ex-SHSA, USN

Current Discharge and Applicant’s Request

Application Received: 20160112
Characterization of Service Received:   
Narrative Reason for Discharge:   
Reenlistment Code:  
Authority for Discharge:   MILPERSMAN 

Applicant’s Request:  Characterization change to: 
		       Narrative Reason change to: 
		       Reenlistment Code changed to:  RE-3

Summary of Service

Prior Service:
Inactive:	USNR (DEP)	19981130 - 19990829  	Active:	

Pre-Service Drug Waiver:  

Period of Service Under Review:
Date of Current Enlistment:  19990830	Age at Enlistment:  
Period of Enlistment:   Years   Extension
Date of Discharge:  20011017	Highest Rank/Rate:  SHSN
Length of Service:   Year(s)     Month(s)   17 Day(s)
Education Level:  	AFQT:  63
Evaluation Marks:	Performance:  NFIR	Behavior:  NFIR	OTA:  NFIR

Awards and Decorations (per DD 214):	 LoC (II) 

Period of UA: 20011010-20011017, 7 days.  CONF:  

NJP:  

- 19991202:	Article 
	Article 112 (Drunk on duty)
	Awarded:       Suspended:      

- 19991216:	Article  possession of alcoholic beverages in BEQ area, 2 specifications
	Awarded:       Suspended:      

- 20010813:	Article 
	Article 112a (Wrongful use, possession, etc., of controlled substances, Marijuana)
	Awarded:       Suspended:      

SCM:      SPCM:  

CIVIL ARREST:  

- 20010920:	Charges:  Reckless driving

Retention Warning Counseling:  

NDRB Documentary Review Conducted (date):	20080606
NDRB Documentary Review Docket Number:	ND08-00680
NDRB Documentary Review Findings:		Proper as issued and that no change is warranted.

Administrative Corrections to the Applicant’s DD 214

The NDRB noted an administrative error on the Applicant’s DD Form 214 with regards to the character of service.  

•	Block 24 should read: “Under Other than Honorable Conditions”
•	Block 28 should read:  “Misconduct”

The NDRB will recommend to the Commandant of the Marine Corps that the DD Form 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:	

•	Certificates (3) of Customer Service Training, ResCare Academy, Nov 2016
•	Diploma, MS in Technology Program management, Univ. of Houston, Dec 2014
•	Letter of completion of degree requirement, Paul Quinn College, May 2012
•	Letter of Recommendation from K_ G_, PhD (Office of the VP for Academic Affairs, Paul Quinn College), May 2012
•	Letter of Recommendation from C_ M_-Weeks (Library Director, Paul Quinn College), May 2012
•	Certificate of Amtrak Travel Scholarship, undated, expires Dec 2010
•	Letter of Recommendation from L_ D. M_, Sep 2010
•	Letter of Recommendation from C_ M_ (grandmother), Aug 2010
•	Certificate of Academic Honors, Paul Quinn College, Fall 2009
•	Letters (3) of scholarship awards, United Negro College Fund, Jan 2009, Jun 2009, Oct 2009
•	Certificate of Ownership for Unincorporated Business or Profession, “Michael Price & Associates,” Apr 2008
•	Certificate of New Hire Training Class, Verizon, Oct 2004
•	Diploma in Network Technology, AEC Texas Institute, Jan 2004
•	Letters (3) of congratulations for Dean’s List, AEC Texas Institute, Nov 2002, May 2003, July 2003
•	Letter of Recommendation from New Haven Police Dept. Officer Jeannette Miles (mother), undated
•	Letter of Recommendation from J_ C_ (Financial Aid Director, Paul Quinn College), undated
•	Resume for M_ C M_-P_, MS, LSSGB, undated

Types of Witnesses Who Testified

	Expert:		Character:	

Pertinent Regulation/Law

A.  The Naval Military Personnel Manual, (NAVPERS 15560C), Change 33, effective 16 July 2001 until 
21 August 2002, Article 1910-146, SEPARATION BY REASON OF MISCONDUCT - DRUG ABUSE.

