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NAVY | DRB | 1999_Navy | ND99-00146
Original file (ND99-00146.rtf) Auto-classification: Denied


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

ex-ENFN, USN
Docket No. ND99-00146

Applicant’s Request
The application for discharge review, received 981105, 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 991004. 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 HONORABLE CONDITIONS (GENERAL)/MISCONDUCT – Commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. While serving with S.E.A.L.Team One at NAB , Coronado, Ca my military I.D. card was altered. The altercation was done by the Personnelman that was on duty at that time (birthyear only).I accepted the I.D. and utterly was the decisive factor in my downfall.
Falsifying an official document i did not do.
 Before this other than a letter of reprimand i had a clean record. Even during my punishment and afterwards I recieved good eavals, and atta boys from the skipper on down to my department head.
I did not understand the rights and privelages I would lose by accepting an early out (i.e. VA, G.I. bill, government jobs etc ... ). Enclosed is a letter from the Master Cheif of the Command at that time that clearly states it was my choice to pursue separation.

Because I feel that my action does not warrant a "serious offense", I am requesting a fully Honorable discharge with an RE1A reenlistment code. Thank you.
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Letter to U.S. Navy Board of Corrections/Review dated November 21, 1997 from Gunnery Sergeant
Statement for the record dated April 2, 1997 from RMCM T_ T_ A_

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     890627 - 900617  COG

 Period of Service Under Review :
Date of Enlistment: 900618               Date of Discharge: 921026

 Length of Service (years, months, days):

         Active: 02 04 09
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 67

 Highest Rate: EN3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.60 (1)    Behavior: 3.60 (2)                OTA : 3.70

 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 HONORABLE CONDITIONS (GENERAL)/MISCONDUCT – Commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

920317:  Retention Warning: Advised of deficiency (Failure to demonstrate good judgement when on the evening of 6 March 1992 you unilaterally planned and executed actions intended to assist U.S. Border Patrol agents with the apprehension of foreign aliens. Your actions were not sanctioned by this command and could have brought grave results upon yourself, SEAL Team One, and the Naval Special Warfare community.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
        
920630:  NJP for violation of UCMJ, Article 92: Failure to obey lawful order by wrongfully entering bar and drinking on 24JUN92, to wit: not to be seen in any bars, violation of UCMJ, Article 107: With intent to deceive, utilize an altered military ID card on 24JUN92, violation of UCMJ, Article 134: Wrongfully and falsely ask a personnel clerk to alter his military ID card in word and figures as follows: I asked him to change my birthdate from 1972 to 1970.
         Award: Restriction for 45 days, reduction to E-3. No indication of appeal in the record.
920812:  Applicant notified of intended recommendation for discharge under Other Than Honorable conditions by reason of Misconduct due to the Commission of a Serious Offense.
920812:          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.
920814:  Commanding officer recommended discharge under Other Than Honorable conditions by reason of Misconduct due to the Commission of a Serious Offense. Commanding Officer’s comments: “ENFN (applicant) previous poor performance – to include disregard of authority – training safety violations, and infractions of command policy – resulted in XOI, detailed counseling, a letter of instruction, and probation for his NEC 5326 qualification. His subsequent performance demonstrated that he is not a responsible service member. Inview of his failure to respond to repeated counseling and direction from all levels of the chain-of-command and of the seriousness of the offenses committed, he lacks potential for further productive naval service. Accordingly, I recommend he be separated. As I do not believe his offenses were sufficiently serious to merit an “Other Than Honorable” discharge, I recommend ENFN (applicant) be awarded a General discharge.”

920826:  BUPERS directed the applicant's discharge under Honorable conditions (General) 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 921026 under Honorable conditions (General) for Misconduct due to Commission of a Serious Offense (A and B). The Board presumed regularity in the conduct of governmental affairs (C). 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 (D and E).

In the applicant’s issue 1, the Board found this issue to be without merit. Although the applicant did not personally change his I. D. card, documentation exists that shows he solicited the personnelman to make the change to his I. D. card and knew the change was made. Relief denied.

In the applicant’s issue 2, the Board found this issue to be without merit. The applicant received a retention warning only nine months after enlisting. Three months later he was awarded NJP for violation of three Articles of the UCMJ, followed by processing for administrative separation. The only possible “clean record” portion of his enlistment was the first nine month period. In reference to the good evals the applicant received during and after his punishment, the evals show the applicant continued to perform his duties, as he was expected to and was receiving pay to do so. The applicant states he did not understand the rights and privelages he would lose by accepting an early out but he signed a “Statement of Awareness and Request for, or Waiver of Privileges and did not elect to consult with counsel. Counsel would have thoroughly explained any uncertainties related to his discharge. The final portion of this issue states it was the applicant who pursued separation. The Board has determined this is not an issue. The applicant’s request for separation was approved. Relief denied.

It is not within the jurisdiction of the NDRB to change reenlistment (RE) codes. That responsibility resides with the Board of Correction of Naval Records.

 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 92: Failure to obey a lawful order or regulation (wrongfully entering a bar and drinking on 24JUN92, to wit: not to be seen in any bars), violation of Article 107: False official statement (utilizing an altered I. D. card with intent to deceive) and violation of Article 134: Soliciting another to commit an offense (wrongfully and falsely asking a personnel clerk to alter his military I. D. card), 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 obtain a copy of DoD Directive 1332.28 by writing to:
                  DA Military Review Boards Agency
                  Management Information and Support Directorate
                  Armed Forces Reading Room
                  Washington, D.C. 20310-1809

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
                  Washington Navy Yard
                  720 Kennon Street SE RM 309
                  Washington, D.C. 20374-5023     

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