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NAVY | DRB | 1999_Navy | ND99-00134
Original file (ND99-00134.rtf) Auto-classification: Denied


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

ex-FR, USN
Docket No. ND99-00134

Applicant’s Request
The application for discharge review, received 981102, 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 991012. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned the applicant was improperly discharged. The Board’s vote was unanimous that the character and reason of the discharge shall change to: HONORABLE/SECRETARIAL AUTHORITY: NAVMILPERSMAN, 3630900.




PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues

 Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Applicant's ltr of 25 Aug 98

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     951211 - 960625  COG

 Period of Service Under Review :
Date of Enlistment: 960626               Date of Discharge: 980204

 Length of Service (years, months, days):

         Active: 01 07 09
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 46

 Highest Rate: FA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF                  Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR

Days of Unauthorized Absence: 28

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

GENERAL (UNDER HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-138 (formerly 3630615).

 Chronological Listing of Significant Service Events :

971206:  NJP for violation of UCMJ, Article 86: absence without leave, violation of UCMJ Article 92: failure to obey order or regulation.
         Award: Forfeiture of $150 per month for 2 months, restriction and extra duty for 30 days, reduction to E-1. No indication of appeal in the record.
980127:  NJP for violation of UCMJ, Article 86: absent without leave (22 Dec 97 - 20 Jan 98; violation of UCMJ Article 92: failure to obey order or regulation.
         Award: Administrative Separation (Under General Conditions)
980127:  Applicant acknowledged his restriction awarded at NJP on 980127 will commenced and run consecutively until 26 February 1998. Applicant further acknowledged that failure to adhere to all orders and regulations will result in further administrative and/or disciplinary action.

980127:  Applicant notified of intended recommendation for discharge with a general under honorable conditions by reason of misconduct due to a pattern of minor disciplinary infractions as evidenced by all punishments under the UCMJ in current enlistment.
980127:  Applicant advised of his rights and elected to waive all rights.
(NOTE: COMPLETE DISCHARGE PACKAGE NOT AVAILABLE and SEP AUTHORITY NOT IN RECORD.)

 980204:  Applicant discharge with a general (under honorable conditions) by reason of misconduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 980204 with a general (under honorable conditions) for misconduct due to pattern of misconduct (A). The Board found the discharge was improper due to the non-issuance of NAVPERS 1070/613 (counseling/warning). The Board voted unanimously to upgrade the applicant’s discharge to Honorable with reason for separation: Secretarial Authority NAVMILPERSMAN 3630900 (B).

 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 MMPE5, 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 on this issue is denied.


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. The Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective 12 Dec 97 until Present, Article 1910-164 (formerly 3630900), Separation by Reason of Best Interest of the Service (BIOTS).

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     

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