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Docket No. ND99-00558

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

 ex-FR, USN
Docket No. ND99-00558

Applicant’s Request

The application for discharge review, received 990312, 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 designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 991213.  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 – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  I am requesting that my reentry code to be changed from (RE4) to a code that is eligible for reenlistment.  I would like my discharge to be change from the O.T.H. to Honorable or a discharge that is eligible for reenlistment.  I am searosley thinking about joining the Marine corps and my previase discharge that received years ago is about onley thing that is holding me up.  Thank for taking the time to review my case.

Documentation

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

Copy of DD Form 214.
Applicant's Record of Unauthorized absence
Applicant's Enlisted Performance Evaluation Report for Period 90FEB21 - 91JAN31

PART II - SUMMARY OF SERVICE

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

	Active:    None
	Inactive:  USNR (DEP)	891017 - 891029	COG

Period of Service Under Review:

Date of Enlistment:  891030		Date of Discharge:  920601

Length of Service (years, months, days):

	Active:    02  07  02 
	Inactive:  None

Age at Entry:  19			Years Contracted:  4 

Education Level:  12			AFQT:  26

Highest Rate:  FA (E-2)

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  2.13 (3)	Behavior:  2.2 (3)		OTA:  2.8

Military Decorations:  None

Unit/Campaign/Service Awards:  AFEM, NDSM, SSDR

Days of Unauthorized Absence:  33

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

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

Chronological Listing of Significant Service Events:

910514:	NJP for violation of UCMJ, Article 90:  failure to obey a lawful command from a superior commissioned officer on 14 Apr 91 violation of UCMJ.
	Award:  30 days correctional custody.  No indication of appeal in the record.

910515:	Retention Warning:  Advised of deficiency (received CO's NJP on 14 May 1991 for violation of Article 90, UCMJ.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 
	
911216:	Unauthorized absence from USS CARL VINSON (CVN70) this date.

911223:	Surrendered onboard this date (7 days).

920105:	Unauthorized absence from USS CARL VINSON (CVN70) this date.

920106:	Surrendered onboard this date (1 day).

920116:	Unauthorized absence from USS CARL VINSON (CVN70) this date.

920211:	Surrendered onboard this date (25 days).

920226:	Summary Court Martial
Violation of the UCMJ, Article 86:  unauthorized absence from USS CARL VINSON (CVN 70) from 0715, 16 Dec 91 until 1430, 23 Dec 91; 0730, 5 Jan 92 until 0735, 6 Jan 92; 0700, 16 Jan 92 until 1540, 11 Feb 92).
Findings:  Guilty
	Sentence:  Confinement for 24 days followed by confinement on bread and water for 3 days, forfeiture of 2/3 pay per month for 1 month, restriction and extra duty for 00 days, reduction to E-1.  No indication of appeal in the record.  [Extracted from CO, USS CARL VINSON's ltr of Apr 30, 1992.]

920330:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

920330:	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.  Applicant did not object to separation.

920430:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense 

920525:	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 920601 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).

To permit relief, an error or injustice must be found to have existed during the period of enlistment under review.  There was nothing in the records, nor did the applicant provide any documentation, to indicate there existed an error of fact, law, procedure, or discretion at the time of discharge.  There was no rights violation and no basis for relief.

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 MMPE‑5, Washington, DC  20380-3001.  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.

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 obtain a copy of DoD Directive 1332.28 by writing to:

		DA Military Review Boards Agency
		Management Information and Support Directorate
		Armed Forces Reading Room
		Washington, D.C.  20310-1809

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
		Washington Navy Yard
		720 Kennon Street SE RM 309
		Washington, D.C.  20374-5023

The remaining portion of this document is divided into 4 Parts: Part I - Applicant’s Issues and Documentation, Part II - Summary of Service, Part III – Rationale for Decision and Pertinent Regulation/Law, Part IV - Information for the Applicant.
INDEX:  A6730/A9241/A9217/A9447