risk pregnancy and in hopes to salvage our young marriage.

At this time a plan was childishly hatched to approach my command and state that I had used marijuana often since I had been married. This was in the hope that I would be able to stay ashore to attend to my wife and our expected child. Unfortunately, this is not what occurred. I have never used marijuana or any form of illegal substance in my life. I was sent to the USS McKee to await an honorable discharge from the service. Being twenty years old, young and stupid I said nothing. This was my first major mistake that I regretted when it happened and that I still regret to this day.

Shortly after being stationed on the McKee I went to visit my wife in Colorado for a weekend. On my way back to the ship I had car problems and I telephoned the McKee to inform them that I would not be able to make it back in time. I informed them of my situation and I was informed I return that I should have never left and if I were not back on time I would be considered AWOL. Let me reiterate, I am not making excuses for my actions, as my actions were mine and mine alone. After hearing this I panicked. I had my wife come and pick me up which began my three months of absence without leave. This was my second major mistake that I regretted then and have regretted on a daily basis for the last ten years of my life.

Upon voluntarily returning I went in front of the CO and made no excuses for my actions. The CO thought so much of the way I spoke and owned up to my actions that he called me back into the room afterwards to continue our conversation. In October of 1994 I was allowed to return to Colorado to be with my wife, I arrived the morning of the birth of my first child. In November of 1994 I was officially discharged from the United States Navy.

I make no excuses for my actions, only that I was young, immature and stupid. I have never been in trouble as a child, and had never been away from home until joining the Navy. Getting married so young, and then becoming a father on top of that led me to the mistakes that I made in 1994. If I could turn back time and go back, I most definitely would.

I am a Sailor at heart. I loved my time in the Navy and talk about it nearly on a daily basis. I dream of my time in the service and dream of how it would be now if I was still serving as I wish I was. Not for one instant since my discharge in 1994 have I been glad to be a civilian. I long for my service and am highly disappointed in myself that the choices I made has not made that possible to this point.

I have been living with a heavy heart and a sad soul for the past ten years. I have a dark cloud that lives above me that I just cannot shake. I watch Fox News on a daily basis and I long for the day that I can serve along side my brothers to protect our country and to once again say that I am a Sailor in the United States Navy. There are only a few things that I regret in my life, all of which occurred back in 1994 that led to my Other Than Honorable Discharge from the United States Navy.

I am a different person now, more responsible and more honorable than that young kid ten years ago. I am a father of three young children and a husband of nearly eleven years; I have been the sole supporter of a family of five for over seven years. I am a businessperson that loves to be involved in community activities and I serve as a member on the board of directors for Big Brothers Big Sisters of Athens County. On many occasions my hotel holds events to support our nation and our troops. For the first time in 2003 our hotel hosted an event I titled AmeriHost/Rolling Thunder Run For Freedom in which we raised money to donate to the MIA/POW Foundation. I also held a contest to have Elementary Schools write letters to the troops for a pizza party sponsored by my hotel, which amounted for over two hundred letters being sent overseas for our fighting men and woman. This year we hosted our second Run For Freedom event in which all monies raised were donated to our local VFW chapter.

I have been thinking about joining the Naval Reserves for over five years, and the only reason I have not has been the fact of my Other Than Honorable Discharge with a reenlistment code of 4. I have hoped that someday I would be able to rejoin my comrades and once again wear the uniform of our country. I recently contacted a Naval Reseve recruiter in Columbus, Ohio and was informed that I could move no further until my reenlistment code was upgraded. This is why I am currently taking the steps I am at this time.

I know I made major mistakes, and I own up to every one of them. I just hope that those mistakes that a twenty year old made will not affect me until the day I am laid to rest. This is why I respectfully request that you upgrade my discharge status to General/Under Honorable Conditions and upgrade my reenlistment code to allow me to enlist in the Naval Reserves. I know that I would be a great asset to our country and could do many, many great things. I just ask that you give me the opportunity to correct the largest mistake I have made in my life and allow me another chance to prove that I am an honorable Sailor that will serve our nation proud.

