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


FOR OFFICIAL USE ONLY


ex-AA, USN
Docket No. ND05-00597

Applicant’s Request

The application for discharge review was received on 20050223. The Applicant requests his Discharge Characterization of Service changed to uncharacterized, general under honorable conditions or entry level separation. The Applicant requests a documentary record discharge review. The Applicant designated a member of Congress as his representative on the DD Form 293. Members of Congress do not normally represent Applicants before the Board. The Applicant must obtain written authorization from the Congressman. Since the Board did not receive such authorization, the case was reviewed without representation.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20050811. 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 characterization of discharge shall not change. The discharge shall remain Under Other Than Honorable Conditions in lieu of a trial by court-martial .

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PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the attached document:

“6. ISSUES

I believe that my discharge from the U.S. Navy should be upgraded due to the following reasons which I will explain. After reading this I hope and pray that you will be compelled to upgrade my status. I would like to receive a General discharge under Honorable Conditions or a Entry Level Separation. Just any discharge that would not be derogatory. I reported for boot camp at R.T.C Great Lakes on August 21, 2000. I remained there until September 15, 2000 the day I went UA. I do not intend to make excuses for my actions, but I intend to paint you a picture of what I was feeling at this point in my life.

When I enlisted in the Navy, I enlisted in the delayed entry program under my biological fathers last name, which was J_ M_ S_ at the time. This was done due to my biological father not signing the papers allowing me to change it. So I waited until I turned 18 and I changed it myself. I changed it to my step fathers last name R_. Now all of this was done prior to my departure date on Aug. 21, 2000. The Navy recruiters were made aware of this change, on aug. 3, 2000 the day that I received my paperwork from the courts, and assured me that this would be taken care of as soon as possible. I made several visits and several phone calls to make sure that it was actually done and each time I was told that it was already taken care of. Than on Aug. 21, 2000, my ship date, I reported to the Military Entrance Processing Station only to find out they it was not taken care of. No one there knew anything of this matter. So I showed them all my paperwork and explained to them what was going on. They also assured me that they would make it right before I left for boot camp. Upon the time to leave, Chief Petty Officer I_ pulled me aside and said that there was nothing that he could do about it. He told me to tell them as soon as I arrived at RTC Great Lakes. I said okay and got on the plane. I arrived at Chicago O’Hare and reported to the USO office. I again attempted to explain what was going on to the RDC’s that were in the office. They did not seem to care whatsoever. One of them said to me that, “it’s not my problem and that I should have taken care of this before I left”. So I explained to them that I did! And again they gave me the same answer. And told me to tell them at Great Lakes when I arrived. So then I arrive at Great Lakes and attempt to tell them too. Again no one seemed to care. Than as boot camp progressed, I received my uniform with my old last name of S_ on them. I then again attempted to tell my own Recruit Division Commanders. And yet again I got no where. Than the time comes to fill out more paperwork and set up our method that we would be paid. And no one in Recruits receipts knew anything about my situation and told me that I could not get paid while I was in boot camp. I couldn’t set up direct deposit with my bank because of the name discrepancy. So I tried to open up an account with the Navy banks on base and I had the same problem. I tried to explain to everyone that I have bills to pay and that I cannot go two and a half months without a paycheck. And once again I ran into a brick wall. At this point I am really scared and confused. I did not know who else I could tell or what else to do. I then went to my Officer in Charge of our ship, and they told me that it would be taken care of at my next command. And I tried to explain that this is what I have been told the whole time and everyone keeps telling me the same thing. And they said that there was nothing that could be done and that I’d have to deal with it. At the same time all of this is going on, my father was on the phone to anyone and everyone he could talk to about this matter. He also ran into the same brick walls that I was running into. He even talked to the base legal department and nothing was done. So here I am trying to figure out what to do and trying to deal with what’s going in in boot camp. Than in week two of boot camp I started feeling pain in my chest when our division was doing PT. I was told to go to medical and tell them. I reported to medical and told the doctor what my problem was. I explained that I have a hard time keeping my breathe in the runs. I feel like I’m going to pass out. So he asked if I have any medical problems. And I said not that I know of. He than ordered my civilian medical records. The records revealed that I had a slight asthma condition at three years old. I was not even aware of this, it was news to me. He than explained to me that I was suffering from asthma. And said that he would start my paperwork for separation. And I refused! I explained to him that this is what I want too do! I do not want to be discharged. And he talked with me some more and agreed if I wanted to stay and tough it out, that I could. He gave me a prescription for an inhaler and sent me back to my division. Now the inhaler did help but I was still having a hard time. Now my condition was not do to being out of shape or over weight. I was 5’9” and 150 pounds at the time. I was told to report back and see how my condition was doing. This time I had a different doctor. He basically treated me as if I was lying about my condition. I explained to him that that I was not lying and that I had every intention of staying in the Navy. I was not looking for a way out like so many others tend to do up there. So he too looked at my civilian medical records and saw that I had an asthma condition when I was three years old. He than looked at me and said why didn’t you disclose this before entering the Navy? And I told him that ii was not aware of it! I guess that he didn’t believe me because he than asked me what rate did I enlist for? And I told him AT. And he said well since you did not disclose this pre-existing medical condition that I would not be able to stay in my rate. I would be placed were the navy needed people. He said that this would disqualify me from entering my rate and that my contract would be null and void due to my deception. At this point I am really scared! With all the things that are going on at this point in my life I just started to loose my head. A few more days went by and I made the decision to pack up my stuff and just leave. I did not know what else to do. I felt so helpless at that time and that just seemed like the right thing to do. Un fortunately I know now that it was the stupidest thing that I could have ever done. I just backed up my belongings and walked right out the front gate and went and got something to eat at burger king. I had my ATM card so I went and took out some cash to get a ticket home. I only had forty dollars in my account so I had to use a credit card to get home. And these are the detailed events of my time in boot camp.

