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NAVY | DRB | 2010_Navy | ND1000951
Original file (ND1000951.rtf) Auto-classification: Denied

ex-ATAN, USN
Current Discharge and Applicant’s Request
Application Received: 20100302
Characterization of Service Received:
Narrative Reason for Discharge:
Authority for Discharge: MILPERSMAN

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

Summary of Service

Prior Service:
 Inactive:         US N R (DEP)        19990831 - 19990922     Active:  

Period of Service Under Review:
 Date of Current Enlistment: 19990923     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 20011114      Highest Rank/Rate: AT3
Length of Service : Y ear ( s ) M onth ( s ) 21 D a y ( s )
Education Level:        AFQT: 43
Evaluation M arks:         Performance: NFIR         Behavior: NFIR   OTA: NFIR

Awards and Decorations ( per DD 214):      NEM

NJP :

- 20000309 :      Article 134 (Wrongfully and willfully impersonate a petty officer)
         Awarded: Suspended:

- 20010525:      Article 86 (Unauthorized absence), 7 specifications
         Specification 1: From unit 20010510-20010516 , 7 days
         Specification 2: Restricted muster 0630, 20010516
         Specification 3: Restricted muster 0630, 20010519
         Specification 4: Restricted muster 0630, 20010520
         Specification 5: Restricted muster 0630, 20010521
         Specification 6: Restricted muster 1800, 20010521
         Specification 7: Restricted muster 1800, 20010523
         Awarded: Suspended:

- 20011026 :      Article 86 (Fail to go at time prescribed to appointed place of duty), 4 specifications
         Specification 1: 20010904
         Specification 2: 20010905
         Specification 3: 20010907
         Specification 4: 20010910
         Awarded: Suspended:

S CM :

- 20010507 :      Article (UA from unit), 10 specifications
         Specification 1: 0600-0650, 20010209
         Specification 2 : 20010221-20010222
         Specification 3: 0740-1040, 20010228
         Specification 4: 20010301, 20010302
         Specification 5: 20010307-20010312 , 5 days
         Specification 6: 0600-0755, 20010313
         Specification 7: 20010313-20010322 , 9 days
         Specification 8: 20010326-20010411 , 16 days
         Specification 9: 20010412-20010418 , 6 days
         Specification 10: 20010419-20010424 , 5 days
         Article 92 (Fail to obey a lawful order on 20010209)
         Article 107 (False official statement on 200102 2 2)
          Sentence:

- 20010712 :      Article (Unauthorized absence)
         Specification 1: From unit 0600-1639, 20010516
         Specification 2: Section muster 0600, 20010517
         Specification 3: Restricted personnel muster 1 600, 200105 30
         Specification 4: Restricted personnel muster 2130 , 20010 601
         Specification 5: Restricted personnel muster 0630 , 2001060 3
         Specification 6: Restricted personnel muster 0630, 2001060 5
         Specification 7: Restricted personnel muster 0630, 1600, and 2130, 2001060 6
         Specification 8: Restricted personnel muster 0630, 1130, 1600, and 2130, 2001060 7
         Specification 9: Restricted personnel muster 0630, 1130, 1600, and 1800, 1600, 2001060 8
         Specification 10: Restricted personnel muster 0630, 1130, and 1600, 2001060 9
         Specification 11: Restricted personnel muster 06 30, 1130, 200106 11
         Specification 12: Restricted personnel muster 1 8 00, 200106 12
         Specification 13: Restricted personnel muster 1 130, 200106 13
         Specification 14: Restricted personnel muster 0630, 20010 614
         Specification 1 5 : Restricted personnel muster 06 30, 200106 17
         Specification 1 6 : Restricted personnel muster 0630 , 200106 1 8
         Specification 1 7 : Restricted personnel muster 1800 , 200106 19
         Specification 1 8 : Restricted personnel muster 1600 , 200106 22
         Specification 19: Restricted personnel muster 0630 and 1800 , 200106 24
         Specification 20: Restricted personnel muster 1 800 and 2 130, 200106 27
         Specification 21: Restricted personnel muster 2 100, 20010 702
         Article 92 (Failed to obey lawful order on 20010522), 3 specifications   
         Sentence: (20010712-20010805, 25 days)

SPCM:

C C :

Retention Warning Counseling:

- 20000314 :      For violation of A rticle 134 (Impersonating a Third Class Petty Officer)

Administrative Corrections to the Applicant’s DD 214

The NDRB did note administrative error(s) on the original DD Form 214:

          “ 20010221-20010222; 20010307-20010312; 20010313-20010322; 20010326-20010411; 20010412-20010418; 20010419-20010424; 20010510-20010516; 20010712-20010805 ”
        
The NDRB will recommend to the Commander, Navy Personnel Command, that the DD 214 be corrected as appropriate.





