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Docket No. ND06-00887

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

FOR OFFICIAL USE ONLY

 ex-ISSN, USN
Docket No. ND06-00887

Applicant’s Request

The application for discharge review was received on 20060616.  The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions).  The Applicant requests a documentary record discharge review.  The Applicant did not designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20070419.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB.  The Board’s vote was unanimous that the character of the discharge shall not change.  The discharge shall remain Under Other Than Honorable Conditions by reason of misconduct due to commission of a serious offense.

PART I - ISSUES AND DOCUMENTATION

Decisional Issues

Propriety:  Behavior did not constitute misconduct
Equity:	      Isolated incident not warranting discharge

Documentation

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

Applicant’s DD Form 214 (Service 7)
Applicant’s DD Form 214 (Service 2)
Excerpts from Service Record (112 pgs) 

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	19981015 - 19981101	COG
	Active:   USN	19981102 - 20021029	HON

Period of Service Under Review:

Date of Enlistment:  20021030		Date of Discharge:  20040617

Length of Service (years, months, days):

	Active:    01  07  18  
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  None
	Confinement:		  None

Age at Entry:  24 

Years Contracted:  6 

Education Level:  12				AFQT:  72

Highest Rate:  IS3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.0 (2) 		Behavior:  2.0 (2)			OTA:  2.65

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214):  Defense Meritorious Medal (1), Navy and Marine Corp Achievement Medal (1), Navy Good Conduct Medal (1), Navy Expeditionary Medal (1), Sea Service Deployment Ribbon (2), Navy/Marine Corp Overseas Ribbon (5)

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority:  MILPERSMAN, Article 1910-142 (formerly 3630605).

Chronological Listing of Significant Service Events: 

021030:	Reenlisted this date for a term of 6 years.

040525:	NJP for violation of UCMJ, Article 92 (3 specifications):
	Specification 1: Misuse of Government Credit Card.
	Specification 2: Disobeying a Direct Order.
	Specification 3: Failure to Pay Just Debts.
	Award:  Forfeiture of 1/2 pay per month for 2 months, restriction and extra duty for 45 days, reduction to E-3.  No indication of appeal in the record.

Not dated:	Applicant waived right to an Administrative Separation Board.
	[Extracted from Commander, U.S. Navy Forces, Europe ltr, dtd 040526.]

040526:	GCMCA, Commander, U.S. Navy Forces, Europe directed the Applicant's discharge under other than honorable conditions by reason of misconduct commission of a serious offense.

Service Record contains a partial Administrative Discharge package.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20040617 by reason of misconduct due to commission of a serious offense (A and B) with a service characterization of under other than honorable conditions.  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 Board presumed regularity in the conduct of governmental affairs (E).

Propriety – the Applicant contends that his use of a government credit card to by a Hugo Boss suit did not constitute misconduct.  The Applicant is incorrect.  Misuse of the government credit constitutes a serious offense for which a punitive discharge is authorized if adjudged at general or special court-martial.  The Applicant’s behavior constituted a significant departure from that expected of members of the Naval service, especially when committed by those of his rank, position and experience.  While handled in an apparently expeditious manner, nothing in the record indicates that the Applicant’s discharge was improper.  Relief denied.

Equity – the Applicant contends that his misconduct was an “isolated incident.”  Despite a servicemember’s prior service, certain serious offenses, even though isolated, warrant separation from the Naval service in order to maintain proper order and discipline.  The Applicant’s service record is marred by award of nonjudicial punishment (NJP) for violation of Article 92 of the UCMJ, thus substantiating the misconduct for which he was separated.  Regulations limit the Board’s review to a determination of the propriety and equity of the discharge.  In the Applicant’s case, the Board could discern no impropriety or inequity and therefore considers his discharge proper and equitable.  Relief denied.

The NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy and Marine Corps, and therefore is not authorized to change a reenlistment code.  Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.  Reenlistment policy of the Naval service is promulgated by the Commander, Navy Recruiting Command, 5722 Integrity Drive, Bldg 784, Millington, TN 38054.  Neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to reenlistment.  A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter.  Nor does the NDRB have jurisdiction over promotion, rank, rate, or service benefits such as leave.

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the 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.

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560C), re-issued October 2002, effective 22 Aug 02 until 25 April 2005, Article 1910-142 [formerly 3630605], SEPARATION BY REASON OF MISCONDUCT - COMMISSION OF A SERIOUS OFFENSE.

B.  The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article 92, Fail to obey order or regulation.

C.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety.

D.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity.

E.  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 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 Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction.  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”.

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:

		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