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NAVY | DRB | 2006_Navy | ND0600516
Original file (ND0600516.rtf) Auto-classification: Denied


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


 FOR OFFICIAL USE ONLY

ex-RMSA, USN
Docket No. ND06-00516

Applicant ’s Request
The application for discharge review was received on 20060208 . The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable or general (under honorable conditions) . The Applicant request ed a personal appearance hearing. The NDRB advised the Applicant that it normally first conducts a documentary record discharge review and that he would still be eligible for a personal appearance hearing if he requested one within 15 years from his discharge date. The Applicant subsequently requested a documentary 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 20061214 . 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 Under Other Than Honorable Conditions by reason of misconduct due to commission of a serious offense.
The NDRB did note administrative error(s) on the original DD Form 214. Block 24, Character of Service, should read: “UNDER OTHER THAN HONORABLE CONDITIONS .” The Commander, Navy Personnel Command, Millington, TN, will be notified, recommending the DD Form 214 be corrected or reissued, as appropriate.

PART I -

APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant ’s issues, as stated on the application and/or attached document/letter:
“ Dear Sr., Ma’am

My name is R_ P_ ( Applicant )

In 1989 my career as a sailor in the United States Navy began. In retrospect, I recall my excited desire and hopes of serving this wonderful country honorably and faithfully, to make my mother and children proud and to help secure this great nation. However, that did not happen because I was not allowed to complete my enlistment, which I so desperately wanted to champion. Tragically, rather than rescuing an inexperienced, troubled young sailor through a mentoring relationship (or other positive resources) with a senior sailor, my chain of command abandoned me at the time I needed them most. I suppose it’s always easier just to get rid of someone who is constantly in trouble, as opposed to embracing that person and investing the time needed to help them make that tough transition. This is exactly what my chain of command did not do for me, they did not help me, but they hurt me.

I wanted to paint that mental portrait for you because it summarizes my military career. I was a terribly confused, hurting and broken young man trying to fit in; no one reached out to help me, yet everyone wanted to get rid of me. Constantly in trouble, I had fallen into the abyss of selfish immorality and angry displeasure, terribly in need of my commands’ help. With the legal issues mounted against me, the United States Navy decided I was hopeless, worthless beyond any help and separated me. Even so, thirteen years later I have emerged a victor not a victim. Sr., Ma’am, I am not pointing the finger at anyone; I am pointing the fingers at myself. I take responsibility for my actions; I was the cause of my own failures, not my command but me. Nonetheless, I have developed and matured as a result of my past mistakes, truly I have changed, and now I ask your forgiveness, mercy, leniency and help. Still, I am not hopeless and I do believe that if I had been given the right resources it would have made a positive difference in the life of this sailor. Almost from the time I arrived at my first command, I was in trouble. Adjusting to the military life was a very difficult transition for me. I was young and had no vision or depth, and it took me a long time to forgive myself for failing and disappointing my mother, my sons, the Navy and myself I still to this day love the Navy, and would love to serve in the Navy again as a Mortician.

Meanwhile, the reason for this letter is to respectfully ask that you Sr., Ma’am, please consider that it has now been thirteen years since I was discharged from the Navy, I have had a lot of time to reflect and change my heart and I have matured into a better person. Sr., Ma’am, I do not at any time, minimize my less than desirable conduct (to say the least) while in the Navy; however, I can only pray that you share with me the hope and energy of reconciliation. Simply put, Sr., Ma’ am, I have changed, please believe that. Truly I am regretful for my past behaviors and all the bad choices I made while in the Navy; I have honestly and sincerely learned from my many mistakes. For instance, I initially communicated that I felt abandoned and ostracized by my chain of command and superiors while in the Navy. I further stipulated, that if I had only been given additional resources, a mentor perhaps, to assist me with redir ecting that misguided, confused energy, it could have possibly had profound positive recourse in the life of a young sailor.

Therefore, as a result of my relationship with God and His Son Jesus Christ, I have committed my life faithfully to the Lord and remain abated to reaching and helping the criminally disadvantaged, substance and alcohol abusers, and troubled youth. As a matter of fact, I personally monitor gang activities in local cities and schools with the help of worried parents, police officers, counselors, and principals, for the purpose of saving our children before it’s too late.

For the past seven years I have actively been involved with several prison / jail ministries throughout the greater North Carolina. Similarly, I have developed such a love for the ‘vagrants of society’ namely the substance abusers, prisoners and their families, that I founded and continue to lead ‘PAN’ Prisoner Aftercare Network of Cumberland and Sampson County. My responsibilities as the Director of ‘PAN’ include providing resources for recently released prisoners. We offer them food, new clothing, genuine employment leads, shelter locations, telephone privileges, education information, and so much more. We regularly go to the prisons and jails to visit, pray, teach scripture, and just talk to them, thus, demonstrating to them that God has not forgotten them and that He loves them, and so do we. Next, I meet with the Captain of the Jail and his sheriff deputies to arrange donations and the tangible needs of the soon to be released prisoners. In closing, the ultimate purpose of my involvement with criminally disadvantaged and troubled youth is to exhibit charity (love) toward them.

