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

ex-AR, USN
Docket No. ND01-00545

Applicant’s Request

The application for discharge review, received 010320, 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 010808.  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 hereby request re-enlist through a change in my RE code.  I served for a 2 year period, but due to immaturity and several personal problems I resigned.  This action has weighted heavily on my self esteem, thus I wish to redeem myself in the eyes of the Navy, my family and myself.  If you were to honor me and accept my petition, you would have a loyal, motivated and hard working recruit.  Than you for your time and attention.

Documentation

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

Copies of DD Form 214 (2)
Copy of Commanding Officer Separation Authority
Copy of Commanding Officer Recommendation for Separation (3pgs)

PART II - SUMMARY OF SERVICE

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

	Active:  USN 			None
	Inactive: USNR (DEP)	980428 - 980715	COG

Period of Service Under Review:

Date of Enlistment:  980716		Date of Discharge:  000630

Length of Service (years, months, days):

	Active:  01  11  15
	Inactive:  None

Age at Entry:  18			Years Contracted:  4 

Education Level:  12			AFQT:  32

Highest Rate:  AA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  1.00 (1)	Behavior:  1.00 (1)		OTA:  1.67  (5.0 EVALS)

Military Decorations:  None

Unit/Campaign/Service Awards:  Non 

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:

991216:	Retention Warning:  Advised of deficiency (CO's NJP on 991216 for unauthorized absence), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

991216:	NJP for violation of UCMJ, Article 86: Unauthorized absence.
	Award:  Oral reprimand, restriction to AAFB and extra duty for 45 days, reduction to E-1 (suspended for 6 months).  No indication of appeal in the record.

000121:	NJP for violation of UCMJ, Article 86: Unauthorized absence.
	Award:  Reduction to E-1.  No indication of appeal in the record.

000121:	Reduction to E-1 suspended for 6 months at CO's NJP on 991216 vacated.

000126:	Retention Warning:  Advised of deficiency (CO's NJP on 000126 for breaking restriction), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

000126:	NJP for violation of UCMJ, Article 134: Break restriction, by riding in a privately owned vehicle to another base to play a team sport.
Award:  Forfeiture of $465.00 per month for 1 month, restriction to AAFB and extra duty for 45 days.  No indication of appeal in the record.

000602:	NJP for violation of UCMJ, Article 86: Without authority, absent himself from his unit on or about 2345, 00522 and did remain so until 0030, 000523.
	Award:  Oral reprimand, restriction and extra duty for 30 days.  No indication of appeal in the record.

000606:	Applicant notified of intended recommendation for discharge general under honorable conditions by reason of misconduct due to a pattern of misconduct.

000606:  	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation 

000609:	Commanding officer recommended discharge general under honorable conditions by reason of misconduct due to a pattern of misconduct.  

000609:	Commanding Officer, Helicopter Combat Support Squadron FIVE authorized applicant's 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 000630 general under 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 NDRB has no authority to change reenlistment codes or make recommendations to permit reentry, reenlistment or reinstatement into the naval service or any other of the Armed Forces.  The reenlistment policy of the naval service is promulgated by the Commander, Navy Personnel Command, Pers-814, 5720 Integrity Drive, Millington, TN 38055.  A less than fully honorable discharge or an unfavorable "RE" code is not, 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.  Relief, is therefore, denied.

The NDRB is authorized to consider post-service factors in the re characterization of a discharge.  There is no law or regulation which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the service.  Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question.  Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, may be considered by the NDRB.  The applicant failed to provide documentary evidence to demonstrate his sobriety, positive community service, employment history, and clean police record.  Relief is not warranted.

The applicant 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 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 “afls10.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