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NAVY | DRB | 1999_Navy | ND99-00182
Original file (ND99-00182.rtf) Auto-classification: Denied


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

ex-SKSA, USNR
Docket No. ND99-00182

Applicant’s Request
The application for discharge review, received 981118, 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 designate a 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)/Expiration of term of enlistment, authority: NAVMILPERSMAN, Article 3620150.



PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. I would like my discharge to be upgraded so I may use my Montgomery GI Bill benefits and continue my education. Thank you for your time and consideration.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Applicant's Certificate of Appointment to SK3 dated 16 Jan 1990
Applicant's Certificate of Letter of Commendation from USS GUADALCANAL
Applicant's letter of Appointment to custodian of the Imprest Fund dated 24 Aug 1988
Applicant's Enlisted Performance Evaluation Reports (4 Reports)
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: None

 Period of Service Under Review :
Date of Enlistment: 871229               Date of Discharge: 910107

 Length of Service (years, months, days):

         Active: 03 00 00
         Inactive: 00 00 10

 Age at Entry: 20                          Years Contracted: 8

Education Level: GED              AFQT: 50

 Highest Rate: SK3 (E-4)

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.9 (3)     Behavior: 3.05 (4)                OTA: 3.27

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR

Days of Unauthorized Absence: None

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

UNDER HONORABLE CONDITIONS (GENERAL)/Expiration of term of enlistment, authority: NAVMILPERSMAN, Article 3620150.

 Chronological Listing of Significant Service Events :

880108:  Commenced 36 months active duty under the Active Marine Program.

 900727:  NJP for violation of UCMJ, Article 86: unauthorized absence for 10 hours, violation of UCMJ Article 134 (3 specs): dishonorable failure to maintain sufficient funds in account (19JUN90, 18APR90, 23 AND 25 MAY90).
         Award: Forfeiture of ½ of 1 months pay for 2 months (suspended for 6 months), restriction and extra duty for 45 days, reduction to E-3 (suspended for 6 months). No indication of appeal in the record.
901216:  Reduction to E-3 and forfeiture of ½ pay per month for 2 months awarded at CO's NJP on 90JUL27 and suspended for 6 months vacated due to continued misconduct.

901216:  NJP for violation of UCMJ, Article 80: attempt to wrongfully dispose of government property by selling a flight jacket to SH2 T_ of a value in excess of $100.00; violation of UCMJ Article 81: conspiracy to wrongfully dispose of flight jacket.
         Award: Forfeiture of $405.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-2. No indication of appeal in the record.
910107:  Applicant acknowledged of his ineligibility for reenlistment and that he would be assigned Reenlistment Code of RE-4.
910107:  Applicant discharge under honorable conditions (general) by reason of expiration of term of enlistment under NAVMILPERSMAN Article 3620150.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 910107 under honorable conditions (general) due to expiration of term of enlistment (A) shortly after being found guilty of violation of UCMJ, Article 80 (attempting to wrongfully dispose of government property by selling a flight jacket) and Article 81 (conspiracy to wrongfully dispose of government property). 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 introduced no decisional issues for consideration by the Board. The discharge was proper and equitable given the circumstances.

The applicant is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge.


Pertinent Regulation/Law (at time of discharge)

 A. The Naval Military Personnel Manual, (NAVPERS 15560A), Change 11, effective 14 June 1990 until 14 August 1991, Article 3620150, SEPARATION OF ENLISTED PERSONNEL BY REASON OF EXPIRATION OF ENLISTMENT, FULFILLMENT OF SERVICE OBLIGATION, OR EXPIRATION OF TOUR OF ACTIVE SERVICE.

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 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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