When I got home I really didn’t talk about what I did and I just told my parents that I was medically discharged. I let some time go by before I tried to get help for my situation. I didn’t know if I was really going to be in any trouble or not. I started contacting the navy and the navy Chaplains. It just seemed as if everyone was telling a different thing. I would ask ten questions and get ten different answers. So I just decided to get a job and work so I could pay my bills. Over the period of my UA I did inquire about what I need to do, but I never really received an answer that was repetitive. Such as different people telling me the same thing. Those ten months of my life were the worst ten months of my life. I was constantly thinking and I had this tremendous weight on my mind all of the time. I couldn’t sleep. I was sick all of the time. I was just a complete mess and everyone who knew me took notice. Eventually, a Pinellas County Sheriffs Deputy ran my license plate and the warrant for my arrest came up. I was parked at the beach. Ironically, It was my 20 ^th birthday. I was just sitting out there thinking to myself and talking to God. I just sat there and thought about where my life was going and where I was headed. That very moment the deputy walked up to me at about 12:30AM and asked me if I owned a Mitsubishi Eclipse. And I said yes sir. And he asked me if I had any identification. And I gave him my driver license. He looked at it and said, “Mr. R_ turn around and put your hands behind your back”. My heart dropped so fast into my stomach and I just thought, “Oh My God”! He went on to explain to me what was going on and that I was under arrest. And we both started to calm down and he told me that he was a diver in the navy for six years. And he asked me why I did what I did and I tried to make a long story short and tell him. I asked him if I could call my dad and have him come up here to get my car and he said yes. We were just talking until my mother and father arrived. As soon as I saw them, I felt like the biggest piece of shit! Just looking at them and seeing the disappointment in there eyes was enough to almost kill me. My mom and dad were both crying as was I. And my dad just looked at me and said he loved me no matter what and that he felt so helpless because there was nothing that he could do to help his son. It was the first time in his life that there was nothing he could do to protect his son. I was than taken to the Pinellas County Jail. I sat there for five long days doing nothing but thinking and just hoping that this was all a bad dream. Eventually the people came to transport me to Naval Air Station Jacksonville. I was placed in the bring as a detainee. I eventually spoke with a JAG lawyer and was told of my situation. Of course I was a mess, but that was a time in my life were I had to “man up”. Something that I should’ve done in From desertion to unauthorized absence. That really made me feel a little bit better. Then the day came when I was told that I was being discharged under Other Than Honorable Conditions. It was a relief when I heard that. I was taken to the Transient Personal Unit to wait for processing. Than on September 24, 2001 I was given my paperwork and it was all over. It just was the best feeling in the world not to be burdened with what I was burdened with before. There was so much weight off of me.

