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NAVY | DRB | 2003_Navy | ND03-00595
Original file (ND03-00595.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND03-00595

Applicant’s Request
The application for discharge review was received on 20030221. The Applicant requests the characterization of service received at the time of discharge be changed to honorable or entry level separation or uncharacterized. The Applicant requests a personal appearance discharge review before a traveling panel closest to Pch, PA and also requests a documentary record discharge review. The Applicant did not list any representative on the DD Form 293. . In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) does not travel; all hearings are held in the Washington DC area. The NDRB also advised that the board first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040128. 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: GENERAL (UNDER HONORABLE CONDITIONS)/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-140 (formerly 3630600).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

1. “Please know that this is a chance for reenlistment. I have a copy of my DD 214 enclosed. My situation has put me in distress. I had a confrontation and was put out of the Navy. I feel I am beneficial and I would please like to be allowed to return into the military

Being discharged has put a burden on me. I wish to change my entry code so I can reenlist into active duty of the United States Navy. Enclosed is my DD 214, I want to change my RE-Code. I feel now knowing that being put out for bad conduct or patterns as such is terrible and unacceptable. I want another chance for my career my military justice was unfair I feel. Please contact me and consider this Plea. I would like to adapt and commit to military life. This privilege is a tremendous freedom, and I would like that chance to return to military life.”

 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):
         Active: USMX              951121 - 951204  HON
         Inactive: USNR (DEP)     000328 - 000426  COG

 Period of Service Under Review :
Date of Enlistment: 000427               Date of Discharge: 020117

 Length of Service (years, months, days):

         Active: 01 08 21         Does not exclude lost time
         Inactive: None

 Age at Entry: 23                          Years Contracted: 4

 Education Level: 12                        AFQT: 31

 Highest Rate: SA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.00 (1)    Behavior: 1.00 (1)                OTA: 1.83

 Military Decorations: None

 Unit/Campaign/Service Awards: NER

 Days of Unauthorized Absence: 39
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 :

001113:  Applicant to unauthorized absence 0715, 001113.

001116:  Applicant from unauthorized absence 0930, 001116 (3 days/surrendered).

 010216:  NJP for violation of UCMJ, Article 86 (2 specs): (1) Unauthorized absence from 0530, 010116 to 0715, 010122 (6 days/surrendered), (2) Unauthorized absence from 0615, 010130 to 0815, 010201 (2 days/surrendered).
         Award: Forfeiture of $521 per month for 2 months, correctional custody for 30 days. No indication of appeal in the record.
010216:  Retention Warning: Advised of deficiency (On 16 February 2001, you received nonjudicial punishment for Violation of the UCMJ, Article 86: two specifications of unauthorized absence.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

010406:  Applicant missed ship’s movement.

010703:  Applicant to unauthorized absence 0415, 010701.

010805:  Applicant from unauthorized absence 1815, 010805 (28 days/surrendered).

 010808:  NJP. No further information found in service record.
         Award: No indication of appeal in the record.
010808:  Retention Warning: Advised of deficiency (On 08 August 2001, you received nonjudicial punishment for Violation of the UCMJ, Article 86: Unauthorized absence, Article 87: Missing movement, and Article 92: Orders violation.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

011116:  NJP for violation of UCMJ, Article 86: Unauthorized absence, violation of UCMJ, Article 92: Disobey a lawful order.
         Award: Forfeiture of $521.40 per month for 1 month, restriction and extra duty for 45 days. No indication of appeal in the record.
011116:  Retention Warning: Advised of deficiency (On 16 November 2001, you received nonjudicial punishment for violation of the UCMJ, Article 86: Unauthorized absence and Article 92: Disobeyed a lawful order.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

020117:  DD Form 214: Applicant discharged general (under honorable conditions) by reason of misconduct due to a pattern of misconduct, authority: NAVMILPERSMAN, Article 1910-140.

Applicant’s discharge package missing from service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20020117 with a 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. 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. An unfavorable “RE” code is, in itself, not a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.

The following is provided for the edification of the Applicant. 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 naval service. The NDRB is authorized, however, to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review. Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, and certification of non-involvement with civil authorities.

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 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 21 Aug 2002, 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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