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

ex-DR, USN
Docket No. ND01-00171

Applicant’s Request

The application for discharge review, received 001127, requested that the characterization of service on the discharge be changed to honorable.  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 010503.  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, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  Upon my release from the military, I have become a more enthusiastic person towards my goals in life.  I have a good job installing voice & data lines in business around town.  Also I’m going to school in the evenings after work.  But yet I think still of my discharge.  How it could potentially make or brake a companies decision to hire me.  If I had a Honorable Discharge my chances for being hired or advancement within a company will increase greatly.  Thou my biggest reason, without a doubt, for having a honorable discharge would be that I joined the Navy with a career in mind.  I was serving my country well in San Diego, CA at the MCRD, doing dental assisting tasks, till I made a decision that changed my life forever.  Ended up losing my career in the USN.  All I am asking for is another chance to prove my worth to my country as well as to myself.  I appreciate the time you will take to review this matter, and I hope something good comes out of all this.  Thank you

Documentation

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

None

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	930420 - 930713	COG

Period of Service Under Review:

Date of Enlistment:  930714		Date of Discharge:  970107

Length of Service (years, months, days):

	Active:    03  05  24  Does exclude lost time
	Inactive:  None

Age at Entry:  20			Years Contracted:  4

Education Level:  12			AFQT:  73

Highest Rate:  DN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  4.00 (2)	Behavior:  4.00 (2)		OTA:  4.00

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM 

Days of Unauthorized Absence:  None 

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority:  NAVMILPERSMAN, Article 3630600.

Chronological Listing of Significant Service Events:

960425:	Special Court-Martial.
	Charge I: violation of the UCMJ, Article 121:
	Specification: Did steal various electronic and recording equipment, a value of $800.00 on 17Nov95.
	Findings:  to Charge I and specification thereunder, guilty. 
	Sentence:  Fined $800.00, forfeiture of $300.00 per month for 3 months, confinement for 4 months, reduction to DR.
	CA 960708:  Sentence approved and ordered executed except for the confinement in excess of 60 days is suspended for a period of 12 months.

960425:	To confinement.

960429:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

960429:  	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

960613:	From confinement and processed for admin leave.

960802:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense. 

961205:	Chief of Naval Personnel recommended to Assistant Secretary of Navy (Manpower and Reserve Affairs) the applicant be discharged under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

961212:	Assistant Secretary of Navy (Manpower and Reserve Affairs) approved recommendation.

961219:	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 970107 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).

The applicant’s issue states:  “Upon my release from the military, I have become a more enthusiastic person towards my goals in life.  I have a good job installing voice & data lines in business around town.  Also I am going to school in the evenings after work.  But yet I think still of my discharge.  How it could potentially make or brake a companies decision to hire me.  If I had a Honorable Discharge my chances for being hired or advancement within a company will increase greatly.  Thou my biggest reason, without a doubt, for having a honorable discharge would be that I joined the Navy with a career in mind.  I was serving my country well in San Diego, CA at the MCRD, doing dental assisting tasks, till I made a decision that changed my life forever.  Ended up losing my career in the USN.  All I am asking for is another chance to prove my worth to my country as well as to myself.  I appreciate the time you will take to review this matter, and I hope something good comes out of all this.  Thank you.”  The applicant failed to support his request for an upgrade with any post service documentation.  The record shows the applicant was found guilty at Special Court Martial of violation of Uniform Code of Military Justice Article 121 (Larceny).  Relief is denied.

The applicant is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge.  Representation at personal appearance hearing is highly recommended.

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560C), Change 9, effective 
22 Jul 94 until 02 Oct 96, Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – COMMISSION OF A SERIOUS OFFENSE.

B.  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.  

C.  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.

D.  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