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

FOR OFFICIAL USE ONLY

ex-AOAN, USN
Docket No. ND06-00708

Applicant’s Request

The application for discharge review was received on 20060502.  The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable.  The Applicant requests a documentary record discharge review.  The Applicant did not designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20070208.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB.  The Board’s vote was unanimous that the character of the discharge shall not change.  The discharge shall remain Under Other Than Honorable Conditions by reason of misconduct due to commission of a serious offense.

The NDRB did note administrative error(s) on the original DD Form 214.  Block 18, Remarks, should contain the following statement:  “CONTINUOUS HONORABLE ACTIVE DUTY FROM 871218 UNTIL 910628.”  The Commander, Navy Personnel Command, Millington, TN, will be notified, recommending the DD Form 214 be corrected or reissued, as appropriate.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Applicant Issues,

The Applicant is requesting a discharge upgrade to honorable.  The Applicant is also requesting an upgrade to enhance his chances for a better paying job.

Documentation

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

Applicant’s DD Form 214

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	19821124 - 19830627	COG
	Active:   USN	19830628 - 19870626	HON
	Inactive: USNR-R	19870627 - 19871217	 
	Active:  USN	19871218 - 19910628	HON
	
Period of Service Under Review:

Date of Enlistment:  19910629		Date of Discharge:  19930702

Length of Service (years, months, days):

	Active:    02  00  03  
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  None
	Confinement:		  None

Age at Entry:  25

Years Contracted:  4 

Education Level:  12				AFQT:  46

Highest Rate:  AO2

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.1 (5) 		Behavior:  3.1 (5) 		OTA:  3.36 

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214):  Meritorious Unit Commendation Ribbon with Bronze Star, Fifth Recruiting Gold Wreath Award, Sea Service Deployment Ribbon, Second Good Conduct Award for period ending 91DEC17, Battle “E” Ribbon, National Defense Service Medal

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority:  MILPERSMAN, Article 3630600.

Chronological Listing of Significant Service Events: 

910628:	Reenlisted this date for a term of 4 years.

930513:	NJP for violation of UCMJ, Article 134: (2 specs) Conduct of a nature to bring discredit upon the Armed Forces.
Specification 1: Did on or between 920308 and 930308 wrongfully utter eight bad checks for a total amount of $150.00.
	Specification 2: Did on or between February and March 1993, present a document from Navy Recruiting Headquarters Memphis concerning reimbursement of travel expenditures.
	Violation of UCMJ, Article 134: Debt, dishonorably failing to pay.
	Specification: Being indebted to Scottish Inn Motel in the sum of $560.00 for lodging which amount became due and payable on 921120, did at Navy Recruiting District from 921120 to 930513, dishonorably fail to pay said debt.
	Violation of UCMJ, Article 134: (6 specs) Check, worthless, making and uttering, by failing to maintain funds.  
	Specification 1: Did on or about 920831 make and utter a certain check number 566, in the amount of $76.44 and did therefore dishonorably fail to maintain sufficient funds upon its presentment for payment.
	Specification 2:  Did on or about 921104 make and utter a certain check number 616, in the amount of $48.50 and did dishonorably fail to maintain sufficient funds upon its presentment for payment.
Specification 3:  Did on or about 930330 make and utter a certain check number 654, in the amount of $163.30 and did dishonorably fail to maintain sufficient funds upon its presentment for payment.
Specification 4:  Did on or about 930331 make and utter a certain check number 655, in the amount of $100.00 and did dishonorably fail to maintain sufficient funds upon its presentment for payment.
Specification 5:  Did on or about 930423 make and utter a certain check number 657, in the amount of $25.00 and did dishonorably fail to maintain sufficient funds upon its presentment for payment.
Specification 6:  Did on or about 930429 make and utter a certain check number 658, in the amount of $50.00 and did dishonorably fail to maintain sufficient funds upon its presentment for payment.
Award:  Forfeiture of $250.00 pay per month for 2 months (suspended for 6 months), reduction to E-4.  No indication of appeal in the record.

930517:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense during this current enlistment.

930518:	Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights.

930524:	Commanding Officer recommended discharge honorable by reason of misconduct due to commission of serious offense.

930527:	Adverse Performance Evaluation Report.

930617:	BUPERS directed the Applicant's under other than honorable conditions discharge by reason of misconduct commission of a serious offense.

930628:	Forfeiture of pay awarded at NJP on 930513 vacated due to continued misconduct. [Extracted from enlisted performance record]

930702:	Applicant administratively reduce to AOAN (NAVPERS 1070/604) [Extracted from enlisted performance record]

930702:	Applicant separated on 920702.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19930712 by reason of misconduct due to commission of a serious offense (A and B) with a service characterization of under other than honorable conditions.  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 is requesting a discharge upgrade to honorable.  When the service of a member of the U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable.  An under other than honorable conditions discharge is warranted when significant negative aspects of a member’s conduct or performance of duty outweigh the positive aspects of the member’s military record.  The Applicant’s service was marred by one nonjudicial punishment proceeding for violations of Article 134 (Conduct of a nature to bring discredit upon the Armed Forces), 134 (Debt, Dishonorably failing to pay) and 134 (Check, worthless, making and uttering, by failing to maintain funds) of the UCMJ.  The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Navy and falls far short of that required for an upgrade of his characterization of service.  Relief is not warranted.

The Applicant is also requesting an upgrade to enhance his chances for a better paying job.  For the edification of the Applicant, the NDRB has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities.  Regulations limit the Board’s review to a determination of the propriety and equity of the discharge.  Relief denied.
  
The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge.  The Applicant can provide documentation to support any claims of post-service accomplishments or any additional evidence related to this discharge.  Representation at a personal appearance hearing is recommended but not required.

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560C), Change 5, effective 
05 Mar 93 until 21 Jul 94, Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT - COMMISSION OF A SERIOUS OFFENSE.

B.  The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article 134.

C.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety.

D.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity.

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 Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction.  You should read Enclosure (5) of the Instruction 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 Instruction 1332.28 and other Decisional Documents by going online at “http://Boards.law.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:

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