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

 ex-ADAA, USNR(TAR)
Docket No. ND00-00882

Applicant’s Request

The application for discharge review, received 000706, requested that the characterization of service on the discharge be changed to honorable.  The applicant requested 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 010125.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service.  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

1.  I would like my reenlistment code changed from an RE-4 to an RE-2 so I could reenlist in the United States Navy.  All my paperwork shows that I know my job on P-3 orions, and would be a great help to the P-3 community.  I have learned what I did wrong, and took care of my debts, I feel I should get the chance to prove that I have changed. In an under manned military, I can prove that I'm a valuable asset in my field.

Documentation

In addition to the service record, the following additional documentation, submitted by the applicant, was considered:

Copy of Letter of Commendation for 7 to 8 March 1999
Copy of Letter of Commendation dated August 5, 1999
Three copies of Evaluation Report and Counseling Record
Copy of Certificate of Completion dated February 14, 1997
Copy of Certificate of Completion dated July 20, 1997
Copy of Navy "E" Ribbon
Copy of Joint Meritorious Unit Award for 1 January 1997 to 31 December 1997
Copy of Meritorious Mast for 31 July 1996 to 7 October 1998
Copy of selection as the Patrol Squadron 64 Condor of the Quarter for the first quarter of 1999 dated April 10, 1999
Copy of Letter of Appreciation dated September 20, 1998
Copy of Letter of Appreciation undated
Copy of Letter of Appreciation dated February 8, 1998
Copy of individual accomplishments dated November 3, 1999 (18 pages)
Copy of job qualifications requirements qualifier authorization dated September 23, 1999
Copy of special skill qualification requirements dated November 30, 1997
Copy of qualification requirements dated September 17, 1997
Copy of qualification requirements dated September 5, 1997
Copy of qualification requirements dated March 3, 1998
Copy of reserve job qualification requirement dated March 2, 1999
Copy of reserve job qualification requirement dated September 17, 1997

PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

	Active:   None
	Inactive: USNR (DEP)	951212 - 960804	COG

Period of Service Under Review:

Date of Enlistment:  960805		Date of Discharge:  000105

Length of Service (years, months, days):

	Active:    03  05  01
	Inactive:  None

Age at Entry:  19			Years Contracted:  4

Education Level:  12			AFQT:  45

Highest Rate:  ADAN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.33 (3)	Behavior:  2.33 (3)		OTA:  3.00

Military Decorations:  None

Unit/Campaign/Service Awards:  NER, JMU

Days of Unauthorized Absence:  None

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:

971102:	NJP for violation of UCMJ, Article 134: Failure to pay debt, to wit: being indebted to Jacksonville FL Navy Federal Credit Union, in the sum of $2,028.30 for a car loan, which became due and payable January through September 1997.
	Award: Forfeiture of $505.05 per month for 2 months, reduction to ADAR.  Forfeiture suspended for 6 months, directed to see CFC for counseling, directed to provide money order in the sum of $150.00 to CMC NLT three working days after each payday to the order of Jacksonville FL Navy Federal Credit Union .  No indication of appeal in the record.

981003:	NJP for violation of UCMJ, Article 92: Failure to obey order or regulation, violation of UCMJ, Article 121: Larceny and wrongful appropriation.
	Award: Restriction to the limits of NADJRB Willow Grove until reporting to Naval Base Norfolk, correctional custody for 30 days.  No indication of appeal in the record.

981005:	Retention Warning:  Advised of deficiency (Failure to obey order or regulation to wit: LACAIRINST 11103.3A by wrongfully possessing live ammunition, a knife and fireworks in your barracks room; and larceny and wrongful appropriation to wit: wrongfully possessing government property.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

991107:	NJP for violation of UCMJ, Article 134: Debt, dishonorably failing to pay.
	Award: Reduction to ADAA.  No indication of appeal in the record.

991107:	Applicant notified of intended recommendation for discharge general (under honorable conditions) by reason of misconduct due to a pattern of misconduct.

991107:  	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all right.

991120:	Commanding officer recommended discharge general (under honorable conditions) by reason of misconduct due to a pattern of misconduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 000105 under other than honorable conditions for misconduct due to a pattern of misconduct (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).

The applicant is advised that the NDRB can not change reenlistment codes.  The applicant is encouraged to contact his local recruiter for reenlistment opportunities.

The Board noted the applicant’s professional credentials he provided as enclosures.  These in and of themselves, however, do not warrant relief for his documented misconduct.  Relief is not warranted.

The applicant is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge.  Representation at personal appearance hearing is highly recommended.

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective
12 Dec 1997 until Present, 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 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