I than arrived home and started to get my life back on track and move on. I just kept reflecting on what happened in my young life. I just started thinking about what I wanted to do with my life and and trying to find some direction. As time passed I decided that if I wanted to get somewhere in life that I would need to go to college. So I went down took the placement tests and enrolled. I started working with my uncle who has a lawn business and just went to class on my off time. Then I applied for a job at Dillard’s dept store and was hired. I started this job on February 7, 2003. While working at Dillard’s I continued to attend college. Than the location that I was working at closed so I was transferred to another location. I started at Dillard’s at the bottom. I was working on the dock unloading trucks. Since I was a good worker and stood out, I was given a position at the other location as loss prevention supervisor. I have been at this location since January 2004. I love this job that I am in. it is very interesting. I am continuing my education in college and things are going very well for me so far. But there is really something missing from my life. Ever since I was a young child, I wanted to be a cop. Call me crazy but that’s what I always wanted to do. I even went to the Criminal Justice Magnet program for four years while I was in high school. I graduated from that program as well as with the regular high school program. Although after high school I was not really interested in criminal justice any longer probably due to being young and dumb. I just thought that I was ten feet tall and bullet proof. And I was just wanting to get out of where I was so I saw the Navy and jumped at the opportunity. Now the reasons as to why I have made this so long and descriptive is as follows. I truly believe that everything happens for a reason. There are events that take place in one’s life to prepare them for the next step in their lives. Everyone makes mistakes. Everyone is human and it is human nature to make mistakes. I also believe that if one makes mistakes that one should learn from these mistakes. If one doesn’t learn than they will keep making the same mistakes and that is a tragedy. But if one who makes a mistake and picks up the pieces and moves on with there life wiser than what they were before, then they have learned what God has intended them to learn. Now what I want to say to the members on the board is as follows: I made a horrible mistake in my young life. I do with all of my heart regret what I did when I was 19, but I do not regret what I have learned from this experience. I have learned what is important in life and what life is all about. I have had nothing but time to sit and reflect on my life and the choices that I have made. And I have come to a decision, I have learned never to quit on anything ever again no matter how big or how small something may be. Quitting is no longer an option for me. All of these events that have taken place in my life have made me who I am today. I would not be the same person if all of this did not take place in my life. So I have learned to find the good with this situation. I have grown and matured as a person and the navy has given me determination and character. Although not the way that the Navy intended me to obtain these values, but all in all I did. It took some time and reflecting on my part, but nothing but good has come from what I have gone through. I know that I was wrong in just leaving the navy on that September day. It’s something that I truly think about daily. I know what I want to do with my life and I hope that the board will take into account what I have said in this letter. I still want to serve this Great Country, but in a different way. I want to be a police officer and fight for freedom on our homeland. This decision did not just come to me over night. It was a decision that took all my life to realize. It also took all of these events to take place in my life to make me realize this. This is a decision that I have made with my heart and mind. And I am not seeking any benefits or anything like that, I just simply want my discharge not to reflect anything derogatory so that I may pursue my career. So please, if the Navy may find a way to excuse my actions from when I was younger, I will make them proud by being a law enforcement officer. I have never ever been in any kind of trouble either as a juvenile or as an adult. I have never been arrested for anything else other than for the Navy. Honest to God himself I have never had even a speeding ticket. Please just take all of these factors into consideration in my case. A lot more good can come from my discharge being upgraded rather tan it not being upgraded. Just give me the chance to be what I started out to be, a proud civil servant. I have most definitely had my life on track after the navy and have demonstrated that I am of good character through attending college full time and working a full time job. I understand if one wants to get somewhere in this world that they have to work hard to get there and make things happen for themselves. Please give me a chance to make my work payoff by letting me do the job that I have always wanted to do. And I assure all of you that I will not any longer be a disgrace to the U.S. Navy, but I will be a proud successful veteran. One who the Navy eventually made a man out of. All in all, I want the navy to give me a chance to be the man that I am today, and not the child that I was back then.

Along with all of this I work with many members of the Florida Highway Patrol at Dillard’s. the company employs them on their of duty time to work with loss prevention to catch shoplifters. Over the past year I have come to know a lot of the Troopers. They have come to know me and my situation. They all back me 110% with the appeal process. One of the Troopers is a retired Senior Chief. His name is B_ P_. He is the man who has helped me fmd out what I can do to improve my situation with the Navy. He has given me advice and inspiration to pursue this matter. B_ P_ can vouch for my character as well as the following State Troopers. I will include all their names and phone numbers where they can be reached if you decide to question them on my character. All of them have assured me that they will stand with me and give true testimony of who I am as a person. And why they think that my upgrade should be considered.

FHP Trooper J_ P_ (Telephone number(s) deleted)
FHP Troop C Brooksville Station (number deleted)
FHP Corporal W_ C_ (Telephone number deleted)
FHP Troop C Tampa station (number deleted)
FHP Trooper B_ P_ (Retired Senior Chief) (Telephone number deleted)
FHP Troop C Tampa Station (number deleted)
FHP Trooper J_ S_ (Telephone number deleted)
FHP Troop C Land O’Lakes Station (number deleted)
FHP Trooper B_ M_ (Retired Major USAF) (Telephone number deleted)
FHP Troop C Tampa Station (number deleted)
FHP Trooper D_ C_ (Telephone number deleted)
FHP Troop C Tampa Station (number deleted)
FHP Trooper R_ V_ (Telephone number deleted)
FHP Troop C Brooksville Station (Number deleted)

Please take into consideration what these gentleman have to say about me. Some people get a second chance to make things right. I am hoping that I may get a second chance to prove to everyone that I can wear a uniform for this country and make It proud.”