I want to be able to speak to my children about my military service with pride instead of shame. Even if you wish to deny my upgrade request on my discharge, I ask that my reenlistment code be upgraded to allow me the opportunity to serve our country again, and I know when I retire my discharge at that time will be one with honor and pride.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Character Reference Letter from D_ S_ (2 pages)
Character Reference Letter from H_ T_
Character Reference Letter from R_ L. A_
Character Reference Letter from L_ A_
Character Reference Letter from E_ L_
Character Reference Letter from L_ A. G_
Character Reference Letter from C_ M_
Character Reference Letter from B_ R_
Character Reference Letter from D_ J_
Character Reference Letter from G_ H_
Character Reference Letter from J_ L_
Character Reference Letter from J_ H_
Character Reference Letter from V_ J_
Character Reference Letter from S_ B_
Character Reference Letter from S_ P_
Character Reference Letter from A_ R_
Character Reference Letter from L_ W_
Character Reference Letter from J_ R. E_
Character Reference Letter from A_ W_
Character Reference Letter from M_ S_
Character Reference Letter from P_ S_
Character Reference Letter from A_ H_
Second Character Reference Letter from J_ E_
Character Reference Letter from T_ W_
Character Reference Letter from S_ E_
Character Reference Letter from S_ T. P_
Certified Hotel Administrator Certificate, American Hotel and Lodging Association
Certificate of Appreciation, Bowl for Kids’ Sake Campaign, Big Brothers Big Sisters
General Manager of the Year and Outstanding Leadership Award Winners, Amerihost Inn & Suites
Congratulations Note from L_ H_
Newspaper Clipping
Years of Service Award, Amerihost Inn & Suites Athens
Recognition of Outstanding Efforts in Community Service, Amerihost Inn & Suites Athens
2004 Certificate of Appreciation, Republican National Committee
Certificate of Appreciation, Bowl for Kids’ Sake Campaign, Big Brothers Big Sisters
Second Runner Up, General Manager of the Year, Amerihost Inn & Suites Athens
Certificate of Completion for TripRewards
Certificate of Completion, Ramada General Manager Certification
Certificate of Completion, Planning and Control of Food and Beverage Operations, American Hotel and Lodging Association
Certificate of Recognition, National Republican Party
National Leadership Award, Honorary Co-Chairman of the Business Advisory Council, National Republican Congressional Committee
Golden Host Award, Athens County Convention and Visitors Bureau
Certificate of Appreciation, Bowl for Kids’ Sake Campaign, Big Brothers Big Sisters
General Manager of the Year Award, AH Innsider (2 pages)
American Red Cross Award for Outstanding Support in Service to Our Community
Certificate of Appreciation, Adopt-A-Room Project, Big Brothers Big Sisters of Athens
American Red Cross, Thank You to Amerihost Inn
Pioneer Merit Award, Arlington Hospitality, Inc.
President’s Award for Highest GOP Over Budget, Arlington Hospitality, Inc.
Community Service Award for Outstanding Service to the Local Community, Arlington Hospitality, Inc.
Outstanding Leadership Award for Consistently Outstanding Performance in Hospitality Management, Arlington Hospitality, Inc.
Spirit of Hospitality Award for Excellence in Guest Services, Arlington Hospitality, Inc.
Recognition Award for Inaugural Year of Service with Amerihost Staffing, Inc.
Muscular Dystrophy Association Lock-Up “Jailbird” Award
Certificate of Completion, General Manager’s Training Program, Arlington Hospitality, Inc.
Certificate of Completion, Going the Extra Mile: Service Skills for the Front Desk Employees, American Hotel and Motel Association
Certificate of Achievement for Successful Completion of Basic Unarmed Security Guard Course, Pueblo Community College
Copy of Applicant’s DD Form 214
Character Reference Letter from G_ T_
Criminal Records Check, dated 23 SEP 2004
Letter of Appreciation from O_ L. N_
Character Reference Letter from J_ C. S_
Special Notes
Roomers, Innsiderinfo
Copy of Applicant’s Security Officer Identification
Certificate of Appointment, Yeoman Third Class, United States Navy
Letter from Applicant
Note on Bridal Show Event
Note on Muscular Dystrophy Association Annual Jail & Bail
Note on Secretaries Day Celebration
Note on March of Dimes Walk America
Note on Ohio University Athletic Luncheon
Note on “Back to School” Project (2 pages)
Pictures
Note on Barn Raisin’ 2000 Program
Note on Tree of Lights Program
Note on Breakfast with Santa Program
Note on New Year’s Eve Family Night
Note on Performing Arts Series
Note on Adopt-A-Highway
Bridal Show
Amerihost Inn Youth Soccer Program
Secretaries Day Celebration
Bowl for Kids’ Sake
Pictures
7 th Annual Chamber Golf Outing
Pictures
Ohio University Athletic Luncheon
March of Dimes Walk America
Pictures
American Red Cross, Disaster Relief Fundraiser Blood Drive, Pillow & Blanket Donation (3 pages)
Thank You Note
Pictures (6 pages)
Big Brothers Big Sisters, Adopt-A-Room Project (2 pages)
Newspaper Clippings (2 pages)
Thank You Notes (2 pages)
Pictures (3 pages)
Athens Youth Ice Hockey Pool Party
Adopt-A-Highway
Thank You Note, Stuart’s Opera House
Thank You Note, Ohio University Campus Recreation
Thank You Note, Student Campaign Advancement Committee
Bridal Show
Secretaries Day Celebration
Corvette Cruise-In for Kids
Bowl for Kids’ Sake
Amerihost/Rolling Thunder Run For Freedom 2003 (2 pages)
Letter from B_ A. B_
Letter from E_ M_
Letter from A_ P_
Thank You Letter from A_ M. B_
Thank You Letter to the Editor, The Messenger, Athens, Ohio
Salute the Troops
Teacher of the Year
Thank You Letter from A_ L_ G_
Chili Bowl Cookoff
Pictures
Thank You Note
Thank You Letter from K_ C_
Thank You Note
Thank You Letter from M_ T_
Thank You Letter from Z_ P_
Thank You Note
Thank You Letter from E_ B_
Thank You Letter from D_ M_
Thank You Note
Thank You Note
Thank You Letter from B_ M_
Thank You Note
Good Luck Note
Thank You Letter from M_ A. T_
Thank You Note
Thank You Letter from L_ P_
Thank You Letter from B_ T_
Thank You Letter from A_ H. B_
Thank You Letter from C_ H_

