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

ex-MSSN, USN
Docket No. ND00-00243

Applicant’s Request

The application for discharge review, received 991209, 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 000803.  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 1910 - 142 (formerly 3630605).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  My discharge is improper because it was based on an incident that took place in a service school command.  No other adverse actions was given.  I have served my first 5 years and 2 months honorably on both USS JOHN S.MCCAIN AND USS RUSSELL. I have schools and different activities commendations from staff.  Did 2 tours in the gulf.  After my 5 years of enlistment I could've gotten out with a honorable discharge but thought I would go in a different rate and serve another 5 more years.  I was in NAS Pensacola going through RSS School when an incident had occur.  There was other servicemen involved but did not get the same punishment I got.  It was injustice.  All I wanted to do is to go on. Want to serve my country again.  No matter what it'll take me to get back in and serve, I would do such.  Please review my discharge code from RE-4 to RE-1 so I can go back in and serve my country.

2.  Please change my discharge type from other than honorable or general to Honorable so I can at least use my G.I. Bill to go to school if can't get back in the service.  I hope it can be done.

Documentation

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

Copies of DD Form 214.
Letter from applicant.

PART II - SUMMARY OF SERVICE

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

	Active:   USN 		None
	Inactive: USNR (DEP)	930824 - 930825	COG

Period of Service Under Review:

Date of Enlistment:  930826		Date of Discharge:  990305

Length of Service (years, months, days):

	Active:    05  06  10
	Inactive:  None

Age at Entry:  19			Years Contracted:  4 (12 months extension)

Education Level:  12			AFQT:  32

Highest Rate:  MSSN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMA		Behavior:  NMA		OTA:  NMA

Military Decorations:  None

Unit/Campaign/Service Awards:  AFEM, SSDR 

Days of Unauthorized Absence:  None 

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

GENERAL UNDER HONORABLE CONDITIONS/MISCONDUCT, authority:  NAVMILPERSMAN, Article 1910-142 (formerly 3630605).

Chronological Listing of Significant Service Events:

950406:	NJP for violation of UCMJ, Article 121: Larceny.
	Award:  Forfeiture of $479.00 per month for 2 months, restriction for 60 days, reduction to E-2.  No indication of appeal in the record.

990211:	NJP for violation of UCMJ, Article 81 (2 Specs): Conspiracy; violation of UCMJ Article 92: (2 Specs), Failure to obey other lawful order; violation of UCMJ Article 134: Contribution of alcohol to a minor under the age of 21.
	Award:  Forfeiture of $637.00 per month for 2 months, restriction and extra duty for 45 days.  No indication of appeal in the record.

990301:	Applicant notified of intended recommendation for discharge general under honorable conditions by reason of misconduct due to the commission of a serious offense [EXTRACTED FROM CASE FILE].

990301:  	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights [EXTRACTED FROM CASE FILE].

990301:	Commanding Officer, Naval Aviation School Command to Officer in Charge, Personnel Support Activity Detachment, Pensacola authorizing discharge general under honorable conditions by reason of misconduct due to the commission of a serious offense.

990311:	Commanding Officer, Naval Aviation School Command authorized discharge general under 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 990305 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).

The NDRB found that the applicant’s issue that the discharge was improper because it was based on an incident that occurred at a service school is without merit.  The applicant was on active duty at the time he committed the offenses. Regardless of where the applicant committed the offense he was on active duty and responsible for his conduct.  Relief not warranted.

The applicant’s statement that he had 5  years and 2 months of honorable service and 2 tours in the Gulf are without merit.  The applicant was discharged due to his misconduct or commission of a serious offense.  The type of discharge issued, “General”, is considered an equitable balance of his good service balanced against his misconduct.  Relief is not warranted.

The applicant’s issue states his discharge was unjust because there were other service members who did not receive the same punishment.  The NDRB found that it is within a Commanding Officer’s discretion to award punishment as he deems necessary for the maintenance of good order and discipline.  Relief is not warranted.

Concerning a change in reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reentry into the naval service or any other of the Armed Forces.  The NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy or Marine Corps.  Reenlistment policy of the naval service is promulgated by the Bureau of Naval Personnel, Pers-282, 5720 Integrity Drive, Millington, TN 38055, and the Commandant, United States Marine Corps, Code MMEA, 3280 Russell Road, Quantico, VA 22134.  Neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to reenlistment.  A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter.  Relief, is therefore, denied.

The Veterans Administration determines eligibility for post-service benefits not the Navy Discharge Review Board.  There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits and this issue does not serve to provide a foundation upon which the Board can grant relief. 

Pertinent Regulation/Law (at time of discharge)
A.  Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective 
12 Dec 97 until Present, Article 1910-142  [formerly 3630605]. SEPARATION 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 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