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NAVY | DRB | 2006_Navy | ND0600393
Original file (ND0600393.rtf) Auto-classification: Denied


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


 FOR OFFICIAL USE ONLY

ex-BTFA, USN
Docket No. ND06-00393

Applicant’s Request
The application for discharge review was received on 20060111 . The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable . The Applicant requests a documentary record discharge review. The Applicant did not designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20061108 . 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) by reason of misconduct due to commission of a serious offense.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues, as stated

 Applicant’s issues, as stated on the application:

“ I want an honorable discharge upgrade so I can receive my G.I. Bill benefits which I paid into as a young navy man .”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Member 1)
Letter from Department of Veterans Affairs Regional Processing O ffice, dtd October 7, 2005

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19930429 - 19930621       COG
          Active: None
Period of Service Under Review :
Date of Enlistment: 19930622              Date of Discharge: 19970214

Length of Service (years, months, days):

          Active: 0 3 0 7 23
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: None
         Confinement:              None

Age at Entry: 1 7 (Parental Consent)

Years Contracted: 4

Education Level: 12                                 AFQT: 65

Highest Rate: BTFN

Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.8 ( 2 )              Behavior: 2.8 ( 2 )                          OTA: 2.80

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): National Defense Service Medal, Sea Service Deployment Ribbon , Armed Forces Expeditionary Medal, Southwest Asia Service Medal with Bronze Star .


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

GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: MILPERSMAN, Article 3630605.
Chronological Listing of Significant Service Events :

930429:  Enlistment waiver granted for one non minor misdemeanor (simple assault).
930429 :  Additional local waiver granted for p re-service drug usage two time mescaline.

930622:  Date Applicant enter Active Duty

 940915:  NJP for violation of UCMJ, Article 86 (2 specs): Going from appointed place of duty and failure to go to appointed place of duty.
 Award: Forfeiture of $466.00 pay per month for 1 month, restriction for 45 days (15 days suspended for 6 months), extra duty for 45 days (suspended for 6 months), reduction to E-1 (suspended for 6 months). No indication of appeal in the record.
940929:  Reduction in pay grade awarded at NJP on 940915 vacated due to continued misconduct.
940929:  NJP for violation of UCMJ, Article 91: Insubordinate conduct towards a Petty Officer.
 Violation of UCMJ, Article 128: Assault.
          Award: Forfeiture of $416.00 pay per month for 1 month, restriction and extra duty for 15 days. No indication of appeal in the record.
941007:  Retention Warning: Advised of deficiency (940929 CO’s NJP for violation of UCMJ Article 91-Insubordinate conduct towards a petty officer and Article 128-Assault; 940915 CO’s NJP for violation of UCMJ Article 86 (2 Specs)-going from appointed place of duty, and failure to go to appointed place of duty), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.






9 61105 :  NJP for violation of UCMJ, Article 86 : Unauthorized absence .
          Violation of UCMJ, Article 9 0: Disrespect towards a Commissioned Officer.
Violation of UCMJ, Article 91 : Disrespect towards a Non-commissioned Officer .
         Award: R estriction and extra duty for 3 0 days, reduction to E- 2 . No indication of appeal in the record.
970204 :  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as general (under honorable conditions) by reason of misconduct due to commission of a serious offense and misconduct due to a pattern of misconduct as evidenced by service record entries.

970205 :  Applicant advised of rights and having elected not to consult with counsel , elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation .
970303 :  Commanding Officer, Transient Personnel Unit, Norfolk forwarded the administrative discharge package to CNP.


PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 19970214 by reason of misconduct due to commission of a serious offense (A and B) with a service characterization of general (under honorable conditions). 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).

The Applicant introduced one issue for consideration by the Board.
The Applicant request a discharge characterization upgrade to honorable. 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 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 one retention warning and 3 nonjudicial punishment proceedings for violation of Articles 86 (unauthorized absence), 90 (Disrespect towards a Commissioned Officer), 91 (Insubordinate conduct towards a petty officer) and 128 (Assault) of the UCMJ. 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 and falls far short of that required for an upgrade of his characterization of service. Relief is not warranted.

The Applicant is seeking an upgrade so that he can receive G.I. Bill benefits. The Veterans Administration determines eligibility for post-service benefits not the Naval Discharge Review Board. 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. 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 additional evidence related to this 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 14, effective
03 Oct 96 until 971212, Article 3630605, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – COMMISSION OF A SERIOUS OFFENSE.

 B. The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article s 90 (Disrespect towards a Commissioned Officer), 91 (Insubordinate conduct towards a petty officer) and 128 (Assault).

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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