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

ex-ABEAN, USN
Docket No. ND00-01021

Applicant’s Request

The application for discharge review, received 000831, requested that the characterization of service on the discharge be changed to honorable.  The applicant requested a personal appearance hearing discharge review before the Board in the Washington National Capital Region.  The applicant did not list any representative on the DD Form 293.  In the acknowledgement letter to the applicant, he was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010215.  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: OTHER THAN HONORABLE CONDITIONS/Misconduct – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  Fraudulent enlistment filing fraudulent claim for housing w/US Navy wife abuse.

Documentation

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

Copy of Associate in Art Degree
Letter of Recommendation from President of Fresno City College
Reference Letter from UCP Camp Director
Copy of Criminal Record Clearance
Letter of Recommendation from President of Alpha Gamma Sigma Alpha Zeta Chapter Fresno City College
Employment Reference Letter from Support Service Coordinator Fresno City College
Reference Letter from Athletic Instructor Fresno City College
Reference Letter from President/CEO of YMCA Fitness Center
Reference Letter from Executive Director of YMCA Fitness Center
Character Reference Letter
Letter of Recommendation from Equipment Coordinator Fresno State University
Copy of Volunteer Time Sheet
Copies of DD Form 214 (2)
.

PART II - SUMMARY OF SERVICE

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

	Active:   USN			None
	Inactive: USNR (DEP)	880823 - 880828	COG

Period of Service Under Review:

Date of Enlistment:  880829		Date of Discharge:  911126

Length of Service (years, months, days):

	Active:    03  02  27
	Inactive:  None

Age at Entry:  27			Years Contracted:  4 

Education Level:  12			AFQT:  24

Highest Rate:  ABEAN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMA		Behavior:  NMA		OTA:  NMA

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM 

Days of Unauthorized Absence:  None 

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

OTHER THAN HONORABLE CONDITIONS/Misconduct – commission of a serious offense, authority:  NAVMILPERSMAN, Article 3630600.

Chronological Listing of Significant Service Events:

910930:	NJP for violation of UCMJ, Article 132: Fraudulent claim against the United States (Submitted false lease agreement for the purpose of obtaining BAQ and VHA).
	Award:  Forfeiture of $481.00 per month for 1 month, restriction and extra duty for 45 days.  No indication of appeal in the record.

910930:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of defective enlistment and induction due to fraudulent entry into the naval service as evidenced by failure to reveal on DD Form 1966, Record of Military Processing -Armed Forces of the United States, prior civilian arrest; and by reason of misconduct due to the commission of a serious offense as evidenced by assault consummated by battery (spousal abuse) on numerous occasions during the timeframe February 1991 to July 1991 and by making a false claim against the U.S Navy on or about 1 May 1991.

911016:  	Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.

911016:	An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant committed misconduct due to defective enlistment and induction due to fraudulent entry and committed a serious offense, that the misconducts warranted separation, and recommended discharge other than honorable conditions.

911104:	Commanding officer recommended discharge under other than honorable conditions by reasons of defective enlistment and induction due to fraudulent entry into the naval service and misconduct due to the commission of a serious offense.

911121:	BUPERS directed the applicant's discharge under other 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 911126 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 applicant’s issue states:  “Fraudulent enlistment filing fraudulent claim for housing w/US Navy wife abuse.”  The Board found the issue non decisional.  Relief is denied.

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.  Representation at personal appearance hearing is highly recommended.

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560C), effective 15 Aug 91 until 
04 Mar 93, Article 3630600, 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 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