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     920417 - 921012  COG
         Active:                            None

 Period of Service Under Review :
Date of Enlistment: 921013               Date of Discharge: 941107

 Length of Service (years, months, days):

         Active: 02 00 25 (Does not exclude lost time)
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 86

 Highest Rate: YN3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.60 (2)    Behavior: 3.20 (2)                OTA: 3.60

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: 105

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

930716:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 0715-1315 on 930712, violation of UCMJ Article 111: Drunken or reckless driving on or about 930709.
         Award: Oral reprimand, forfeiture of $407.00 pay per month for 2 months, restriction and extra duty for 45 days, reduction to E-1. No indication of appeal in the record.

930823:  Commanding Officer set aside award of forfeitures this date from NJP of 930716. All other punishment from NJP remains extant.

931103:  Commanding Officer set aside punishment in full this date from NJP of 930716.

931217:  Commanding Officer set aside NJP of 930716. Member found not guilty of all charges by new evidence. All rights and privileges restored to member.

940531:  Applicant commenced a period of unauthorized absence this date.
940630:  Applicant declared deserter this date.

 940708:  BUPERS closed administrative separation proceedings against Applicant in view of Applicant’s unauthorized absence status. Advised that Applicant may be reprocessed upon return to military jurisdiction and completion of disciplinary action, if appropriate.
940913:  Applicant terminated a period of unauthorized absence this date [105 days].
941007:  NJP for violation of UCMJ, Article 86: Unauthorized absence from on or about 940531 to or on about 940913, violation of UCMJ Article 92: Disobey a lawful order.
         Award: Forfeiture of $483.00 pay per month for 2 months, restriction and extra duty for 5 days, reduction to E-3. No indication of appeal in the record.
941007:  Applicant notified of intended recommendation for discharge with a least favorable characterization of under other than honorable conditions by reason of misconduct due to drug abuse and by reason of misconduct due to the commission of a serious offense.
941007:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27(b), elected to waive all rights. Applicant did not object to the separation.
941011:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse and by reason of misconduct due to the commission of a serious offense.

941021:  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 19941107 under other than honorable conditions for misconduct due to commission of a serious offense (A and B). The Board presumed regularity in the conduct of governmental affairs (C). 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 (D and E) at the time of issuance. However, after consideration of the Applicant's substantial post service accomplishments and good citizenship, the Board determined that, by a vote of 3 to 2, that partial relief was warranted.

Issue 1: A fter consideration of the Applicant's post service documentation, the Board determined that partial relief is warranted based upon equitable grounds. The Applicant provided a myriad of verifiable personal and employment references, a transcript, a criminal records checks, certificates of professional achievement and excellence, and letters, notes, news clippings, and photographs, detailing his extensive community leadership, service and involvement. Based upon the nature and quality of his conduct and community service since discharge, the Applicant has demonstrated a commendable and sustained level of commitment to civic service and leadership. Such a strong commitment provides the Board with a more thorough understanding of the Applicant’s performance during the period of his service and establishes grounds for the Board to upgrade an otherwise proper and equitable discharge. After a careful review of the Applicant’s documented post service achievements, in addition to his official service record and other supporting documentation, the Board found that partial relief is warranted for equity reasons.

Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, NDRB is not authorized to change a reenlistment code. An unfavorable “RE” code is, in itself, not a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.

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 any further 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 9, effective
22 Jul 94 until 02 Oct 96, Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – COMMISSION OF A SERIOUS OFFENSE.
B. Under the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Article 86, for unauthorized absence for a period in excess of 30 days, if adjudged at a Special or General Court-Martial.
C. 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.

D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety .

 E. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity .


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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