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NAVY | DRB | 2006_Navy | ND0600218
Original file (ND0600218.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT
FOR OFFICIAL USE ONLY

ex-PN2, USN
Docket No. ND06-00218

Applicant’s Request
The application for discharge review was received on 20051116 . The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions) or uncharacterized. 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 20060926 . 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 in lieu of a trial by court-martial .

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated
Applicant’s issues, as stated on the application:
“ I was accused of a crime that I was never convicted o f I was given the option of leaving the military and I took it, because I was tired of going through all the trouble. This issue went on for 4 yrs. I served my country proudly; I was never a trouble maker and always received good evals. I think I was treated unfairly and my discharge should be changed. I would love to reenter the military. I never went to Captains Mast, or Court-martial. ”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
 (1 7 pgs) E xtracts from Service Record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19970731 - 19971111       COG
         Active: USN      19971112 - 20021106       HON
Period of Service Under Review :
Date of Enlistment: 20021107              Date of Discharge: 20050615

Length of Service (years, months, days):

          Active: 0 2 0 7 0 8
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: None
         Confinement:              None

Age at Entry: 23

Years Contracted: 2 ( 14 -month extension)

Education Level: 12                                 AFQT: 49

Highest Rate: PN2

Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4 .0 ( 3 )              Behavior: 4 .0 ( 3 )                  OTA: 3 . 99

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): Good Conduct Medal, Meritorious Unit Commendation, Armed Forces Expeditionary Medal, Sea Service Deployment Ribbon , Enlisted Aviation Warfare Specialist, Global War on Terrorism Service Medal.


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

U NDER OTHER THAN HONORABLE CONDITIONS/ IN LIEU OF TRIAL BY COURT MARTIAL, authority: MILPERSMAN, Article 1910-106 (formerly 3630650).

Chronological Listing of Significant Service Events :

0 21107 :  Reenlisted this date for a term of 2 years with 14-month extension.

040413:  NCIS Investigation Report s from 040413 through 051104.

050222:  Charges preferred for violation of the Uniform Code of Military Justice (UCMJ) Article 81: In that Personnel Second Class C_ D. T_ (Applicant), U.S. Navy, Personnel Support Activity Detachment, Little Creek, Norfolk, Virginia, on active duty, did, at or near Hampton Roads area, Virginia, and on board the USS HARRY S. TRUMAN (CVN-75) at sea, on or about August 1999, conspire with D_ C_ C_, Airman Recruit T_ M_ H_, U.S. Navy, and Disbursing Clerk Second Class I_ J_, U.S. Navy to commit an offense under the Uniform Code of Military Justice, to wit: larceny of U.S. currency, of a value in excess of $20,000, the property of the United States Government and fraud against the United States Government by making a false claim in an amount in excess of $20,000, and in order to effect the object of the conspiracy the said Personnelman Second Class C_ D. T_ (Applicant), did obtain a false marriage certificate, form NAVPERS 1336/3 Special Request Authorization, and NAVPERS 1070/602(SC) Dependency Application/Record of Emergency Data, and run said forms up the chain of command for approval; Article 107: : In that Personnelman Second Class C_ D. T_ (Applicant), U.S. Navy, Personnel Support Activity Detachment, Little Creek, Norfolk, Virginia, on active duty, did, at or near Hampton Roads area, Virginia, and on board the USS HARRY S. TRUMAN (CVN-75) at sea, on diverse occasions or about August 1999 through on or about December 2001, with intent to deceive, sign an official records, to wit: form NAVPERS 1336/3 Special Request Authorization, and NAVPERS 1070/602(SC) Dependency Application/Record of Emergency Data, which records were false in that they listed Personnelman Second Class C_ D. T_ (Applicant), as being married, and was then know by the said Personnelman Second Class C_ D. T_ (Applicant), to be so false; Article 121: In that Personnelman Second Class C_ D. T_ (Applicant), U.S. Navy, Personnel Support Activity Detachment, Little Creek, Norfolk, Virginia, on active duty, did, at or near Hampton Roads area, Virginia, and on board the USS HARRY S. TRUMAN (CVN-75) at sea, on diverse occasions or about August 1999 to on or about December 2001, steal U.S. currency, of a value in excess of $20,000, the property of the United States; Article 132: In that Personnelman Second Class C_ D. T_ (Applicant), U.S. Navy, Personnel Support Activity Detachment, Little Creek, Norfolk, Virginia, on active duty, did, at or near Hampton Roads area, Virginia, and on board the USS HARRY S. TRUMAN (CVN-75) at sea, on diverse occasions from or about August 1999 to on or about December 2001, steal U.S. currency, of a value in excess of $20,000, for Basic Allowance for Housing (BAH) at a married rate, which claim was totally false and fraudulent, in that the said Personnelman Second Class C_ D. T_ (Applicant) was not married and not entitled to BAH at a married rate, and was then known by the said Personnelman Second Class C_ D. T_ (Applicant), to be so false and fraudulent .

050329:  Charges referred to special court-martial .

0 50606 :  Applicant requested an administrative discharge under other than honorable conditions in lieu of a trial by court-martial . She consulted with counsel and was fully advised of the implications of her request. The Applicant stated she understood the elements of the offenses with which she was charged, and admitted she was guilty of all the charges preferred against her . Specifically, she admitted to violating UCMJ, Article 81, 107, 121, and 132 . The Applicant understood that if discharged under other than honorable conditions , it might deprive her of virtually all veterans' benefits based upon her current enlistment, and that she might expect to encounter substantial prejudice in civilian life in situations wherein the type of service rendered or the character of discharge received therefrom may have a bearing .
05060 8 :  The Command er, Navy Region, Mid-Atlantic , exercising GCMCA, approved the request for an administrative separation in lieu of a trial by court-martial, and directed Applicant’s discharge.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20050615 in lieu of a trial by court-martial (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 Applicant claims, because she never went to Captains Mast or Court-Martial, her discharge should be changed. In a signed statement, the Applicant requested an administrative discharge under other than honorable conditions in lieu of a trial by court-martial. She consulted with counsel and was fully advised of the implications of her request. The Applicant understood that if discharged under other than honorable conditions, it might deprive her of virtually all veterans' benefits based upon her current enlistment, and that she might expect to encounter substantial prejudice in civilian life in situations wherein the type of service rendered or the character of discharge received there from may have a bearing. The Applicant stated she understood the elements of the offenses with which she was charged. The Applicant admitted that she was guilty of violating UCMJ Articles 81 (Conspiracy), 107 (False official statement), 121 (Larceny) and 132 (Frauds against the United States). Relief is not warranted.

The Applicant states “I would love to reenter the military.” Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, NDRB is not authorized to change a reenlistment code. An unfavorable “RE” code is, in itself, not a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.

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), Change 11, effective 31 May 2005 and Present, Article 1910-106, SEPARATION IN LIEU OF TRIAL BY COURT-MARTIAL.


B. A punitive bad conduct discharge may be adjudged for violation of the Uniform Code of Military Justice, Article s 107 , (False official statement), 121 (larceny), and 132 (Frauds against the United States), upon conviction by a Special or General Court-Martial, in accordance with the Manual for Courts-Martial.
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 .

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 “ 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

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