Types of Documents Submitted/reviewed

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

Related to Post-Service Period:
         Employment:               Finances:                 Education/Training:     
         Health/Medical Records:           Rehabilitation/Treatment:                 Criminal Records:       
         Personal Documentation:           Community Service:                References:     
         Department of VA letter:                  Other Documentation:    
                  Additional Statements:
         From Applicant:           From/To Representation:           From/To Congress member:        

Pertinent Regulation/Law

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 22, effective 15 December 1998 until
21 August 2002, Article 1910-140, SEPARATION BY REASON OF MISCONDUCT - PATTERN OF MISCONDUCT.
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 .




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

Applicant’s Issues

 1.       The Applicant contends his m isconduct was due to marital and financial problems that his command refused to address .

Decision

Date: 20 1 1 0415             Location: Washington D.C .        R epresentation :

By a vote of the Characterization shall .
 By a vote of the Narrative Reason shall .
Discussion

 The NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the character of service and the reason for discharge if such change is warranted. In reviewing discharges, the Board presumes regularity in the conduct of g overnment al affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant. The Applicant’s record of service included NAVPERS 1070/613 (Page 13) warning and non-judicial punishments for o f the Uniform Code of Military Justice (UCMJ): Article 86 ( Unauthorized a bsence , 11 specifications) and Article 134 ( Wrongfully and willfully impersonating a petty officer). It also included summary courts-martial for of the UCMJ: Article 86 ( Unauthorized a bsence, 31 specifications), Article 92 (Failure to obey order or regulation , 4 specifications) , and Article 107 (False official statement) . Based on the offenses committed by the Applicant, command administratively processed for separation . When notified of administrative separation processing using the procedure, the Applicant elected rights to consult with a qualified counsel and submit a written statement . He waived his right to request an administrative separation board.

: (Decisional) ( ) . The Applicant contends his misconduct was due to marital and financial problems that his command refused to address . While the Applicant may feel his marital and financial problems were the underlying causes of his misconduct, he provided no documentation in support of this claim. The NDRB recognizes that many service members experience marital and financial problems during their enlistment but still manage to serve honorably. While the Board understands some members experience marital and financial problems that are more severe than what other s experience , it does not view a claim of marital and financial problems to be a mitigating factor or a sufficient reason for misconduct. The Board found the Applicant ’ s claim of marital and financial problems to be insufficient justification to warrant an upgrade. Relief denied.
Summary: After a thorough review of the available evidence, to include the Applicant’s s ummary of s ervice, r ecord e ntries, and d ischarge p rocess, the Board found Therefore, the awarded characterization of service shall and the narrative reason for separation shall remain .

The Applicant remains eligible for a personal appearance hearing for a period of fifteen years from the date of discharge. The Applicant is directed to the Addendum for additional information.


ADDENDUM: Information for the Applicant

 Complaint Procedures : If you believe 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 : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years of the Applicant’s 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. There are veterans organizations such as the American Legion and the Disabled American Veterans that are willing to provide guidance to former service members in their efforts to obtain a discharge upgrade. If a former member has been discharged for more than 15 years, has already been granted a personal appearance hearing or has otherwise exhausted their 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 U.S. Department of Veterans Affairs (VA) determines eligibility for post-service benefits, not the NDRB. 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 NDRB has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Regulations limit the NDRB’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 BCNR can make changes to reenlistment codes. Additionally, the NDRB 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 is processed subsequently for an administrative involuntary separation or is referred to a court martial for misconduct, the disability evaluation is suspended pending the outcome of the non-disability proceedings. If the action includes either a punitive or administrative discharge for misconduct or for any basis wherein an Other Than Honorable discharge is authorized, 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 other medical related reasons. Only the BCNR can grant this type of narrative reason change.

 Automatic Upgrades - There is no law or regulation that provides for an unfavorable discharge to be upgraded based solely on the passage of time or good conduct subsequent to leaving naval service.
Post-Service Conduct : The NDRB is authorized to consider post-service factors in the recharacterization of a discharge. Outstanding post-service conduct, 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, is considered during Board reviews. Documentation to support a post-service conduct upgrade includes, but is not limited to: a verifiable continuous employment record; marriage and children’s birth certificates (if applicable); character witness statements; documentation of community or church service; certification of non-involvement with civil authorities; evidence of financial stability or letters of good standing from banks, credit card companies, or other financial institutions; attendance at or completion of higher education (official transcripts); and documentation of a drug-free lifestyle. The Applicant is advised that completion of these items alone does not guarantee the upgrade of an unfavorable discharge, as each discharge is reviewed by the Board on a case-by-case basis to determine if post-service accomplishments help demonstrate in-service misconduct was an aberration and not indicative of the member’s overall character.

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 special 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. The NDRB does not have the jurisdictional authority to review a discharge or dismissal resulting from a general court-martial.

Board Membership: The names and votes of the members of the NDRB 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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