B.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part IV, Para 403m(7)(a), Presumption Concerning Court-Martial Specifications.

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

Applicant’s Issues

1.  The Applicant desires his Reenlistment Code be changed to allow him to be commissioned as a Naval Officer.
2.  The Applicant contends his post-service conduct and achievements warrant an upgrade to his character of discharge.

Discussion

Date:  20170619                  Location:  Washington D.C.	Representation:  

The Naval Discharge Review Board (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 completed a thorough review of the circumstances that led to the discharge and the discharge process to ensure the pertinent standards of equity and propriety were met.  

The Applicant's record of service included three  for  of the Uniform Code of Military Justice (UCMJ): 
- Articles 92 and 112
- Article 92
- Articles 111 and 112a

Based on the  committed by the Applicant, the command administratively processed the Applicant for separation.   When notified of administrative separation processing, the Applicant  his rights to consult with a qualified counsel and request an Administrative Separation Board.   Violation of Article 112a requires mandatory processing for administrative separation regardless of grade, performance, or time in service.  This usually results in an unfavorable characterization of discharge or, at a maximum, a punitive discharge and possible confinement if adjudicated and awarded as part of a sentence by a special or general court-martial.  The Applicant was found guilty of violation of Article 112a.  However, his command did not pursue a punitive discharge but opted instead for the more lenient administrative discharge.  

The NDRB found the characterization of the Applicant’s discharge was equitable and consistent with the characterization of discharge given others in similar circumstances.  An Under Other Than Honorable Conditions discharge is warranted when a member engages in conduct involving one or more acts or omissions that constitute a significant departure from the conduct expected of members of the Naval Service.  

Issue 1 (non-decisional):  The Applicant desires his Reenlistment Code be changed to allow him to be commissioned as a Naval Officer.  The NDRB has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities.  Regulations limit the NDRB’s review solely to a determination of the propriety and the equity of a discharge.  As such, this issue does not serve to provide a foundation upon which the NDRB can grant relief.  An unfavorable reenlistment code is, in itself, not a bar to future service.  A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.  Relief denied.

Issue 2 (decisional):  The Applicant contends his post-service conduct warrants consideration for an upgrade to General, Under Honorable Conditions.  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 testimony of engaging in organizational leadership within his church community, evidence of academic achievement, and multiple character references.  However, these achievements were tempered by his continued use of drugs illegal in his state as well as for another arrest for driving under the influence of alcohol.  Post-service conduct 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 provides a basis for a more thorough understanding of the performance of the Applicant during the period of service that is the subject of the discharge review.  The Board determined that the characterization of service received was appropriate considering the length of service and UCMJ violations.  Relief denied.

Decision

After a thorough review of the available evidence, to include the Applicant’s issues, summary of service,  record entries, and discharge process, the Board found  at the time of discharge.  Therefore, the awarded characterization of service shall  UNDER OTHER THAN HONORABLE CONDITIONS, the narrative reason for separation shall  MISCONDUCT with a corresponding separation code of HKK, and the reentry code shall  RE-4.  The Applicant is not eligible for further reviews by the NDRB.  The Applicant may petition the Board for Correction of Naval Records, 701 South Courthouse Road, Suite 1001, Arlington, VA 22204-2490 for further review using DD Form 149.  

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), 701 South Courthouse Road, Suite 1001, Arlington, VA 22204-2490, or http://www.secnav.navy.mil/mra/bcnr/Pages/default.aspx 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:  Effective 6 February 2015, the NDRB is authorized to change a NDRB Applicant’s Reenlistment Code if related to an accompanying change in discharge characterization or narrative, but this authority is strictly limited to those cases where an applicant’s narrative reason or characterization of discharge is changed and that change warrants revision of the previously issued reenlistment code.  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