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NAVY | DRB | 2005_Navy | ND0500490
Original file (ND0500490.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND05-00490

Applicant’s Request
The application for discharge review was received on 20050131. 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 review. The Applicant did not list any representative on the DD Form 293.

Decision

A documentary review was conducted in Washington, D.C. on 20050511. 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. “To whom it may concern:

 I am writing this letter to request an upgrade of my RE4 discharge. I wish to join the army, and I cannot do that, unless my discharge code is changed. When I went into the Navy, in June of 2001, I had just graduated high school at 17 years old. I was stationed on a ship in Guam. I was young and made very bad mistakes during my time in the armed forces. I began to hang out with a negative group of people in the navy. The country was new to me and it seemed that there was not much to do other than go out drinking when I was off duty. I felt very homesick and was too young to deal with it properly. There is no excuse for my actions while I was serving in the armed forces. I made horrible choices and didn’t appreciate the honor I had been given to serve my country. It has been my dream, since I was very young, to defend my country by serving in the military. There is nothing else I can imagine myself doing during my life. I cannot change my past mistakes, but I can tell you that I believe I have learned from them. I have matured a great deal since I was discharged from the Navy. I have had a stable job for over a year and am taking classes at the local community college. I have my own apartment and know the responsibility of having to support myself financially. I have learned many things in the last few years, including the values of responsibility, and accepting the consequences of my actions. I feel that I am a very different person than I was at the time of my enlistment. I have clear goals and a strong will to live up to my potential. I need your help to achieve my dream of being a soldier. I ask that you please give me a second chance to serve my country. I wish to take advantage of that great opportunity and the honor to be in the armed forces. Please allow me to prove to you that I can be a good soldier who defends her country with pride, courage, and honor. Thank you for taking the time to read my letter.

Sincerely,
[unsigned]
 A_ F_ (Applicant) ”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Character reference from A_ H. M_, dated December 23, 2004 (2 pages)
Character reference from Applicant’s mother, undated

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     001228 - 010619  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 010620                        Date of Discharge: 020809

 Length of Service (years, months, days):

         Active: 01 01 20
         Inactive: None

 Age at Entry: 17 (Parental Consent)     Years Contracted: 4

 Education Level: 11                                 AFQT: Unreadable

 Highest Rate: SA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.00 (2)                      Behavior: 1.50 (2)                OTA: 2. 59

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: None

 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 :

020408:  NJP for violation of UCMJ, Article 91: Insubordinate conduct toward a chief petty officer, violation of UCMJ Article 92: Failure to obey other lawful written order.
         Award: Forfeiture of $552 per month for 2 months, restriction and extra duty for 30 days, reduction to E-1. No indication of appeal in the record.
020409:  Retention Warning: Advised of deficiency (Insubordinate conduct toward a chief petty officer, failure to obey other lawful order), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
        
020507:  NJP for violation of UCMJ, Article 86 (4 specs): Unauthorized absence.
         Award: Forfeiture of $100 per month for 1 month, restriction and extra duty for 4 days. No indication of appeal in the record.
020722:  NJP for violation of UCMJ, Article 86: Abandoning watch, violation of UCMJ, Article 92: Failure to obey other lawful order, violation of UCMJ, Article 128: Assault upon person of law enforcement duties, violation of UCMJ, Article 134 (2 specs): (1) Drunk and disorderly conduct, (2) Communicated a threat.
         Award: Forfeiture of $553 per month for 2 months, restriction and extra duty for 45 days. No indication of appeal in the record.
020722:  Applicant notified of intended recommendation for discharge by reason of misconduct due to a pattern of misconduct and misconduct due to the commission of a serious offense. If separation is approved it will result in discharge, suspended discharge, release from active duty to a Reserve component, transfer from the Selected Reserve to the Individual Ready Reserve (IRR), or release from custody or control of the U.S. Navy.
020722:  Applicant advised of rights and having elected not to consult consulted with counsel certified under UCMJ, Article 27(b), elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.
020722:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and misconduct due to the commission of a serious offense.

020725:  Commander Submarine Force, U.S. Pacific Fleet directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

020806:  NJP for violation of UCMJ, Article 92: Failure to obey a lawful order, violation of UCMJ, Article 134: Underage drinking.
         Award: Forfeiture of $100 per month for 1 month, restriction and extra duty for 45 days. No indication of appeal in the record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20020809 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. 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 three nonjudicial punishment (NJP) proceedings for violation of UCMJ Article 86 (Unauthorized absence), Article 91 (Insubordinate conduct towards a Chief Petty Officer), Article 92 (Failure to obey a lawful order), Article 128 (Drunk/Disorderly conduct), and Article 134 (Communicating a threat). Articles 91, 92, and 134 are considered serious offenses under the UCMJ. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects her disobedience of the orders and directives which regulate good order and discipline in the naval service, and falls short of that required for a general under honorable (conditions) characterization of service. Relief denied.
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. 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 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 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

C. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety .

 D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity .
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 “ http://Boards.law.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:

                  Secretary of the Navy Council of Review Boards
                   Attn: Naval Discharge Review Board
                   720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023

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