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

FOR OFFICIAL USE ONLY

ex-SK3, USNR
Docket No. ND06-00202

Applicant’s Request

The application for discharge review was received on 20051107.  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 20060926.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, an inequity in the characterization of the Applicant’s service was discovered by the NDRB.  The Board’s vote was 3 to 2 that the discharge and the reason for discharge shall be changed to:  HONORABLE /SECRETARIAL AUTHORITY, authority: MILPERSMAN 1910-164, Separation Code “JFF.”

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PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

“The reason they give for fraudulent entry was that they could not find my medical waiver in my personnel file.  I found a copy of the medical waiver but not within the 30 days I had been given.  I did not take the waiver out of the personnel file, not in seven years had this been an issue only until I was rear-ended on base and was cleared by my doctor to return to duty did I encounter problems with the medical department at NMCRC Los Angeles.  Unfortunately, This prevented me from fulfilling my eight year enlistment.  

Thank you”

Documentation

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

Ltr from Officer in Charge, Naval Reserve Recruiting Command, Detachment ONE, dtd January 13, 1997
Enlistment/Reenlistment Document, dtd January 17, 1997  (2 pages)
NEOPS Member’s Anniversary Summary, period covering November 18, 1993 to November 18, 2002
Applicant’s DD Form 214 Army Reserve  (Member 4) (2 copies)
Applicant Administrative Remarks, dtd January 17, 1997
Applicant’s Report of Medical History  (4 pages)

PART II - SUMMARY OF SERVICE

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

	Inactive: USA (DEP)	19930617 - 19931117	COG
	Active:   USA	19931118 - 19931216	ELS

Period of Service Under Review:

Date of Enlistment:  19970117		Date of Discharge:  20040225

Length of Service (years, months, days):

	Active:    00  00  00* 
	Inactive:  06  01  06

Time Lost During This Period (days):

	Unauthorized absence:  None
	Confinement:		  None

Age at Entry:  27

Years Contracted:  8

Education Level:  12				AFQT:  NA

Highest Rate:  SK3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.5 (2) 		Behavior:  2.5 (2) 			OTA:  2.9

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (extracted from Applicant’s service record):  Navy and Marine Corps Achievement Medal, National Defense Medal, Naval Reserve Meritorious Service Medal

*Not Available

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

GENERAL (UNDER HONORABLE CONDITIONS)/FRAUDULENT ENTRY INTO MILITARY SERVICE, authority:  MILPERSMAN, Article 1910-134 (formerly 3630100).

Chronological Listing of Significant Service Events: 

970113:	Chief of Naval Personnel (CNP) letter of waiver authorizes OIC Naval Reserve Recruiting Command Detachment One, Alameda CA to enlist the Applicant in the Naval Reserve with the permanent rate of SN (E-3) and a temporary rate of SKSN (E-3). CNP directs that a page 13 be prepared, citing this letter as the authority for reenlistment code and pay grade waiver. Waiver expires six months from date of the letter. [Extracted from Applicant’s supporting documents].

970117:	Applicant enlisted in the Naval Reserve this date.

040123:	Applicant notified of intended recommendation for discharge with the least favorable characterization of service as general (under honorable conditions) by reason of Defective Enlistments and Inductions-Fraudulent entry in to Naval Service.

040221:	Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

040302:	Commanding Officer, Naval and Marine Corps Reserve Center, recommended to Commander, Navy Personnel Command, that the Applicant be discharged by reason of defective enlistments and inductions – Fraudulent entry into Naval Service.

040225:	NAVMARCORESCEN LOS ANGELES, SAN PEDRO, CA, directed the Applicant be discharged with a general (under honorable conditions) by reason of Unsatisfactory Participation in the Ready Reserve.  Auth:  MILPERSMAN 1910-134 SEPARATION BY REASON OF DEFECTIVE ENLISTMENTS AND INDUCTIONS-FRAUDULENT ENTRY INTO NAVAL SERVICE BUPERSINST 1001.39D.

040302:	Commanding Officer, Naval and Marine Corps Reserve Center, recommended to Commander, Navy Personnel Command, that the Applicant be discharged by reason of defective enlistment and not recommended for reaffiliation (RE-4).

Service Record was missing a copy of the DD Form 214.
Service Record was missing elements of the Summary of Service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20040225 by reason of defective enlistment and induction due to fraudulent entry (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 properly administered but inequitable (B and C).  The Board presumed regularity in the conduct of governmental affairs (D).

The Applicant states “The reason they give for fraudulent entry was that they could not find my medical waiver in my personal file.  I found a copy of the medical waiver but not within the 30 days I had been given”.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, it was discovered that the Chief of Naval Personnel had submitted a waiver to Officer In Charge Naval Reserve Recruiting Command Detachment One authorizing the Applicant’s enlistment in the Naval Reserve. This waiver had previously been missing from her service record.  NDRB discerned no impropriety in the discharge action but did discern an inequity in the characterization of the Applicant’s service.  The Board’s vote was 3-2 that the character of the discharge shall change, and 3-2, that the narrative reason for discharge shall change.  The discharge shall change to:  Honorable/Secretarial Authority.

Pertinent Regulation/Law (at time of discharge)

A.  The Naval Military Personnel Manual, (NAVPERS 15560C), re-issued October 2002, effective 22 Aug 02 until 2 May 2005, Article 1910-134 (previously 3630100), Separation by Reason of Defective Enlistments and Inductions - Fraudulent Entry Into the Naval Service.

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