Upgrade.Vet

NAVY | DRB | 2008_Navy | ND0800361

Original file (ND0800361.rtf) Auto-classification: Denied

ex-LCDR, USNR

Current Discharge and Applicant’s Request

Application Received: 20071228
Characterization of Service Received:

Narrative Reason for Discharge: RESIGNATION IN LIEU OF COURTS-MARTIAL (DFS)
Authority for Discharge: SECNAVINST 1920.6B

Applicant’s Request:     Characterization change to:
                           Narrative Reason change to:

Summary of Service

Prior Service:
Inactive: USNR (DEP)     19720616 - 19720628     Active enlisted: 19720629 – 19740828 USAR
19740829 – 19750411, USMCR
                                                                                 19750412 – 19781201, USMC
19790915- 19830909, USNR
19830910 – 19870419, USNR
Period of Service Under Review:
Date of Commission 19870420      Date of Discharge: 20020702
Length of Service: 15 Yrs 02 Mths 12 D ys         Education Level: Master’s Degree

Highest Rank/Rate: LCDR Evaluation marks: Performance: 5.0(2)    Behavior: 4.0(2)         OTA:

Awards and Decorations (per DD 214): NONE ON DD214

Periods of UA/CONF:

NJPs:

SCMs:

SPCMs:

CC:

Retention Warnings: .

20020127 Request for Resignation for the good of the Naval service and to escape trial by Court Martial –
I was recalled to active duty 200211 and deployed to Bahrain. Admitted to making the following false statement/representations:
member of Tactical Escort Unit, attempted to assemble medical kit, procure prescription drugs, and wrongfully rec’d drugs and med supplies, medical quals and education ( lied about receiving Ph. D in Oceanography from Cornell Univ, had business cards indicating he was medical doctor, ,disaster relief efforts during Sep 11, lied about recovering bodies at the Pentagon and World Trade Ctr, statements re: combat in Vietnam, Afghanistan, and Bosnia, wore many unauthorized uniform items- Purple heart, Vietnamese Cross, Repub of Viet Campaign Med, Phillipine Pres,. Unit Cit., Viet Svc Med., wrongfully distrib false DD214, worn Sr EOD pin, Parachute wings, Diving Med officer pin, and Diving officer pin.

20020129 First Endorsement on LCDR McDowells resign ation request- - From Trial Counsel-has necessary evidence to get a
conviction at a GCM

20020131 Second Endorsement on LCDR McDowells resign request- - Commander, US Naval Forces Central Cmd: - Mbr
was investigated and initially denied everything; now admits guilt and that his DD214 from 1974 is false. He has
dishonorably held himself out as a Vietnam hero for the entire span of his career and adorned himself with many
devices that he is not entitled to wear. Despite false rep of being a Dr no one appears to have been harmed- his
misrep resentation over such an extended period of time is an affront to Naval officers who have served faithfully and
honorably. It is in the best interest of the Navy that he be allowed to resign with an OTH. He voluntarily forfeited
his retirement.

Types of Documents Submitted

Related to Military Service:      DD 214:          Service and/or Medical Record:          Other Records:

Related to Post-Service Period:
         Employment:                        Finances:                          Education/Training:
         Health/Medical Records:          Substance Abuse:                           Criminal Records:
         Family/Personal Status:          Community Service:                References:

Additional Statements From Applicant:             From Representation:              From Member of Congress:
Other Documentation (Describe)

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

Applicant’s Issues

1. Performance while on active duty

Decision

Date: 20080327 Location: Washington D.C R epresentation :

By a vote of the Characterization shall .

By a vote of the Narrative Reason shall RESIGNATION IN LIEU OF COURTS-MARTIAL (DFS).

Discussion

Issue 1 ( ). The Applicant has requested an upgrade based on performance while on active duty. The Board reviews the propriety and equity of an Applicant’s discharge individually, on a case-by-case basis. If such a review reveals an impropriety or inequity, relief is in order. Regulations permit relief on equitable grounds if the Applicant’s discharge is inconsistent with standards of discipline of the Naval service. An under other than honorable 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 conduct, which forms the primary basis for determining the character of his service was marred by preferred charges for violations of the UCMJ Article(s) 80 (2 specs), 121, 133 (15 specs), and 134 (5 specs) to a Special Court Martial. Service members may be separated upon their request in lieu of trial by special or general courts-martial if charges have been preferred with respect to an offense for which a punitive discharge is authorized. The record reflects that on 20020127, the Applicant requested discharge for the good of the service to escape trial by court-martial. In the request the Applicant noted that his counsel had fully explained the elements of the offenses for which he was charged and that he was guilty of the offenses. He further certified a complete understanding of the negative consequences of his actions and that characterization of service could be under other than honorable conditions . The evidence of record does not demonstrate that the Applicant was not responsible for his conduct, or that an upgrade is warranted based on his performance while on active duty .

In reviewing discharges, the Board presumes regularity in the conduct of Government affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant. After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Service Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found that

Pertinent Regulation/Law

A. Secretary of the Navy Instruction 1920.6B (ADMINISTRATIVE SEPARATION OF OFFICERS), effective 13 December 1999 until 14 December 2005, establishes policies, standards and procedures for the administrative separation of Navy and Marine Corps officers from the naval service in accordance with Title 10, United States Code and DoD Directive 1332.30 of 14 March 1997.

B. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs , Part V, Para 502, Propriety and Para 503, Equity .

C. 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 133, Conduct unbecoming an officer.

ADDENDUM: Information for the Applicant

Complaint Procedures : 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 to the Joint Service Review Activity, OUSD (P&R) PI-LP, The Pentagon, Washington, DC 20301-4000. 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 . ”

Additional Reviews : Subsequent to a document review, former members are eligible for a personal appearance hearing, provided the 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. If a former member has been discharged for more than 15 years, has already been granted a personal appearance hearing or has otherwise exhausted his opportunities before the NDRB, the Applicant may petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100 for further review.

Service 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.

Employment/Educational Opportunities : 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 of the propriety and equity of the discharge.

Reenlistment/RE-code: Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, the NDRB is not authorized to change a reenlistment code. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities. An unfavorable “RE” code is, in itself, not a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.

Medical Conditions and Misconduct : DoD disability regulations do not preclude a disciplinary separation. Appropriate regulations stipulate that separations for misconduct take precedence over potential separations for other reasons. Whenever a member is being processed through the Physical Evaluation Board, and subsequently is processed for an administrative involuntary separation for misconduct, the disability evaluation is suspended. The Physical Evaluation Board case remains in suspense pending the outcome of the non-disability proceedings. If the action includes either a punitive or administrative discharge for misconduct, the medical board report is filed in the member’s terminated health record. Additionally, the NDRB does not have the authority to change a narrative reason for separation to one indicating a medical disability or “PTSD.” Only the Board for Correction of Naval Records can grant this type of narrative reason change.

Automatic Upgrades - 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 may be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, credible evidence of a substance free lifestyle and certification of non-involvement with civil authorities.

Issues Concerning Bad-Conduct Discharges (BCD ) – Because relevant and material facts stated in a court-martial specification are presumed by the NDRB to be established facts, issues relating to the Applicant’s innocence of charges for which he was found guilty cannot form a basis for relief. With respect to a discharge adjudged by a court-martial, the action of the NDRB is restricted to upgrades based on clemency. Clemency is an act of leniency that reduces the severity of the punishment imposed.

Board Membership: 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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NAVY | DRB | 2008_Navy | ND0800361

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