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

ex-FN, USN
Docket No. ND00-00181

Applicant’s Request

The application for discharge review, received 991118, 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 000727.  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 OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630605.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  I'm requesting a upgrade for reasons that should have never been discharge for the reason they gave me, but here's my side which I tried to explain to them is that I was getting letters of indebtedness, is because my wife at the time had my atm card and pin # and she didn't let me know that she had it, do when we were trying to survive out of my check book, and then when the letters started rolling in I payed the m majority over and sending money to her because she was still my wife at the time I missed one time of paying my nexcard so here I was in captain mast recommended to be discharged.  Which navy legal assistance said I shouldn't be discharged either so here I am now asking for a upgrade in discharge and re-code.

Documentation

In addition to the service record, NO DISCHARGE PACKAGE AVAILABLE, the following additional documentation, submitted by the applicant, was considered:

Copy of DD Form 214.

PART II - SUMMARY OF SERVICE

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

	Active:   USN			911219-960303	Hon
	Inactive: USNR (DEP)	None

Period of Service Under Review:

Date of Enlistment:  960304		Date of Discharge:  961213

Length of Service (years, months, days):

	Active:    00  09  10
	Inactive:  None

Age at Entry:  24			Years Contracted:  4 

Education Level:  12			AFQT:  68

Highest Rate:  EN3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.00 (2)	Behavior:  3.00 (2)		OTA:  3.60

Military Decorations:  None

Unit/Campaign/Service Awards:  SSDR(3), MUCR, JMUCR, NRSSDR, NDSM 

Days of Unauthorized Absence:  None 

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

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

Chronological Listing of Significant Service Events:

No discharge package.

960304:	Reenlisted onboard USS WADSWORTH (FFG-9) for 4 years.
 
961025:	NJP for violation of UCMJ, Article 123a: (6 Specifications), Unlawfully make to the Navy Exchange a check without sufficient funds with intent to deceive, violation of UCMJ Article 107: (2 Specifications), Make a false official statement.
	Award:  Oral reprimand,  reduction to E-3.  No indication of appeal in the record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 961213 under Other Than 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 1, the Board determined this issue is without merit.  The applicant claims his ex-wife had his ATM card and pin number and he was not aware.  The Board made many attempts to obtain the applicant’s discharge package but the package was not available.  The applicant was discharged with a General (under Honorable conditions) for misconduct due to Commission of a serious offense.  The applicant went to NJP for violation of UCMJ, Article 123a (6 specifications); unlawfully making to the Navy Exchange a check without sufficient funds, with intent to deceive, and Article 107, making a false official statement.  There is no record of the execution of the applicant’s due process rights.  The applicant did not provide sufficient documentation to show his command improperly discharged him or that the characterization of his discharge was inequitable.  The Board assumed regularity in the conduct of government affairs.  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.  In Appendix 12 of the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Article 107; False official statement and Article 123a, for Checks, etc, insufficient funds , intent to deceive, 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 view DoD Directive 1332.28 and other Decisional Documents by going online at "afls14.jag.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:

		Naval Council of Personnel Boards
		Attn:  Naval Discharge Review Board
		720 Kennon Street SE Rm 309
		Washington Navy Yard DC  20374-5023