Search Decisions

Decision Text

NAVY | DRB | 2004_Navy | ND04-00876
Original file (ND04-00876.rtf) Auto-classification: Denied


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

ex-SN, USN
Docket No. ND04-00876

Applicant’s Request
The application for discharge review was received on 20040507. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. 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 20041103. 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. “I would like to request that my discharge be changed to honorable upon the reasons behind my current discharge status in order for me to be admitted into an educational program and my RE code to be waived if possible for further military interest. I would like for my military records be reviewed to the times and reasons why I was given this discharge.”

 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):
         Inactive: USNR (DEP)     960731 - 961020  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 961021               Date of Discharge: 980327

 Length of Service (years, months, days):

         Active: 01 05 07
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

 Education Level: 12                        AFQT: 40

 Highest Rate: SN

 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: 7

No marks found in Applicant’ s service record

 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 :

970620:  Naval Hospital, Charleston, SC: Diagnosed with an adjustment disorder with anxiety.

980203:  Applicant to unauthorized absence 0730, 980203.

980210:  Applicant from unauthorized absence 0750, 980210 (7 days/surrendered).

980327:  DD Form 214: Applicant discharged under other than honorable conditions by reason of misconduct due to a pattern of misconduct, authority: NAVMILPERSMAN, Article 1910-140.

No discharge package available

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19980327 with a general (under honorable conditions) for misconduct due to a pattern of misconduct (A). After a thorough review of the available records, supporting documents, facts, and circumstances unique to this, the Board found that the discharge was proper and equitable (B and C). The presumption of regularity of governmental affairs was applied by the Board in this case in the absence of a complete discharge package (D).

Issue 1: T he Board has no authority to upgrade a discharge for the sole purpose of enhancing educational opportunities. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge. Relief denied.

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.

A characterization of service of under honorable conditions (general) is warranted when significant negative aspects of a member’s conduct or performance of duty outweigh the positive aspects of the member’s military record. T he Applicant did not provide sufficient documentation to refute the presumption that his performance and/or conduct fell short of that required for an honorable 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. 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 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

C. 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.

D. 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.

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      

Similar Decisions

  • NAVY | DRB | 1999_Navy | ND99-00495

    Original file (ND99-00495.rtf) Auto-classification: Denied

    The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/ PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-140 (formerly 3630600).The NDRB did note an administrative error on the original DD Form 214. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of DD Form 214 Copy of charge sheet dated 4 March 1998 Statement from applicant Letter from Department of Treasury to the applicant...

  • NAVY | DRB | 2000_Navy | ND00-00370

    Original file (ND00-00370.rtf) Auto-classification: Denied

    The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/ PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-140 (formerly 3630600).The NDRB did note an administrative error on the original DD Form 214. PART I - APPLICANT’S ISSUES AND DOCUMENTATION The applicant’s issue 4 is a non-decisional issue for the Board.

  • NAVY | DRB | 2002_Navy | ND02-00284

    Original file (ND02-00284.rtf) Auto-classification: Denied

    I submit this application for a change in my discharge. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of DD Form 214 Fifty-five pages from applicant's service record PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: None Period of Service Under Review :Date of Enlistment: 960522 Date of Discharge: 980729 Length of Service (years,...

  • NAVY | DRB | 2002_Navy | ND02-00626

    Original file (ND02-00626.rtf) Auto-classification: Denied

    Re: Request Discharge Review Attn: To Whomever It May ConcernI am writing this letter respectfully requesting that my discharge of general under honorable conditions be reviewed and changed to an honorable discharge. No indication of appeal in the record.000928: Applicant found fit for confinement.010725: DD Form 214: Applicant discharged under honorable conditions (general) by reason of misconduct due to a pattern of misconduct.Discharge package missing from service record. There is no...

  • NAVY | DRB | 2002_Navy | ND02-00854

    Original file (ND02-00854.rtf) Auto-classification: Denied

    ND02-00854 Applicant’s Request The application for discharge review, received 020530, requested that the characterization of service on the discharge be changed to honorable. 980210: Applicant apprehended by military authorities 1400, 980210.980210: Applicant from unauthorized absence 1800, 980210 (104 days/apprehended).980213: Vacate suspended forfeiture awarded at CO's NJP dated 971020 due to continued misconduct.980213: Applicant reduced to SR. 980224: DD Form 214: Applicant discharged...

  • NAVY | DRB | 2003_Navy | ND03-00974

    Original file (ND03-00974.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to entry level separation or uncharacterized. Documentation In addition to the service record, ONLY PARTIAL DISCHARGE PACKAGE AVAILABLE, 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) 980130 - 980210 COG Active: USN None Period of Service...

  • NAVY | DRB | 2001_Navy | ND01-00557

    Original file (ND01-00557.rtf) Auto-classification: Denied

    The NDRB also advised that the board first conducts a documentary review prior to any personal appearance hearing. The discharge shall remain: GENERAL (UNDER HONORABLE CONDITIONS)/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-140 (formerly 3630600). The NDRB finds no merit in the applicant’s issue that a recruiting irregularity ultimately led to his separation from the Navy.

  • NAVY | DRB | 2002_Navy | ND02-00161

    Original file (ND02-00161.rtf) Auto-classification: Denied

    (Equity Issue) This former member further requests that the Board include provisions of SECNAVINST 5420.174C, enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of this application. Plan: Intensive Outpatient Substance Dependence Treatment, DAPA to schedule appointment for treatment and 12 Step (AA) Meetings - 1 per week until treatment.980213: NJP for violation of UCMJ, Article 86: unauthorized absence from unit.Award: Forfeiture of $100 per month for...

  • NAVY | DRB | 2000_Navy | ND00-00281

    Original file (ND00-00281.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION Chronological Listing of Significant Service Events :980910: NJP for violation of UCMJ, Article 86: Unauthorized absence from 0700, 27Aug98 to 1230, 5Sep98 (9 days). 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

  • NAVY | DRB | 2001_Navy | ND01-01164

    Original file (ND01-01164.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-SN, USN Docket No. The Applicant did not provide any of these documents. He 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.