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NAVY | DRB | 2002_Navy | ND02-00510
Original file (ND02-00510.rtf) Auto-classification: Denied


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


ex-RMSR, USN
Docket No. ND02-00510

Applicant’s Request
The application for discharge review, received 020305, 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 021121. 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 1910-140 (formerly 3630600).



PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues, as submitted

1. My intention is not to debate my actions, but to say that I have made mistakes in the past and that I have learned from them. I have matured and grown a great deal as a person since my military service. My discharge resulted in a reentry code of RE-4. I make no excuses for my undesirable discharge. I only wish to say that I am still a young man who would like to have the opportunity to serve again should his country need him. Sincerely,

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copies of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              920616 - 970615  HON
          Inactive: USNR (DEP)     None                       COG
Period of Service Under Review :
Date of Enlistment: 980128               Date of Discharge: 991008

 Length of Service (years, months, days):
         Active: 01 08 11
          Inactive: None
Age at Entry: 23                          Years Contracted: 4

 Education Level: 12                        AFQT: 53
Highest Rate: RMSN

 Final Enlisted Performance Evaluation Averages (number of marks):
Performance: 3.00 (2)    Behavior: 3.00 (2)                OTA: 3.00
Military Decorations: None

 Unit/Campaign/Service Awards: SSDR, GCM, NDSM, AFSM, Letter of Commendation
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 1910-140 (formerly 3630600).
Chronological Listing of Significant Service Events :

981030:  Applicant participated in a 20 hour alcohol IMPACT treatment from 26Oct98 to 30Oct98.
990410:  NJP for violation of UCMJ, Article 134: Drunk and disorderly on 8 Apr 99.
         Award: Restriction for 60 days, reduction to RMSA. No indication of appeal in the record.
990410:  Retention Warning: Advised of deficiency (Drunk and disorderly), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

990609:  Applicant to Level 2 treatment.

 990617:  Applicant completed Level 2 intensive out-patient treatment program for alcohol dependence.

990918:  NJP for violation of UCMJ, Article 86: Unauthorized absence 1800 - 2245, 27 Aug 99, violation of UCMJ, Article 92: Failure to obey a lawful order on 27 Aug 99, to wit: wrongfully consuming alcoholic beverages while on Class Alpha (modified) liberty risk, violation of UCMJ, Article 134: Drunk and disorderly conduct on 27 Aug 99.
         Award: Forfeiture of $479 per month for 2 months, restriction and extra duty for 45 days, reduction to RMSR. No indication of appeal in the record.
990919:  Applicant notified of intended recommendation for discharge under honorable conditions (general) by reason of misconduct due to a pattern of misconduct, misconduct due to commission of a serious offense and alcohol abuse rehabilitation failure.
990919:  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

990920:  Commanding Officer, USS BLUE RIDGE (LCC 19) directed discharge under honorable conditions (general) 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 991008 under honorable conditions (general) 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. 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.
The Applicant’s discharge characterization accurately reflects his service to his country. Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question. No such error or inequity 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. Relief not warranted.

The Applicant 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. 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      


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