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

 ex-AZAN, USN
Docket No. ND00-00043

Applicant’s Request

The application for discharge review, received 991014, requested that the characterization of service on the discharge be changed to Honorable or General/under Honorable conditions.  The applicant requested a documentary record discharge review.  The applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000616.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service.  The Board’s vote was unanimous that the character of the discharge shall not change.  The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1.  Please consider upgrading my discharge.  I served for over 3 years obtaining excellent evaluations.  I made a mistake with my finances and paid a hefty price.  I now am married with a child and I was just recently in a car accident which disabled me.  I strongly need access to my G.I. Bill to re-enter the job market when I am well.  Again I made a mistake toward the end of my enlistment and paid a huge price.  Please consider lifting this burden for me and my family. Thank you in advance.    

Documentation

In addition to the service record, the following additional documentation, submitted by the applicant, was considered:

Copies of DD Form 214 (2)
4 pictures
Copy of Agent for Health License
Copy of Life Insurance License
Copy of Health Examination scores
Copy of Life Insurance Examination scores
Copy of Certificate of Pre-Licensing Course Completion for Life and Health (2)
Copy of Fraternal Limited License
Copy of State of Washington Certificate of Clearance for Life Insurance.
Attendance Reference Letter for Advanced Life Insurance Seminars
Letter of Completion for Fraternal Insurance Counselor designation
Modern Woodmen of America Article
Pictures from Agency Development Award Ceremony (2pgs)     

PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

	Active:   USN			None
	Inactive: USNR (DEP)	881209-890122	COG

Period of Service Under Review:

Date of Enlistment:  890123		Date of Discharge:  920603

Length of Service (years, months, days):

	Active:    03  04  20
	Inactive:  None

Age at Entry:  20			Years Contracted:  4 

Education Level:  12.5			AFQT:  85

Highest Rate:  AZ3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.70 (6)	Behavior:  3.23 (6)		OTA:  3.53

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, AFEM, SSDR 

Days of Unauthorized Absence:  None 

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – Commission of a serious offense, authority:  NAVMILPERSMAN, Article 3630600.

Chronological Listing of Significant Service Events:

920507:	NJP for violation of UCMJ, Article 123a: (5 Specifications), Making and uttering checks without sufficient funds on or about 22 and 29 March 1992.
	Award:  Forfeiture of $502.00 per month for 2 months (suspended for 6 months), restriction for 60 days, reduction to E-3.  No indication of appeal in the record.

920508:	Applicant notified of intended recommendation for discharge under Other Than Honorable conditions by reason of misconduct due to the Commission of a serious offense [EXTRACTED FROM CO’S MESSAGE].

920508:  	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ, Article 27B, elected to waive all rights [EXTRACTED FROM CO’S MESSAGE].

920512:	Commanding officer recommended discharge under Other Than Honorable conditions by reason of misconduct due to the Commission of a serious offense. 

920522:	BUPERS directed the applicant's discharge under Other Than Honorable conditions by reason of misconduct due to the Commission of a serious offense.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 920603 under other than honorable conditions for misconduct due to commission of a serious offense (A).  The Board presumed regularity in the conduct of governmental affairs (B).  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).

In the applicant’s issue 1, the Board determined this issue is without merit.  The applicant states he had excellent evaluations, he paid a heavy price for his misconduct at the end of his enlistment and needs his G.I. Bill to re-enter the job market.  The applicant’s evaluation marks indicate he was a productive sailor.  However, he committed a serious offense, repeatedly (five specifications of violation of UCMJ, Article 123A).  There is no law or regulation that provides for the upgrade of an unfavorable discharge based solely on the passage of time or good conduct, subsequent to leaving military service.  The NDRB reviews the propriety (did the Navy follow its own rules in processing the applicant for discharge) and equity (did the applicant receive a discharge characterization in keeping with Navy guidance or was the characterization typical of other service members being separated for the same reason) of each applicant’s discharge to determine if proper procedures were followed.  This applicant’s discharge was proper and equitable.  Additionally, the NDRB is authorized to award clemency for post-service factors (what has the applicant done since discharge to become a contributing member of his/her community and to society in general).  Those factors include but are not limited to the following:  Evidence of continuing educational pursuits (transcripts, diploma, degree or vocational-technical certificates), a verifiable employment history (letter of recommendation from employer), documentation of community service (letter from activity/community group), certificate of non-involvement with civil authorities (police records check) and proof of not using drugs (detoxification certificate).  The applicant did provide some documentation to demonstrate good character and conduct, but not enough to warrant an upgrade to his discharge.  The applicant’s documentation shows he now has a family and is working to support them.  That is expected of a individual with a family to support.  The NDRB looks at accomplishments beyond just maintaining employment, that when combined with his service record will give an impression of the true character of an individual.  The applicant is encouraged to continue to establish a reputation of good character and document his accomplishments.  Documentation to support any claim of good character is a must to receive any consideration based on post-service achievements.  The applicant remains eligible for a personal appearance hearing, to discuss his post-service accomplishments, provided an application is received by the NDRB within fifteen years from the date of his discharge.  Legal representation at the hearing is advisable.  Relief denied.

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560C), effective 15 Aug 91 until 
04 Mar 93, Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – COMMISSION OF A SERIOUS OFFENSE.

B.  Under the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Article 123A, for Making and uttering checks without sufficient funds, if adjudged at a Special or General Court-Martial.

C.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.  

D.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

E.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

PART IV - INFORMATION FOR THE APPLICANT

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 Directive 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Directive.  You should read Enclosure (5) of the Directive 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 Directive 1332.28 and other Decisional Documents by going online at "afls14.jag.af.mil".

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:

		Naval Council of Personnel Boards
		Attn:  Naval Discharge Review Board
		720 Kennon Street SE RM 309
		Washington Navy Yard DC  20374-5023