 I hold the hands of murderers nearly everyday; it does not matter to me what they have done. After they have served their time as recommended by the courts, we receive them with open arms. It is our heart depth prayer that they decide to do what is right; we cannot live for them. It is my assignment to provide for them the tools they will need to be productive successful citizens, and the rest is up to them. Sr., Ma’am, it is in this artery that I would like to conclude this brief thesis. Please forgive the length of this paper I wanted you to understand clearly what I am doing with my life now, (and so much more). For example, I graduated from Mortuary College in June 2005 and I currently attend Mt. Olive College in Mt. Olive, NC where I major in Business Administration. My anticipated graduation date is December 2006, and I am amongst the top academic achievers in my class of hundreds with a G.P.A. of 3.86. What’s next for R _ P _ (Applicant) , Graduate School. In closing, Sr., Ma’am I will come to Washington, DC to stand before you respectfully, and humbly. You have only but to ask, and I will come. My honorable discharge means that much to me.
In conclusion, I, R_ P_, respectfully (with all my heart) requests a discharge upgrade from an other than honorable discharge, which I received, to an honorable discharge, which I hope you Sr., Ma’am, feel I have now earned.

Included in this packet are:
Police records from the cities I have lived in since my separation from the Navy. These official records will prove that I am now a productive, contributing, and law-abiding citizen.
Character references from three military officers who know me and trust me.
Ministry license to teach the gospel of Christ.

 Letter of reference from my past supervisor. W _ and I were both employed with a company named S _ S _ that recently relocated to Mexico. I worked for S _ as a Tool and Die Maker for a year and half before they decided to close their doors for good. ”
[NDRB note: This document was not included with the Applicant’s petition.]

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant , was considered:
Applicant ’s DD Form 214 (Service - 2)
Calvary Christian Center Certificate of License, dtd April 21, 2002
 C riminal R ecord Check, Sampson County, NC , dtd March 8, 2004 (3 pages)
 Criminal Record Check, Guilford County, NC , dtd December 20, 2005 (3 pages)
 Character Reference ltr from S_ E. K_, dtd December 19, 2005
Find-A Friend Program letter from J_ B_, M.C.I.P. Coordinator and E_ W_, Governor’s One-On-One Coordinator, dtd November 29, 2004
 Criminal Record Check, Cumberland County, NC , dtd December 16, 2005
 Character Reference ltr from Colonel L_ M. D_, USAF Retired , dtd December 30, 2005
 Character Reference ltr from LCDR E_ J. C_, NC, USNR, dtd January 3, 2006 (2 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19890509 - 19890514       COG
         Active: None
Period of Service Under Review :
Date of Enlistment: 19890515              Date of Discharge: 19930204

Length of Service (years, months, days):

          Active: 03 08 20
         Inactive: None

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

Age at Entry: 18
Years Contracted: 4
Education Level: 12                                 AFQT: 47/36

Highest Rate: RMSN

Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.4 ( 4 )     Behavior: 2 . 6 ( 5 )                  OTA: 2.4 0
Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): National Defense Service Medal, Armed Forces Expeditionary Medal


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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct - commission of a serious offense, authority: MILPERSMAN, Article 3630600.
Chronological Listing of Significant Service Events :

900205:  NJP for violation of UCMJ, Article 117 (2 sp ecs): Wrongful use of provoking words (900103).
         Award: Forfeiture of $ 2 00 . 0 0 per month for 1 month, confinement on bread and water for 3 days (susp for 3 months). No in dication of appeal in the record.
900205:  Retention Warning: Advised of deficiency ( Violation of the UCMJ, Article 117: Wrongful use of provoking words (2 specs) (900130) ) . N otified of corrective actions and assistance available, advised of consequences of further deficiencies, issued disciplinary and discharge warning s .
901109:  Applicant not recommended for advancement due to a complete lack of potential to serve adequately within the U.S. Navy.

 901116:  NJP for violation of UCMJ, Article 107: False official statement (901018).
Violation of UCMJ, Article 117: Wrongful use of provoking words (901003.)
         Award: Forfeiture of $ 3 00 .00 per month for 1 month, restriction and extra duty for 1 0 days. No indication of appeal in the record.
910123:  Civil Judgment render ed against Applicant in the amount of $4,115.84, at Newport News General District Court , Civil Division.

910131:  Applicant not recommended for advancement due to demonstrated unreliability. Applicant indicated desire to make a statement ; however, no statement found in record .
910418:  Applicant requests advancement to E-3.

 910513:  Applicant’s request for advancement to E-3 denied due to continued poor performance. Applicant indicated desire to make a statement ; however, no statement found in record .

