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Docket No. ND02-00854

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

 ex-SR, USN
Docket No. ND02-00854

Applicant’s Request

The application for discharge review, received 020530, 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 030228.  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 - Pattern of Misconduct, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1.  I request the board to consider upgrading my discharge to honorable and to up grade my re-enlistment code so that I might rejoin the Navy and correct the errors of my past.

Documentation

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

Applicant's DD Form 214
Statement from Applicant, dated May 6, 2002
Statement from Pastor, dated May 11, 2002
Statement from Applicant’s Employer, dated May 8, 2002
Character Reference, dated April 29, 2002
Letter of Recommendation, dated May 2, 2002
Statement from Chief of Police, City of Opp, Alabama, dated May 8, 2002
Character Reference, undated
Character Reference, dated April 29, 2002
Letter from Applicant, dated September 17, 2002

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	960913 - 961016	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  961017		Date of Discharge:  980224

Length of Service (years, months, days):

	Active:    01  04  08			(Does not include lost time)
	Inactive:  None

Age at Entry:  19			Years Contracted:  4

Education Level:  12			AFQT:  31

Highest Rate:  SN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  1.33 (3)	Behavior:  1.33 (3)		OTA:  1.72

Military Decorations:  None

Unit/Campaign/Service Awards:  None

Days of Unauthorized Absence:  163

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:

970812:	Applicant to unauthorized absence 0600, 970811.

970902:	Applicant missed ship's movement.

970911:	Applicant declared a deserter.

971010:	Applicant from unauthorized absence 0500, 971010 
(59 days/surrendered).

971020:	NJP for violation of UCMJ, Article 86: Unauthorized absence, violation of UCMJ, Article 87 (2 specs):  Missing ship's movement.
	Award: Forfeiture of $505.05 per month for 2 months, restriction and extra duty for 45 days, reduction to SA.  Forfeiture suspended for 6 months.  No indication of appeal in the record.

971029:	Applicant to unauthorized absence 1500, 971029.

971029:	Applicant declared a deserter.

971103:	Applicant missed ship's movement.

980210:	Applicant apprehended by military authorities 1400, 980210.

980210:	Applicant from unauthorized absence 1800, 980210 
(104 days/apprehended).

980213:	Vacate suspended forfeiture awarded at CO's NJP dated 971020 due to continued misconduct.

980213:	Applicant reduced to SR.

980224:	DD Form 214: Applicant discharged general (under honorable conditions) by reason of misconduct due to a pattern of misconduct.

Applicant's discharge package missing from service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 980224 with a discharge characterization of 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: 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.  The Board found the Applicant’s age, education level, and test scores qualified him for enlistment.  While he may feel that immaturity and inexperience were factors that contributed to his actions, the record clearly reflects his disregard for the requirements of military discipline and demonstrated that he was unsuited for further service.  Relief denied.

Concerning a change in reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces.  Neither a less than fully honorable discharge nor an unfavorable “RE” code is, in itself, a bar to reenlistment.  A request for waiver is normally done only during the processing of a formal application for enlistment through a recruiter.  Relief is therefore denied.

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, a positive employment record, documentation of community service and certification of non-involvement with civil authorities, are examples of verifiable documents that should be provided to receive consideration for relief, based on post-service conduct.  At this time, the Applicant has not provided sufficient documentation of good character and conduct to mitigate his misconduct while on active duty.  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 additional documentation to support any claims of post-service accomplishments at that time.  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 18, effective
12 Dec 1997 until Present, Article 1910-140 (formerly 3630600), SEPARATION BY REASON OF MISCONDUCT - 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 “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

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:  A6710/A9241/A9301/A9449/A9221