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

FOR OFFICIAL USE ONLY

 ex-FCSN, USN
Docket No. ND06-00889

Applicant’s Request

The application for discharge review was received on 20060620.  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 20070419.  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 General (Under Honorable Conditions) by reason of misconduct due to a pattern of misconduct.

PART I - ISSUES AND DOCUMENTATION

Decisional Issues

Equity:  Misconduct did not warrant discharge

Documentation

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

Applicant’s DD Form 214
Excerpts from Service Record (7 pgs)

PART II - SUMMARY OF SERVICE

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

	Inactive:  USNR (DEP)	19991129 - 19991212	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  19991213		Date of Discharge:  20041216

Length of Service (years, months, days):

	Active:    05  00  04  
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  None
	Confinement:		  None

Age at Entry:  21

Years Contracted:  4 (24-month extension)

Education Level:  12				AFQT:  85

Highest Rate:  FC2

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.4 (8)		Behavior:  2.3 (8) 		OTA:  3.13

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214):  National Defense Service Medal, Navy Achievement Medal, Sea Service Deployment Ribbon (2), Navy “E” Ribbon, Navy Unit Commendation (2), Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal.

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

GENERAL (UNDER HONORABLE CONDITIONS)/PATTERN OF MISCONDUCT, authority:  MILPERSMAN, Article 1910-140 (formerly 3630600).

Chronological Listing of Significant Service Events: 

021212:	Retention Warning:  Advised of deficiency (XOI on 021206, for violation of the UCMJ, Art. 86 - Unauthorized absence.  Although dismissed, your conduct was not in par with Naval Standards.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

040716:	NJP for violation of UCMJ, Article 86: Absence without leave.
Award:  Forfeiture of $1047. 00 pay per month for 1 month, restriction with extra duty for 45 days, reduction to E-4.  No indication of appeal in the record.

040717:	Retention Warning:  Advised of deficiency (Nonjudicial punishment on 040716 for violation of the UCMJ, Article 86 - Absence without leave.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

041118:	NJP for violation of UCMJ, Article 107: False official statement.
	Award:  Forfeiture of $842.00 pay per month for 2 months, restriction with extra duty for 30 days, reduction to E-3.  No indication of appeal in the record.

041216:	DD Form 214: Applicant discharged by reason of pattern of misconduct with a characterization of service as general (under honorable conditions); authority MILPERSMAN 1910-140. 

Service Record did not contain the Administrative Discharge package.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20041216 by reason of misconduct due to a pattern of misconduct (A) with a service characterization of general (under honorable conditions).  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 (B and C).  The Board presumed regularity in the conduct of governmental affairs (D).

In the Applicant’s issue, the Board found no evidence of impropriety or inequity in the discharge.  A general discharge is warranted when the quality of a member’s service is honest and faithful, but significant negative aspects of a member’s conduct or performance of duty outweigh the positive aspects of the member’s military record.  An other than honorable discharge is warranted when a member engages in conduct involving one or more acts or omissions that constitute a significant departure from the conduct expected of members of the Naval Service.  The Applicant’s service was marred by 2 retention warnings and 3 nonjudicial punishment proceedings for violations of Articles 86 and 107 of the UCMJ.  Habitual tardiness, declining performance, and false official statements, as evidenced by the Applicant’s service record, are behaviors that constitute a significant departure from the conduct expected of Sailors, especially Second Class Petty Officers.  The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Navy and falls short of that required for an upgrade of his characterization of service.  Relief is not warranted.

Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, the NDRB is not authorized to change a reenlistment code.  Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.  Reenlistment policy of the Naval service is promulgated by the Commander, Navy Recruiting Command, 5722 Integrity Drive, Bldg 784, Millington, TN 38054.  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.  The Applicant can provide documentation to support any claims of post-service accomplishments or any additional evidence related to this 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), re-issued October 2002, effective 22 Aug 2002 until 25 April 2005, Article 1910-140 (formerly 3630600), SEPARATION BY REASON OF MISCONDUCT - PATTERN OF MISCONDUCT.

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 Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction.  You should read Enclosure (5) of the Instruction 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 Instruction 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