Docket No. ND13-01252

 

ex-SHSN, USN
CURRENT DISCHARGE AND APPLICANT’S REQUEST

Application Received: 20130514
’ Characterization of Service Received: (per DD 214) GENERAL (UNDER HONORABLE CONDITIONS)

Narrative Reason for Discharge: (per DD 214) PATTERN OF MISCONDUCT

Authority for Discharge: (per DD 214) MILPERSMAN 1910-140 [PATTERN OF MISCONDUCT]

Applicait’s Request: Characterization change to: HONORABLE
Narrative Reason change to: NONE REQUESTED

SUMMARY OF SERVICE
Prior Service: .
Inactive: USAR DATES NFIR Active: USAR 19950515 - 19950818 UNCHAR |
USNR (DEP) 20031216 - 20040125 USN 19980427 - 19980508 UNCHAR

ERRONEOUS ENTRY - DRUG ABUSE

Period of Service Under Review:

Date of Current Enlistment: 20040126 Age at Enlistment: 28

Period of Enlistment: 4 Years NO Extension

Date of Discharge: 20060505 Highest Rank/Rate: SH3

Length of Service: 02 Year(s) 03 Month(s) 69 Day(s)

Education Level: 14 , AFOT: 84

Evaluation Marks: Performance: NFIR Behavior. NFIR OTA: NFIR

Awards and Decorations (per DD 214): HAND GRENADE SS RIFLE EX ASR NDSM (2) SSDR NAVY "E" (2) GWOTSM
_NMCAM ESWS

Periods of UA/CONF: NONE
NIP: 1 ,
- 20041007: Article 86 (Absence without leave}
Article 92 (Failure to obey order or regulation)
Awarded: FOP RIR RESTR EPP Suspended: FOP RIR RESTR EPD
SCM: NFIR SPCM: NFIR CC: NFIR Retention Warning Counseling: NFIR

TYPES OF DOCUMENTS SUBMITTED/REVIEWED
Related to Military Service:

DD 214: Bd —s Service/Medical Record: [KJ ' Other Records: Ci
Related to Post-Service Period: ,
Employment: CI Finances: LJ. Education/Training: L]
Health/Medical Records: [[] Rehabilitation/Treatment: [_] Criminal Records: C
Personal Documentation: [_] Community Service: Cy References: CJ
Department of VA letter: [[]  -Other Documentation: [J
_ Additional Statements:
From Applicant: CI From/To Representation: (J From/To Congress member: C)

PERTINENT REGULATION/LAW

A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 11, effective 26 April 2005 until 19 May 2008, Article 1910-
140, SEPARATION BY REASON OF MISCONDUCT - PATFERN OF MISCONDUCT.

B. Secretary of the Navy instruction 5$420.174D 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.

Key: NFIR - Not found in record RESTR - Restriction NIP - Nonjudicial punishment SCM ~ Summary court-martial
SPCM - Special court-martial FOP - Forfciture of pay RIR - Reduction in cank EPD - Extra duties
CONF - Confinement CC - Civilian conviction CCU - Correctional Custody Unit CBW - Confinement on bread and water
, . Docket No. ND13-01252

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

APPLICANT'S ISSUES

1. The Applicant seeks to improve his employment opportunities.
2. The Applicant contends his record of service warrants consideration for an upgrade.

DECISION
Date: 20131204 DOCUMENTARY REVIEW ' Location: WASHINGTON D.C. Representation: NONE

By a vote of 5-0 the Characterization shall remain GENERAL (UNDER HONORABLE CONDITIONS).
By a vote of 5-0 the Narrative Reason shall remain PATTERN OF MISCONDUCT.

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 governmental affairs unless there is substantial credible evidence to rebut the presumption, to
include evidence submitted by the Applicant. The Board did complete a thorough review of the circumstances that led to his
discharge and the discharge process to ensure his dischatge met the pertinent standards of equity and propriety. The
Applicant’s record of service included one nonjudicial punishment (NJP) for violations of the Uniform Code of Military Justice
(UCMJ): Article 86 (Absence without leave) and Article 92 (Failure to obey order or regulation). Based on the offenses
committed by the Applicant, his command administratively processed him for separation. The NDRB did not have the
Applicant’s administrative separation package to determine whether or not the Applicant waived his rights to consult with a
qualified counsel, submit a written statement, and request a General Court-Martial Convening Authority review.

Issue 1: (Nondecisional) The Applicant seeks to improve his employment opportunities. The NDRB has no authority to
upgrade a discharge for the sole purpose of enhancing employment opportunities. Regulations limit the NDRB’s review to a
determination of the propriety and equity of the discharge.

- Issue 2: (Decisional) (Propriety/Equity) RELIEF NOT WARRANTED. The Applicant contends his record of service
warrants consideration for an upgrade. The Applicant cited his evaluations, a Navy and Marine Corps Achievement Medal, a
letter of commendation from a Rear Admiral, and a Sailor of the Week award from the First Class Association. The Applicant
was administratively separated and not separated upon expiration of enlistment or fulfillment of service obligation. The
characterization of service is determined by the quality of the member's total performance of duty and conduct during the
current enlistment, including the reason for separation. Other considerations shali be given to the member’s length of service,
grade, aptitude, and physical and mental condition. Based on the Applicant’s record of service, the NDRB determined the
Applicant’s service was honest and faithful but significant negative aspects of his conduct or performance of duty outweighed the
positive aspects of his service record, and the awarded characterization of service was warranted. Relief denied.

Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, service record
entries, and discharge process, the Board determined the discharge was proper and equitable. Therefore, the awarded
characterization of service shall remain GENERAL (UNDER HONORABLE CONDITIONS) and the narrative reason for
separation shall remain PATTERN OF MISCONDUCT. The Applicant remains eligible for a personal appearance hearing for
2 period of fifteen years from the date of his discharge. The Applicant is directed to the Addendum for additional information.
eg “~ Docket No. ND13-01252-

 

 

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 Decisicnal Documents by going online at “http://Boards.law.afmil.” .

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), 701 South Courthouse Road, Suite 1001, Arlington, VA 22204-2490 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 prant relief.

Employment/Educational Opportunities: The NDRB has no authority to upgrade a discharge for the sole purpose of enhancing ermployment or
educational opportunities. Regulations limit the NDRB’s review to 2 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 tequest 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 prant 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 staternents; 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 Keanon Street SE. Rm 309

Washington Navy Yard DC 20374-5023