Documentation

In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:

Applicant’s DD Form 214
Employment print out of 20050417
2004 W-2 from Dillards, Inc.
Letter of reference B_ M_, Maj (retired) USAF, (undated)
Letter of reference W_ C_, Corp FHP, (undated)
Letter of reference J_ P_, FHP, (20050405)
Letter of reference J_ P_, FHP, (undated)
Letter of reference J_ S_, FHP, (20050405)
Letter of reference D_ O. C_, (20050329)
Letter of reference R_ V_, FHP, (undated)
Letter of reference J_ P_, Assist Store Manager Dillard’s (20050325)
Letter of reference M_ R. G_, AT3 USN, (20050405)
Letter of reference A_ J. R_, Mother (undated)
Letter of reference E_ D. R_, Father, (undated)
St. Petersburg College unofficial transcript
Consolidated Justice Information System print out, 3 pages
Copy of drivers license
Letter of admittance to University of South Florida, (20050426)
University of South Florida transfer credit summary report, 2 pages
Letter of reference R_ H_ FHP, (20050425)
Letter from Applicant regarding administrative discharge package not contained in record, (20050720)

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PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

        
         Inactive: USNR (DEP)     200000331 – 20000820    


Period of Service Under Review :

Date of Enlistment: 20000821             Date of Discharge: 20010924

Length of Service (years, months, days):

         Active: 01 01 03         (Does not exclude lost time.)
         Inactive: None

Time Lost During This Period (days):

         Unauthorized absence: 328 days
        
Age at Entry: 18

Years Contracted: 4

Education Level: 12                                 AFQT: 69

Highest Rate: AA

Final Enlisted Performance Evaluation Averages :

Performance: NA  Behavior: NA     OTA: NA

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214) : None

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

UNDER OTHER THAN HONORABLE CONDITIONS/ IN LIEU OF TRIAL BY COURT MARTIAL, authority: MILPERSMAN, Article 1910-106 (formerly 3630650) .

Chronological Listing of Significant Service Events :

000915:  Applicant to unauthorized absence.

010810:  Applicant from unauthorized absence, apprehended.

010924:  Applicant discharged.

Service Record did not contain the Administrative Discharge package.

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PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20010924 in lieu of a trial by court-martial (A and B) with a service characterization under other than honorable conditions. After a thorough review of all available records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D). The Board presumed regularity in the conduct of governmental affairs (E).

Normally, to permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question. After a thorough review of Applicant’s case the Board discovered no impropriety or inequity. When the service of a member of the U.S. Navy has met the standard of acceptable conduct and performance, it is appropriate to characterize that service as honorable. A under other than honorable conditions discharge 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. Certain serious offenses warrant separation from the naval service in order to maintain proper order and discipline. The Applicant’s service was marred by his violation of UCMJ Article 86 (unauthorized absence). The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Navy. Therefore the Board found his under other than honorable conditions characterization appropriate. Relief is not warranted.

In the absence of a complete discharge package, the Board presumed regularity of governmental affairs. Therefore, the Board presumed the Applicant requested discharge to escape trial by court-martial, had the elements of the offense for which he was charged fully explained by counsel, admitted that he was guilty of the offense and that he had a complete understanding of the negative consequences of his actions. The evidence of record does not demonstrate that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions. Relief denied.

For the edification of the Applicant, regulations define eligibility for uncharacterized or entry-level separation characterization as when a member is notified of intended recommendation for discharge within the first 180 days of enlistment. The Applicant’s issue is without merit. Relief Denied.

The Board has no authority to upgrade a discharge for the purpose of obtaining employment; this issue does not serve to provide a foundation upon which the Board can grant relief. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge. Relief Denied.

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 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 submitted the following documentation; twelve personal references, proof of employment and documentation of educational pursuits. After careful consideration, the Board concluded the Applicant’s post-service achievements have been insufficient to mitigate his misconduct while in the Naval service. Relief denied.

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 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 29, effective
11 Jul 2000 until 21 Aug 2002, Article 1910-106 (formerly 3630650), SEPARATION IN LIEU OF TRIAL BY COURT-MARTIAL.

B. A punitive bad conduct discharge may be adjudged for violation of the Uniform Code of Military Justice, Article 86, (unauthorized absence for a period more than 30 days) upon conviction by a Special or General Court-Martial, in accordance with the Manual for Courts-Martial.

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 .

E. 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.

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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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