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

 ex-DN, USN
Docket No. ND01-00733

Applicant’s Request

The application for discharge review, received 010507, 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 011127.  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)/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1.  Sir/Ma'am,

I am (applicant), I know I made a lot of mistakes when I was in the service, by writing a lot of bounces checks, it was my ex-wife who wrote all those but I didn't told anyone when I was at captains mast I protected her, coz I knew it wouldn't matter it will affect me that's why I kept silent.  Now that we are separated from each other, all my credit are clean and took care of all the bad ones.  I have the custody of my 2 daughters ages 11 and 9 years old.  I don't get any support from my ex-wife, because since we were married she never work until now.  All I am asking sir, if you could change my discharged from general/under honorable to honorable discharge, because I really need my Montgomery G.I. bill to help my family and support my 2 daughters by going to school.  I am a single father and its really tough when I'm a lone raising my children.  Please help me.  Your the only one that can give my family help and support.  I am really very sorry for what I've done.  I hope you'll give me a chance for my 2 daughters sake.  I really appreciate for taking time to look at my paperwork and god bless you

Applicant marked the block "I HAVE LISTED ADDITIONALLY ISSUES AS AN ATTACHMENT TO THIS APPLICATION."  None were found.

Documentation

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

Copy of child support case registry form
Copy of notice of entry of judgment
Copy of judgment
Copy of notice of rights and responsibilities
Copy of information sheet on changing a child support order
Copy of marital settlement agreement
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

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

	Active:   USN 		910408 - 930225	HON
	Inactive: USNR (DEP)	880625 - 881116	ELS
		   USNR (DEP)	910316 - 910407	COG

Period of Service Under Review:

Date of Enlistment:  930226		Date of Discharge:  960613

Length of Service (years, months, days):

	Active:    03  03  18
	Inactive:  None

Age at Entry:  24			Years Contracted:  4

Education Level:  11			AFQT:  Unknown

Highest Rate:  DT3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.77 (6)	Behavior:  3.27 (6)		OTA:  3.73	4.0 evals
Performance:  4.00 (1)	Behavior:  1.00 (1)		OTA:  2.83	5.0 evals

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, GCM, OSR (2), SOSR

Days of Unauthorized Absence:  None

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

GENERAL (UNDER HONORABLE CONDITIONS)/PATTERN OF MISCONDUCT, authority:  NAVMILPERSMAN, Article 3630600.

Chronological Listing of Significant Service Events:

940308:	XOI for applicant's alleged violation of Article 117: Provoking speech or gesture on 22Dec93, to wit: flipped his middle finger and brandished a pocket knife towards a SRA.  Applicant was warned that in the future, for his safety and as a petty officer, he should maintain his composure and avoid similar offenses.  As a petty officer, he should set an example for junior personnel.  Case was dismissed and page 13 entry is made.

941115:	Retention Warning from [Third Dental Battalion/U. S. Naval Dental Center, Okinawa, Japan]:  Advised of deficiency (Making, drawing or uttering checks, drafts or orders without sufficient funds.  Dishonored check for $879.00). Notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

950123:	Retention Warning from U.S. Naval Dental Center, Okinawa, Japan:  Advised of deficiency (Failure to pay due debts in a timely manner). Notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

950510:	Applicant has appointment with Family Services Financial Counselor.

950515:	NJP for violation of UCMJ, Article 134 (2 specs): (1) Uttering worthless checks in the amount of $1000.00 and $600.00 for the purpose of obtaining cash, (2) Uttering worthless check in the amount of $47.10 for the purpose of obtaining merchandise.
	Award: Forfeiture of $636 per month for 1 month, reduction to DN.  Punishment suspended for 6 months.  No indication of appeal in the record.

950922:	Vacate reduction to DN and forfeiture of $567.30 for 1 month awarded at CO's NJP dated 15May95 due to continued misconduct.

951020:	Applicant advised he failed the physical readiness standards test (run) conducted on 6Oct95.

951103:	NJP for violation of UCMJ, Article 123A (3 specs): (1) Unlawfully making, uttering, and delivering worthless check in the amount of $300.00 with intent to defraud or for procurement of lawful currency and/or a thing of value on 4Oct95, (2) Unlawfully making, uttering, and delivering worthless check in the amount of $300.00 with intent to defraud or for procurement of lawful currency and/or a thing of value on 12Oct95, (3) Unlawfully making, uttering, and delivering worthless check in the amount of $300.00 with intent to defraud or for procurement of lawful currency and/or a thing of value 20Oct95.
	Award:  Forfeiture of $636 per month for 1 month, reduction to DN.  Punishment suspended for 6 months.  No indication of appeal in the record.

960226:	Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.

960226:	Third Dental Battalion/U. S. Naval Dental Center, Okinawa, Japan notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and misconduct due to commission of a serious offense as evidenced by all punishments under the UCMJ in your current enlistment.

960501:	Applicant waived his right to an administrative discharge board.

960506:	Retention Warning from U.S. Naval Dental Center, Okinawa, Japan:  You are being processed for administrative separation.  Pending that separation, the following deficiencies in your performance and/or conduct are identified: (Additional dishonored checks totaling $1,227.00 since your NJP held 3 November 1995.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

960507:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and misconduct due to commission of a serious offense.  Commanding officer’s comments (verbatim): DN (applicant) was initially processed for administrative discharge by reason of misconduct due to a pattern of misconduct and misconduct due to commission of a serious offense.  His record details offenses and punishments.  He initially requested an administrative board and that process was begun.  Just prior to convening of the administrative board I learned of additional misconduct on the part of DN (applicant) that occurred after his last NJP to include 13 more worthless checks totaling $1227.00 (including late charges).  Subsequent to the command's knowledge of the latest misconduct, DN (applicant) presented his letter in which he withdrew his request for an administrative discharge board and requested immediate separation.  DN (applicant) is clearly not capable of conduct that warrants retention in the U.S. Navy and further punishment under the UCMJ in this case will serve no useful purpose.  I am requesting that DN (applicant) be discharged as quickly as possible and that his discharge be characterized as general (under honorable conditions).

960516:	BUPERS directed the applicant's discharge general (under honorable conditions) by reason of misconduct due to a pattern of misconduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 960613 general (under honorable conditions) for misconduct due to a pattern of misconduct (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).

Issue 1.  The Veterans Administration determines eligibility for post-service benefits, not the NDRB.  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.

The applicant’s discharge characterization accurately reflects his service to his country.  The discharge was proper and equitable.  Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question.  No such error or injustice occurred during the applicant’s enlistment.  Additionally, there is no law, or regulation, which 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.  However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review.  Verifiable proof of any post-service accomplishments must be provided in order for the applicant to claim post-service conduct and behavior as a reason to upgrade a less than Honorable discharge.  Evidence of continuing educational pursuits, an employment record, documentation of community service, certification of non-involvement with civil authorities and proof of his not using drugs, are examples of verifiable documents that should have been provided to receive consideration for relief, based on post-service conduct.  The applicant did not provide sufficient documentation to warrant an upgrade to his discharge.  He is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge.  The applicant can provide additional documentation to support any claims of post-service accomplishments at that time.  Legal representation at a personal appearance hearing is highly recommended but not required.  Relief denied.

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560C, Change 9, effective 
22 Jul 94 until 02 Oct 96), Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – A PATTERN OF MISCONDUCT. 

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 “afls10.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