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NAVY | DRB | 2005_Navy | ND0500807
Original file (ND0500807.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT
FOR OFFICIAL USE ONLY

ex-SR, USN
Docket No. ND05-00807

Applicant’s Request
The application for discharge review was received on 20050406. The Applicant requests the Discharge 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 designate a representative on the DD Form 293.

 Decision

A documentary discharge review was conducted in Washington, D.C. on 20051102. After a thorough review of the available records, supporting documents, facts, and circumstances unique to this case, no impropriety to 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 by reason of entry level performance and conduct.










PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

“The reason for my discharge request (including upgrading the RE code) is that I am wanting to enlist in the Army (with a Sergeant Major’s blessing). The justification for my request is that I was a student at Naval Nuclear Power Training Command, Naval Training Center, Orlando, FL when I got backed up on 2 weeks worth of homework. My Chief Petty Officer ordered me to make it all up in one weekend, which I was obviously unable to do. Thus, I received a Captain’s Mast for Disobeying Lawful Orders. I received 30 days restriction, demotion from E3 to E1, and 1/2 month’s pay docked for 2 months. Thus, I believe that my discharge (General and RE4) was excessive and unfair considering that I had already been punished. Additionally, Navy recruiters have informed me that this type of discharge for the same reason was typical of NNPT NTC ORLANDO FL at that point in time.”
Documentation
In addition to the service and medical records, 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)     19960924 - 19961014      COG
          Active: None

 Period of Service Under Review :
Date of Enlistment: 19961015             Date of Discharge: 19970411

 Length of Service (years, months, days):

         Active: 00 05 27
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: None
         Confinement:              None

 Age at Entry: 18

 Years Contracted: 4 (24 month extension)

 Education Level: 12                                 AFQT: 85

 Highest Rate: SN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NA*                                    Behavior: NA*             OTA: NA*

 Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): None
* Not Available


Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNCHARACTERIZED/ ENTRY LEVEL PERFORMANCE AND CONDUCT; authority: MILPERSMAN, Article 3630200.

Chronological Listing of Significant Service Events :

960924:  Pre-service academic waiver granted.

970220:  NJP for violation of UCMJ, Article 86.
         Specification: O/A 13 Feb 97, without authority absent himself, failed to go to his appointed place of duty.
 Violation of UCMJ, Article 92:
Specification: O/A 4 - 11 Feb 97, willfully disobeyed lawful orders to see his instructors on three separate occasions, failed to complete his homework on diverse occasions.
          Award: Forfeiture of $50 per month for 2 months, restriction for 30 days, oral admonition, reduction to E-2. No indication of appeal in the record.
970411:  DD Form 214: Applicant discharged with an uncharacterized character of service by reason of entry level performance and conduct, authority: MILPERSMAN, Article 3630200 .

Service Record did not contain the Administrative Discharge package.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 19970411 by reason of by reason of entry level performance and conduct (A) with a service characterization of uncharacterized. After a thorough review of the available records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (B and C). The Board presumed regularity in the conduct of governmental affairs (D).

The Applicant contends that he was discharged based on his nonjudicial punishment for failure to comply with an order which he “was obviously unable to do.” The Applicant further contends that his discharge was “excessive and unfair” because he had already been punished at NJP and that discharges for performance and conduct were “typical of NNPT NTC” at the time the Applicant was discharged. Reference (A) indicates a member may be separated by reason of entry level service and conduct when it is determined that the member is unqualified for further naval service by reason of unsatisfactory performance or conduct as evidenced by incapability, lack of reasonable effort, failure to adapt to the naval environment, or minor disciplinary infractions. The Board considered the Applicant’s statement and the available documentation in the Applicant’s record. The evidence of record and Applicant’s statement do not reveal any improprieties or inequities in the Applicant’s administrative separation. The Applicant’s nonjudicial punishment proceedings of 19970220 sufficiently demonstrate to the Board that the Applicant meet the criteria required for separation based on entry level performance or conduct. The NJP demonstrated to the Board that the Applicant was unqualified for further service due to incapability, lack of reasonable effort or failure to adapt to the naval environment. Relief denied.

By regulation, members notified of intended recommendation for discharge within the first 180 days of enlistment are eligible for an uncharacterized or entry-level separation characterization of service. Unless there were unusual circumstances regarding a servicemember’s performance or conduct that would merit an honorable characterization, an uncharacterized discharge is generally considered the most appropriate characterization of a member’s service. The Applicant's service record did not contain any unusual circumstances during his less than six months in the military to warrant a change of discharge to honorable. Relief is not warranted.

The following is provided for the edification of the Applicant regarding his implied request to change his “RE4” reenlistment code. Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, NDRB is not authorized to change a reenlistment code. Reenlistment policy of the naval service is promulgated by the Commander, Navy Recruiting Command, 5722 Integrity Drive, Bldg 784, Millington, TN 38054. 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.

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. The Naval Military Personnel Manual, (NAVPERS 15560C, Change 14, effective 03 Oct 96 until 11 Dec 97), Article 3630200, SEPARATION OF ENLISTED PERSONNEL BY REASON OF ENTRY LEVEL PERFORMANCE AND CONDUCT.

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

 C. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity .

 D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs .


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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