920820:  Retention Warning: Advised of deficiency (On 910113, a judgment was rendered against Applicant in Newport News General District court, in the amount of $4,115.84, with interest at 8% from the date of judgment until paid. This judgment was for damages to RMS N_ W_’s automobile in October 1990. Applicant agreed to pay RM2 W_ $150.00 per month un ti l the debt was paid off. ON 920505, Applicant agreed to pay RM3 W_ $16.00 on 920601 and $32.00 per month beginning 30 June until the debt was paid for; once again Applicant failed to meet financial obligations to RM3 W_, by only paying him a total of $233.42 to date. Applicant was advised in the strongest possible terms to commence an allotment to repay RM3 W_. MILPERSMAN 6210140 requires that Applicant pay just financial obligations in a proper and timely manner. In addition, that regulation specifies the responsibilities of commanders towards servicemembers who fail to meet their financial obligations. A pattern of failure to pay just debt can be the basis for disciplinary action under MCM, 1984, Article 134 - Dishonorable failure to pay just debts, as well as the basis for an Other Than Honorable (OTH) administrative separation from the Navy for Misconduct: Pattern of Misconduct as evidenced by a pattern of failing to pay just debts. Further civil action may also be pursued against Applicant by RM3 W_, if he desires. In the interest of systematizing the management of Applicant ’s financial affairs, Applicant is required to submit to the Command Financial Counselor a statement of monthly finances and outstanding obligations. Applicant shall report back to chain of command the results of this meeting, as well as any allotment initiation information ). N otified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
920921:  Civil Conviction: Newport News General District Court for violation of assault and battery, a misdemeanor.
         Sentence: Twelve months on the City Prison Farm, suspended on the following conditions: a) Good behavior for 12 months beginning 920921; b) Payment of court costs.
         [Extracted from Commanding Officer recommendation dtd 920104.]
921 0 20 :  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as under other than honorable conditions by reason of misconduct due to a pattern of misconduct, misconduct due to commission of a serious offense, as ev idenced by punishments under the UCMJ, and misconduct due to recent civilian conviction.

921113 :  Applicant advised of rights and having consulted with counsel, elected to appear before an Administrative Discharge Board.
921130:  NJP for violation of UCMJ, Article 134: Impersonating a commissioned officer, 920903.
         Award: Reduction to E-2. No indication of appeal in the record.

 921216 :  An Administrative Discharge Board, based upon preponderance of the evidence and by unanimous vote, found that the Applicant had committed misconduct due to a pattern of misconduct, misconduct due to commission of a serious offense and misconduct due to civilian conviction , that such misconduct warranted separation, and recommended discharge under other than honorable conditions.
921229:  Director, DONCAF informs Applicant that security clearance is revoked.

 930104 :  Commanding Officer, USS ENTERPRISE (CVN 65) , recommended that the Applicant be discharge d by reason of misconduct due to a pattern of misconduct , misconduct due to commission of a serious offense , and misconduct due to civilian conviction with a characterization of service as under other than honorable conditions . Commanding Officer’s comments: “ Subject member has appeared at CO’s NJP on 3 occasions since reporting on board. He has also pled guilty and been convicted of assault & battery (reduced from rape) at Circuit Court; and has yet to honorably settle a judgment that was rendered against him in General District Court. Consequently, I concur with the findings and recommendations of the administrative board. ”

930122 :  BUPERS directed the Applicant 's discharge by reason of misconduct due to commission of a serious offense with a characterization of service as under other than honorable conditions .


PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 19930204 by reason of misconduct due to commission of a serious offense (A and B) with a service characterization of under other than 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).

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. An 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. T he Applicant’s service was marred by revocation of his security clearance, 2 retention warnings, 2 civil convictions, and 3 nonjudicial punishment proceedings for violations of Articles 107, 117 and 134 of the UCMJ. The NDRB advises the Applicant that certain serious offenses warrant separation from the Navy in order to maintain proper order and discipline. Violations of Article 107 and 134 are considered serious offenses and a punitive discharge is authorized if adjudged at a special or general court-martial. Punitive discharge is also authorized for offenses under the UCMJ analogous to the Applicant’s civil convictions. While the Applicant implies that the Navy failed to properly lead and mentor him, his conduct, which forms the primary basis for determining the character of his service, reflect ed 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 requested that the Board upgrade his characterization of service based on his post-service conduct and submitted some documentary evidence in support of his claims . The NDRB is authorized to consider post-service factors in the recharacterization of a discharge. However, 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 the civilian life subsequent to leaving the service. Normally, to permit relief, a procedural impropriety or inequity must have been found to have existed during the period of enlistment in question. Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review, is considered. The Applicant's efforts need to be more encompassing than those provided. For example, the Applicant could have produced evidence of continuing educational pursuits, a verifiable and comprehensive employment record, and thorough documentation of his church and community service, along with the certification of non-involvement with civil authorities. The Board determined that the documentation provided by the Applicant was not sufficient mitigate the misconduct that resulted in the characterization of his discharge. Therefore, no relief will be granted.

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), effective 15 Aug 91 until
04 Mar 93, Article 3630600, 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 107, False official statements; 128, Assault consummated by battery; and 134, Debt, dishonorably failing to pay .
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 Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction . You should read Enclosure (5) of the Instruction 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 Instruction 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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