Docket No. ND13-01650

 

—

,ex-SR, USN

CURRENT DISCHARGE AND APPLICANT’S REQUEST

Application Received: 20130815

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 EATIERN OF MISCONDUCT] 2

 

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

SUMMARY OF SERVICE

Prior Service: ;
Inactive: USNR (DEP) 20000613 - 20000628 COG Active: NONE

Period of Service Under Review:

’ Date of Current Enlistment: 20000629 Age at Enlistment: 18
_ Period of Enlistment: 4 Years NO Extension
Date of Discharge: 20040203 Highest Rank/Rate: SN
Length of Service: 03 Year(s}, 07 Month(s) 05 Day(s)
Education Level: 12 AFQT: 64
Evaluation Marks: Performance: 3.0 (3) Behavior: 2.3 (3) OTA: 2.67

Awards and Decorations (per DD 214}: NDSM SSDR (2) OSR (2)
Periods of UA/CONF: NONE
NIP: 7

- 20001211: Article 92 (Failure to obey order or regulation)
Awarded: RESTR EPD Suspended: NONE

- 20030307: Article 92 (Failure to obcy order or regulation, 2 specifications)
Awarded: RIR RESTR EPD Supenies NONE [Extracted from Commanding Officer’s letter dated
20031227]

- 20030406: Article 128 (Assault, 2 specifications)
Awarded: RESTR EPD RIR Suspended: NONE

- 20030424: Article 86 (Absence without leave) ‘
Article 92 (Failure to obey order or regulation)
Awarded: FOP CBW RIR Suspended: FOP CBW RIR

- 20031126: Article 128 (Assault) ~
Article 134 (General Article - drunk and disorderly conduct)
Awarded: RIR FOP RESTR EPD Suspended: NONE ©

- 20031216: Article 128 (Assault)
Article 134 (General Article - drunk and disorderly conduct)
Awarded: RESTR EPD Suspended: NONE [Extracted from Evaluation Report and Counseling Record
dated 20031231]

- 20031227: Article 92 (Failure to obey order or regulation
Awarded: CBW Suspended: NONE

Key: NFIR - Not found in record RESFR - Restriction NIP - Nonjudicial punishment SCM - Summary court-martial
SPCM - Special court-martial FOP - Forfeiture of pay RIR - Reduction in sank EPD - Extra dutics
CONF - Confinement CC - Civilian conviction CCU - Correctional Custody Unit CBW - Confinement on bread and water
Docket No. ND£3-01650

 

SCM: NONE. SPCM: NONE CC: NONE as
Retention Warning Counseling: 1
- 20010122: For failure to obey order or regulation

TYPES OF DOCUMENTS SUBMITTED/REVIEWED

Related to Military Service: . :
DD 214: x4 Service/Medical Record: [KJ Other Records: CI.
Related to Post-Service Period:
Employment: C Finances: _ ‘C Education/Training: C]
Health/Medical Records: [_] Rehabilitation/Treatment: [_] Criminal Records: im
Personal Documentation: [[]  ‘Commumity Service: O References: xX
Department of VA letter: (FJ Other Documentation:  [ ]
Additional Statements:
From Applicant: Fron/To Representation: [[] From/To Congress member: CI

PERTINENT REGULATION/LAW

A. Naval Military Personnel Manual, (NAVPERS 15560C), re-issued October 2002, effective 22 August 2002 until 25 April 2005,
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.

Key: NFIR - Not found in record RESTR - Restriction NIP - Nonjudicial punishment SCM - Summary court-martial
SPCM - Special court-martial FOP - Forfeiture of pay RIR - Reduction in rank EPD - Extra duties
COMF - Confinement CC - Civilian conviction CCU - Correctional Custody Unit CBW - Confinement on bread and water
TT Docket No. ND13-01650 .
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. DEPARTMENT OF THE NAVY =
NAVAL DISCHARGE REVIEW BOARD (NDRB)

DISCHARGE REVIEW DECISIONAL DOCUMENT

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APPLICANTS IssuES
1. The Applicant contends his post-service conduct warrants consideration for an upgrade.
DECISION
Date: 20140312 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 discharge met the pertinent standards of equity and prepriety. The
Applicant’s record of service included one NAVPERS 1070/613 (Page 13) warning and seven nonjudicial punishments (NJPs)
for violations of the Uniform Code of Military Justice (UCM)): Article 92 (Failure to obey order or regulation, 5 ;
specifications), Article 86 (Absence without leave), Article 128 (Assault, 4 specifications), and Article 134 (General Article -
drunk and disorderly conduct, 2 specifications). Based on the offenses committed by the Applicant, his command
administratively processed him for separation. When notified of administrative separation processing using the notification
procedure, the Applicant waived his rights to consult with a qualified counsel and submit a written statement. The Applicant
was not entitled to an administrative board. *

Issue 1: (Decisional) (Equity) RELIEF NOT WARRANTED. The Applicant suggests his post-service conduct warrants
consideration for an upgrade. The NDRB considers 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. The
Applicant provided a personal statement and one character reference. The Applicant could have provided documentation as
detailed in the Post-Service Conduct paragraph in the Addendum, however, completion of these items alone does not guarantee
an upgrade from an unfavorable discharge as each discharge is reviewed by the Board on a case by case basis to determine if
post-service conduct establishes that the in-service misconduct was an aberration. The Board determined the documentation
submitted by the Applicant does not demonstrate if in-service misconduct was an aberration. The characterization of service
received was appropriate considering the length of service and UCMJ violations. 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 found 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
a period of fifteen years from the date of his discharge. The Applicant is directed to the Addendum for additional information.
Docket No. ND13-01650

 

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 mect applicable requirements for clarity and responsiveness. You may view DoD Instruction 1332.28
and other Decisional Documents by going online at “hetp://Boards.law.afmmit 2 .

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 22204-2496 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 cnet 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 2 court martial for misconduct, the
disability evaluation is suspended pending the outcome of the non-disability proceedings. If the action includes eithér 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-invalvement 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 docs 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