PART I - APPLICANT’S ISSUES AND DOCUMENTATION
“TO: D.R.B.
RE: Full Reinstatement into United States Navy
On April 28, 2005 I was discharged from the United States Navy for misconduct based on a civilian conviction. My discharge was incorrectly coded Other Than Honorable.
According to Separation by Reason of Misconduct-Civilian Conviction MILPERSMAN 1910-512 the characterization of my separation was inappropriate. The purpose for the administrative process was to determine if misconduct had been committed, whether there was potential future based on my years of service (17 years) and if the misconduct was severe enough to be separated from the Navy.
The evidence presented clearly indicates misconduct. However, the Board failed to give proper weight to my case regarding the retention in the Naval Service. The evidence submitted would have potentially granted me relief from the Appellate Court; which would have enabled me to carry out my duties until completion of my term (three years). Instead I was separated from the Navy and given an Other Than Honorable Discharge.
On February 18, 2005 an Order Setting Conditions of Release from the United States District Court for Eastern District of Virginia was executed releasing me on an unsecured $25,000 bond. As you can see, there are many discrepancies in my case. Therefore, making the separation unethical and invalid.
I have faithfully served my country for over seventeen years. I am dependable, honest and dedicated. I made a mistake and I have truly learned from it. Please do not end my career at this stage in my life. I would like the opportunity to continue serving my country knowing that my service was not in vain. For these reasons, I am humbly asking for you to please consider my request for a full reinstatement based on the facts presented.
Respectfully submitted,
[signed]
A_ A_ M_ SSN. (deleted)”
Documentation
In addition to the service and medical records, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 149, dtd October 12, 2005
Criminal history background check from Jacksonville Sheriff’s Office, dtd September 29, 2005
Applicant’s DD Form 214
Applicant’s DD Form 215
Document entitled “Supporting Document #4”, undtd
Letter from Detailed Defense Attorney to the Commanding Officer, Patrol Squadron Forty-five, dtd February 23, 2005 (2 pages)
MILPERSMAN 1910-142, dtd August 22, 2002 (3 pages)
MILPERSMAN 1910-144, dtd August 22, 2002 (4 pages)
MILPERSMAN 1910-302, dtd August 22, 2002
MILPERSMAN 1910-304, dtd August 22, 2002 (2 pages)
MILPERSMAN 1910-306, dtd August 22, 2002
MILPERSMAN 1910-410, dtd August 22, 2002
MILPERSMAN 1910-508, dtd August 22, 2002 (3 pages)
MILPERSMAN 1910-514, dtd August 22, 2002
MILPERSMAN 1910-518, dtd August 22, 2002 (2 pages)
MILPERSMAN 1910-710, dtd August 22, 2002 (5 pages)
Sailor/Marine, American Council of Education, Registry Transcript, dtd March 21, 2005 (7 pages)
Respondent Exhibit H, character reference from CSCS J_ M. E_, dtd February 10, 2005
Respondent Exhibit G, letter from K_ M. C_, dtd February 5, 2005 (2 pgs)
PART II - SUMMARY OF SERVICE
PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW
NAVY | DRB | 2005_Navy | ND0501044
The Applicant requests that his characterization of service received at the time of discharge be changed to honorable. I WAS TOLD THAT I COULD NOT LONGER SEE HER DURING CAPTAIN’S MAST AND A SUSPENDED BUST FOR 6 MONTHS AND FINED $1,000 FOR 2 MONTHS. Furthermore, both B_ E_ and her father verified the ongoing relationship in their statements and J_ A_ O_ provided 2 additional statements documenting the ongoing relationship between the Applicant and the lady whom he was ordered to stop seeing.
NAVY | DRB | 2006_Navy | ND0600232
The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. Due to continued misconduct, AOAA J _was again awarded NJP on 020920 for violating my restriction orders. At this time, the Applicant has not provided sufficient documentation of post service character and conduct to mitigate the misconduct that resulted in the characterization of discharge.
NAVY | DRB | 2001_Navy | ND01-00468
ND01-00468 Applicant’s Request The application for discharge review, received 010227, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to completed service. Willing to waive the administrative board if given an honorable discharge with the understanding that if request is denied, admin separation processing will continue and will have the right to elect an admin board or hearing.000316: Commanding officer...
NAVY | DRB | 2005_Navy | ND0500278
The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable or general (under honorable conditions). 832 Firearms dtd, February 1, 2003 thru February 9, 2003 Guard Firearm Permit Medic First Aid Card dtd, February 18, 2003 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USNR (DEP) 19980130 - 19980224 COG Active: None Period of Service Under Review :Date of Enlistment:...
NAVY | DRB | 2005_Navy | ND0501410
The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. PART I - APPLICANT’S ISSUES AND DOCUMENTATION Issues, as stated Applicant’s issues, as stated on the application:“APPLICANT REQUESTS AN UPGRADE OF DISCHARGE FROM “GENERAL, UNDER HONORABLE CONDITIONS” TO “HONORABLE.” APPLICANT INTENDS TO RE-ENLIST, SERVE TWO YEARS ON ACTIVE DUTY AND THEN COMPLETE EIGHT YEAR INITIAL TERM ENLISTMENT AS INTENDED.” The names, and votes of...
NAVY | DRB | 2005_Navy | ND0501368
The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions). 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. Time Lost During This Period (days): Unauthorized absence: 6 days Confinement: None Age at Entry: 26 Years Contracted: 4 (12 month extension) Education Level: 12...
NAVY | DRB | 2005_Navy | ND0501553
The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable and/or the Narrative Reason for Separation be changed to “Uncharacterized.” The Applicant requests a documentary record discharge review. 990825*: Additional Charge I: Violation of the UCMJ, Article 92-Failure to obey a lawful order Specification 1: In that Airman A_ O. K_(Applicant), U S Navy, U S Naval Air Station, Sigonella Sicily Italy on active duty did at U S...
NAVY | DRB | 2005_Navy | ND0501506
Accordingly, I recommend that he be discharged from the Naval service for misconduct due to civilian conviction. At this time, the Applicant has not provided sufficient documentation of post service character and conduct to mitigate the misconduct that resulted in the characterization of discharge. The Applicant can provide documentation to support any claims of post-service accomplishments or any additional evidence related to this discharge.
NAVY | DRB | 2004_Navy | ND04-01324
The Applicant requests the characterization of service received at the time of discharge be changed to honorable. (XXX) XXX-XXXX EXT XXXX.” Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 (Member 4) Applicant’s DD Form 214 (Member 1) PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge):Inactive: USNR (DEP) 010509 - 010518 ELS (DRUG) Inactive:...
USMC | DRB | 2005_Marine | MD0501389
Sep. Board. 040901: An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the Applicant had committed misconduct due to commission of a serious offense, that such misconduct warranted separation, and recommended discharge with a general (under honorable conditions) characterization of service.040917: Applicant from confinement. In the course of reviewing the Applicant’s service record, transcript of the administrative discharge...