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NAVY | DRB | 2005_Navy | ND0500045
Original file (ND0500045.rtf) Auto-classification: Denied


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


ex-CTOSA, USN
Docket No. ND05-00045

Applicant’s Request
The application for discharge review was received on 20041007. 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 20050107. 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)/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues, as stated
Applicant’s issues, as stated on the application:

 1. “At the time of my enlistment I was 19. I was young and stupid. Since that time I have been in Law enforcement and involved at church and with family. I’ve been a deputy Sheriff since 4/02. I am drug free and have no criminal record. I protect and serve in my community. I am now 28 and would like to further my education and better financially support my family. Ultimately obtaining a position in a State Correctional Facility or within another state funded career. For this purpose I respectfully request that my general discharge be lifted to an honorable one. My request purpose is solely for career opportunities. I am not the same person I was then. Thank you.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Diploma for Municipal Police Training, dated August 15, 2002
Johnston regional Police Certificate of Recognition, dated August 15, 2002
Certificate of Completion for Deputy Sheriff, dated 03/17/2003-03/28/2003
American Red Cross Certification for Emergency Response Certification, dated August 12, 2002
American Red Cross Certification for Standard First Aid Certification, dated June 27, 2003
Certificate of National Rifle Association of America training course, dated June 16, 2002
National Rifle Association of American Sharpshooter Certificate, dated June 16, 2002



PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)              960227 - 960305  COG
          Active: None
Period of Service Under Review :
Date of Enlistment: 960306               Date of Discharge: 961125

 Length of Service (years, months, days):
         Active: 00 08 20
          Inactive: None
Age at Entry: 19                          Years Contracted: 4

Education Level: 13                        AFQT: 64
Highest Rate: CTOSA

 Final Enlisted Performance Evaluation Averages (number of marks):
Performance: NMA*                          Behavior: NMA             OTA: NMA

 Military Decorations: None
Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: None
*No marks assigned
Character, Narrative Reason, and Authority of Discharge (at time of issuance):

GENERAL (UNDER HONORABLE CONDITIONS)/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

960905:  Retention Warning: Advised of deficiency (VUCMJ, Article 134, Underage drinking), notified of corrective actions and assistance available.
960909:  NJP for violation of UCMJ, Article 134: Wrongfully possess and consume alcoholic beverages.
         Award: Forfeiture of $490 per month for 2 months, restriction and extra duty for 30 days. No indication of appeal in the record.
961107:  NJP for violation of UCMJ, Article 86: Failure to go to appointed place of duty, violation of UCMJ, Article 92: Failure to obey order, violation of UCMJ, Article 107: False official statement.
         Award: Forfeiture of $437 per month for 1 month, restriction and extra duty for 45 days. No indication of appeal in the record.

 961107:  Applicant notified of intended recommendation for discharge with a least favorable characterization of general (under honorable conditions) by reason of misconduct due to a pattern of misconduct.
961107:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ, Article 27(b), elected to waive all rights.

961211:  Commanding Officer advised CHNAVPERS that Applicant was discharged on 27 November 1996 with a general (under 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 19961125 with a general (under honorable conditions) discharge 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: T he Board has no authority to upgrade a discharge for the sole purpose of enhancing employment opportunities. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge. No such error or inequity is evident during the Applicant’s enlistment. Relief denied.

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. The Applicant’s service was marred by award of nonjudicial punishment (NJP) on two occasions for violations of the UCMJ, Article 86 (Place of duty violation), Article 92 (Orders violation), Article 107 (Making a false statement), and Article 134 (Wrongfully possessing and consuming alcoholic beverages). The Applicant’s conduct, which forms the primary basis for determining the character of her service, reflects her 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. An upgrade to honorable is inappropriate. 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. The Boards commends the Applicant on her extensive public service, however, t he evidence of post-service conduct was found not to mitigate her misconduct sufficient to warrant an upgrade to her discharge. 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. Therefore, relief is inappropriate.
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 her 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 14, effective 03 Oct 96 until 11 Dec 97), Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – A PATTERN OF MISCONDUCT.

B. 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.

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

 D. 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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