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

 
 ex-AR, USNR
Docket No. ND03-00582

Applicant’s Request

The application for discharge review was received on 20030221.  The Applicant requests the reason for the discharge be changed to “general but not honorable my offenses were not honorable.”  The Applicant requests a personal appearance hearing discharge review before the Board in the Washington National Capital Region.  The Applicant did not list any representative on the DD Form 293.  In the acknowledgement letter to the Applicant, he was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040128.  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 and narrative reason of the discharge shall not change.  The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

“1.  I do not have any issues with my discharge because it does favorer the offenses.  My issues is that I miss the military and the type of discharge and reenlistment code I received prevents me from reentering the military, so I’m asking for a change of discharge and an upgrade of my reenlistment code, so that I may reenter the military.”

Documentation

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

Letter from Applicant dated January 2, 2003

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	None
	Active:   USN 			None

Period of Service Under Review:

Date of Enlistment:  910820		Date of Discharge:  931014

Length of Service (years, months, days):

	Active:    01  07  27
	Inactive:  00  05  13

Age at Entry:  20			Years Contracted:  8

Education Level:  12			AFQT:  42

Highest Rate:  AA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.10 (2)	Behavior:  2.70 (2)		OTA:  3.20

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, SSDR

Days of Unauthorized Absence:  14

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

UNDER OTHER THAN HONORABLE CONDITIONS/PATTERN OF MISCONDUCT, authority:  NAVMILPERSMAN, Article 3630600.

Chronological Listing of Significant Service Events:

920203:	Ordered to active duty for 24 months under the Fireman Apprenticeship program.

920627:	UA from 1530, 920627, surrendered onboard at 0700, 920628 (15 hours/30 minutes).
 
920719:	Retention Warning from [USS AMERICA (CV-66)]:  Advised of deficiency (Misconduct by evidence of your non-judicial punishment of 920819 for violation of the UCMJ, Article 86, Unauthorized absence from 0630 to 0645, 920710; and 0700 to 0745, 920726; violation of UCMJ, Article 134: Wrongfully and falsely alter a military identification card on 920807), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

920819:	NJP for violation of UCMJ, Article 86: Unauthorized absence from 0630 to 0645, 920710; and 0700 to 0745, 920726; violation of UCMJ, Article 134: Wrongfully and falsely alter a military identification card on 920807.
	Award: Correctional Custody for 30 days.  No indication of appeal in the record.

921105:	NJP for violation of UCMJ, Article 86: Failed to go at time prescribed to his appointed place of duty at 0630, 921005.
Award: Forfeiture of $200.00 pay per month for 1 month, restriction and extra duty for 20 days.  No indication of appeal in the record.

930501:	NJP for violation of UCMJ, Article 86: Unauthorized absence from 0745, 930329 to 0630, 930412 (14 days/S).
Award: Forfeiture of $300.00 pay per month for 1 month, restriction and extra duty for 20 days, reduction to E-1 (suspended for 6 months).  No indication of appeal in the record.

930515:	Punishment of RIR to E-1 suspended at CO’s NJP of 930501 vacated this date due to continued misconduct.

930515:	NJP for violation of UCMJ, Article 86: UA from his appointed place of duty, to wit: Restricted Men’s Muster at 1430, 930505; 0630, 930508; and 2130, 930508.
	Award: Forfeiture of $150.00 pay per month for 1 month, 3 days confinement on bread and water.  No indication of appeal in the record.

930626:	NJP for violation of UCMJ, Article 92: Willful dereliction of duty on 930608.
	Award: Forfeiture of $407.00 pay per month for 1 month, restriction and extra duty for 30 days.  No indication of appeal in the record.   

930716:	USS AMERICA (CV-66) notified Applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense and misconduct due to a pattern of misconduct as evidenced by all non-judicial punishments under the UCMJ in your current enlistment.

930716:	Applicant advised of 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.

930722:	Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense and misconduct due to a pattern of misconduct. 

930728:	BUPERS directed the Applicant's discharge under other than 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 19931014 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).

Issue 1.  The Applicant’s discharge characterization and narrative reason for separation accurately reflects his service to his country.  Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question.  No such error or inequity is evident during the Applicant’s enlistment.  Additionally, there is no law, or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time, to permit reenlistment, or for good conduct in civilian life, subsequent to leaving the service.  Relief not warranted.

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.  Neither a less than fully honorable discharge nor an unfavorable “RE” code is, in itself, a bar to reenlistment.  A request for waiver is normally done only during the processing of a formal application for enlistment through a recruiter.  

The Applicant 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.  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 5, effective 05 Mar 93 until 21 Jul 94), Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – A 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