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

 ex-RMSR, USN
Docket No. ND99-00284

Applicant’s Request

The application for discharge review, received 981218, 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 000110.  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: GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  I am requesting an upgrade in my discharge from General under honorable conditions to an Honorable discharge.  In the past couple of years I have made a strong effort to better my life and will definitely continue do so.  I realize that an upgrade in my discharge can make a significant difference in both my upcoming education and most of all my career opportunities.  I am a very changed man with many ambitions and goals which I have set for my self with every intention of success.  I have grown up and matured a tremendous amount and would very much like to leave my childhood mistakes in my past, allowing me to establish a strong foundation on which to build my future.  I plan to attend college of arts in the beginning of the year and to continue being the best person that I know how to be

Documentation

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

Character Reference Letters (2)
Letter of Recommendation
Employment Reference Letter
Copy of DD Form 214.

PART II - SUMMARY OF SERVICE

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

	Active:   USN			None
	Inactive:  USNR (DEP)	940128 - 940221	COG

Period of Service Under Review:

Date of Enlistment:  940222		Date of Discharge:  970912

Length of Service (years, months, days):

	Active:    03  06  21
	Inactive:  None

Age at Entry:  18			Years Contracted:  4 

Education Level:  12			AFQT:  58

Highest Rate:  RMSA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NOB		Behavior:  NOB		OTA:  NOB

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM 

Days of Unauthorized Absence:  None 

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

GENERAL UNDER HONORABLE CONDITIONS/MISCONDUCT, authority:  NAVMILPERSMAN, Article 3630605.

Chronological Listing of Significant Service Events:

941116:	NJP for violation of UCMJ, Article 92: Failure to obey a regulation, violation of UCMJ Article 134: False or unauthorized pass offenses.
	Award:  Forfeiture of $416 per month for 2 months, restriction and extra duty for 45 days.  No indication of appeal in the record.

950201:	Special Court-Martial for violation of UCMJ, Article 107: Made a false statement "rape and", violation of UCMJ Article 134: Commit a indecent assault by refusing to remove his penis from her vagina when requested to do so and continuing to have sexual intercourse.
	Sentenced to CHL for 4 months, forfeiture of $500 per month for 4 months, reduction to E-1.
	CA (950221) Approved and ordered executed

970210:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense as evidenced by your Special Court-Martial on 950201 and CO's NJP on 941116 as documented in your service record.{APPLICANT DID NOT SIGN}

000000:  	Applicant advised of his rights {APPLICANT DID NOT SIGN OR DATE}.

970508:	Commanding officer recommended discharge general under honorable conditions by reason of misconduct due to the commission of a serious offense.

970828:	BUPERS directed the applicant's discharge general under 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 970912 general under 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).

In the applicant’s issue, the Board found the applicant’s youth and immaturity are not sufficient factors to exculpate him from the consequences of his misconduct. 

Further, there is no law or regulation that provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in civilian life subsequent to leaving the service. 

The Board found nothing in the records, nor did the applicant provide anything to indicate or to show what there were errors of fact or law associated with his discharge at the time of its issuance.  

Accordingly, relief is denied.  

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560C), Change 14, effective 
03 Oct 96 until 971212, Article 3630605, 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 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