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NAVY | DRB | 2004_Navy | ND04-00283
Original file (ND04-00283.rtf) Auto-classification: Denied


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


ex-ENFN, USN
Docket No. ND04-00283

Applicant’s Request
The application for discharge review was received on 20031202. The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. The Applicant requests 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 20040817. 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: UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910 - 142 (formerly 3630605).





PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated
Applicant’s issues, as stated on the application:

 1. “So that I can join the reserves my discharge was unjust.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copies of DD Form 214 (2)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     980328 - 980920  COG
         Active: USN                        None
Period of Service Under Review :
Date of Enlistment: 980921               Date of Discharge: 020523

 Length of Service (years, months, days):
         Active: 03 08 03
          Inactive: None
Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 39
Highest Rate: EN3

 Final Enlisted Performance Evaluation Averages (number of marks):
Performance: 3.50 (2)    Behavior: 2.00 (2)                OTA: 3 .06

 Military Decorations: None
Unit/Campaign/Service Awards: CGUCR, AFEM, MUCR, HSM, NAVY”E”

 Days of Unauthorized Absence: 1
Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-142 (formerly 3630605).
Chronological Listing of Significant Service Events :

000502:  UA from and missed movement of USS BUNKER HILL (CG-52) at San Diego, as of 0630, 000502.
000503:  Surrendered at 0630, 000503 onboard USS BUNKER HILL (CG-52) at San Diego, CA (1day/S).
000512:  NJP for violation of UCMJ, Article 86: Absence without leave, violation of UCMJ Article 87: Missing movement of ship.
         Award: Forfeiture of $150.00 pay per month for 1 month, restriction to the limits of the ship for 10 days, and extra duty for 10 days, reduction to E-2 (suspended for 6 months). No indication of appeal in the record.
010403:  NJP for violation of UCMJ, Article 92: Dereliction of duty.
         Award: Forfeiture of $150.00 pay per month for 2 months, restriction and extra duty for 20 days, reduction to E-3. No indication of appeal in the record.
010404:  Retention Warning: Advised of deficiency (Violation of the UCMJ, Article 92, (Dereliction of duty), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
        
011017:  NJP for violation of UCMJ, Article 86: Unauthorized absence, violation of UCMJ Article 89: Disrespect towards a Superior Commissioned Officer, violation of UCMJ Article 91: Contempt or disrespect toward a Petty Officer, violation of UCMJ, Article 134: Soliciting another to commit an offense.
         Award: Forfeiture of $250.00 pay per month for 2 months, restriction and extra duty for 30 days, reduction to E-3 (suspended for 6 months). No indication of appeal in the record.
011205:  NJP for violation of UCMJ, Article 134: Contributing to the delinquency of a minor (drunk and disorderly).
         Award: Forfeiture of $100.00 pay per month for 2 months, restriction and extra duty for 30 days (15 days suspended), reduction to E-3 (suspended for 6 months). No indication of appeal in the record.
020411:  NJP for violation of UCMJ, Article 86: Unauthorized absence, violation of UCMJ Article 90: Willfully disobeying a Superior Commissioned Officer, violation of UCMJ Article 92: Failure to an order or regulation.
         Award: Forfeiture of $500.00, restriction and extra duty for 45 days, suspended reduction in rate vacated. No indication of appeal in the record.
020429:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to pattern of misconduct as evidenced by CO’s NJP of 020411 and misconduct due to commission of a serious offense as evidenced by CO’s NJP of 020411.
020429:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
020517:  Commander, Cruiser-Destroyer Group ONE authorized the Applicant's discharge under other than honorable conditions by reason of misconduct due to pattern of misconduct and misconduct due to the commission of a serious offense.
020702:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to pattern of misconduct as evidenced by CO’s NJP of 020411 and misconduct due to commission of a serious offense as evidenced by CO’s NJP of 020411.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20020523 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).
Issue 1. The NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy. 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.

A characterization of service of under other than honorable conditions is warranted when the member's conduct constitutes a significant departure from that expected of a sailor. The Applicant’s service was marred by award of nonjudicial punishment (NJP) on five occasions for violations of articles 86, 87, 89, 91, 92 and 134 of the UCMJ. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his disobedience of the orders and directives which regulate good order and discipline in the naval service, and falls short of that required for an honorable or under honorable (general) characterization of service. 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 or any other evidence relating to his discharge 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 31, dated 20 Feb 01, effective 25 Jan 01 until 21 Aug 02, Article 1910-142 [formerly 3630605]. SEPARATION 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 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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