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NAVY | DRB | 2004_Navy | ND04-00821
Original file (ND04-00821.rtf) Auto-classification: Denied


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


ex-SR, USN
Docket No. ND04-00821

Applicant’s Request
The application for discharge review was received on 20040416. 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 20041029. 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: UNCHARACTERIZED/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. “I am mentally & physically fit to perform all duties & responsibilities given to me. This is why I am requesting an upgrade on my Reentry to the Armed Forces”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
None

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     010612 - 010719  COG
          Active: None
Period of Service Under Review :
Date of Enlistment: 010720               Date of Discharge: 011105

 Length of Service (years, months, days):
         Active: 00 03 16
         Inactive: None
Age at Entry: 24                          Years Contracted: 4

 Education Level: 14                        AFQT: 52
Highest Rate: SR

 Final Enlisted Performance Evaluation Averages (number of marks):
Performance: NMF*                 Behavior: NMF             OTA: NMF

 Military Decorations: None
Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: 63
*No marks found in record
Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNCHARACTERIZED/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-142 (formerly 3630605).
Chronological Listing of Significant Service Events :

010802:  Recruit Mental Health: Applicant diagnosed with depressive disorder, EPTE.
010803:  Applicant to unauthorized absence 0730, 010803.
011005:  Applicant from unauthorized absence 1235, 011005 (63 days/surrendered). Applicant’s EAOS adjusted to 050920 to reflect time loss.

 011024:  NJP for violation of UCMJ, Article 86: Absent from organization 010803 to 011005.
         Award: Forfeiture of $224 per month for 1 month, restriction and extra duty for 14 days. No indication of appeal in the record.
011029:  Applicant notified of intended recommendation for discharge general (under honorable conditions) by reason of defective enlistment and induction due to erroneous enlistment as evidenced by a depressive disorder and misconduct due to the commission of a serious offense as evidenced by OIC’s NJP of 011024, violation of UCMJ, Article 86, unauthorized absence from 010803 to 011005.
011029:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
011030:  Commanding Officer directed an uncharacterized discharged by reason of misconduct due to the commission of a serious offense.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20011105 with an uncharacterized discharge for misconduct due to the 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.

By regulation, members discharged within the first 180 days of enlistment are given a characterization of service "Uncharacterized" unless there were unusual circumstances regarding performance or conduct, which would merit an "honorable" characterization. The Applicant's service record did not contain any unusual circumstances during his less than four months in the military to warrant a change of discharge to general (under honorable conditions). 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. 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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