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




ex-FN, USNR
Docket No. ND97-01394


Applicant’s Request

The application for discharge review, received 970919, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary discharge review and listed no representative on the DD-293.


Summary of Review

A documentary discharge review was conducted in Washington, D.C. on 980928. The NDRB determined that the discharge properly and equitably reflects the quality of service rendered. The discharge shall remain: UNDER HONORABLE CONDITIONS (GENERAL)/FULFILLMENT OF SERVICE OBLIGATION, authority: NAVMILPERSMAN, Article 3610100.

GEN-82n

THIS IS A GENERIC SHELL FOR NAVY CASES: 1 OCT 82 AND 10 SEP 86 .

SPD CODES ARE LISTED IN NAVMILPERSCOMINST 1900.1A EFFECTIVE 1 Oct 82 until 10 Sep 86
The instruction is dated 10 Feb 83. Effective date of 1 Oct 82 listed on page 2. Block 24, Character of Service (Enter in all capital letters. See enclosure 1, page 16)

HONORABLE
UNDER HONORABLE CONDITIONS (GENERAL)
ENTRY LEVEL SEPARATION
UNDER OTHER THAN HONORABLE CONDITIONS
BAD CONDUCT
DISHONORABLE
VOID


MILPERSMAN Changes effective 10 Feb 83 until 10 Sep 86
(The last 15 years)

NAV      CH       EFFECTIVE                          NAV      CH       EFFECTIVE

15560    10/82    830107 - 830427                    15560    7/84     840802 – 840916

15560    1/83     830428 - 830717                    15560    10/84    840917 - 841225

15560    4/83     830718 - 830925                    15560    1/85     841226 - 850317

15560    7/83     830926 - 831104                    15560    4/85     850318 - 850630

15560    10/83    831105 - 840202                    15560    7/85     850701 - 851215

15560    1/84     840203 - 840424                    15560    10/85    851216 - 860128

15560    4/84     840425 - 840801                    15560    1/86     860129 - 861005

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PART I - APPLICANT’S ISSUES (verbatim)

1. Some of my evaluations were lost or missing at time of discharge.

2. DD 214 states that I had no High School or GED, which I had completed GED during Indian Ocean Cruise aboard USS J. F. KENNEDY on or about 10/15/80.

3. I respectfully request to have my discharge upgraded to honorable.

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PART II - SUMMARY OF SERVICE

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

         Active:  None
         Inactive:        None

Period of Service Under Review :

Date of Enlistment: 781030                        Date of Discharge: 841116

Length of Service (years, months, days):

         Active: 04 00 15
         Inactive: 02 00 02

Age at Entry: 18                                   Years Contracted: 6

Education Level: 10                                 AFQT: 52

NEC: FN – 0000                             Highest Rate: FN

Final Enlisted Performance Evaluation Averages (number of marks):

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

Military Decorations: None

Unit/Campaign/Service Awards: MUC and SSDR (2)

Nonjudicial Punishment(s): 2              Court(s)-Martial: None

Days of Unauthorized Absence: 16

Character, Narrative Reason, and Authority of Discharge:

UNDER HONORABLE CONDITIONS (GENERAL)/FULFILLMENT OF SERVICE OBLIGATION, authority: NAVMILPERSMAN, Article 3610100.

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PART III - CHRONOLOGICAL LISTING OF SIGNIFICANT SERVICE EVENTS¹

790210:  Joined USS JOHN F. KENNEDY (CV 67), Norfolk, VA.

800311:  NJP for violation of UCMJ, Article 92: Violation Navy Regulations, Article 1151, dtd Feb 73, to wit: Possession of marijuana on 800125.
Award: Forfeiture of $224 per month for two months, restriction for
45 days, and reduction to E-1. There was no indication of an appeal in the record.

810829:  Missed ship’s movement. [Disposition NFIR.]

811107:  NJP for violation of UCMJ, Article 86: UA from 0800, 810829 until 0620, 810915 (16 days/Surrendered onboard USS JOHN F. KENNEDY).
         Award: Forfeiture of $250 for one month, and restriction and extra duty for 45 days. There was no indication of an appeal in the record.

821115:  Acknowledged ineligibility for reenlistment.

821115:  Released from active duty and transferred to the Naval Reserve UNDER HONORABLE CONDITIONS(GENERAL)/WITHIN 3 MONTHS OF EXPIRATION OF USN CONTRACT AND CONCURRENT TRANSFER TO NAVAL RESERVE, authority: MILPERSMAN 3840240.2B.

841116:  Discharged from the Naval Reserve with an UNDER HONORABLE CONDITIONS (GENERAL)/FULFILLMENT OF SERVICE OBLIGATION, authority: NAVMILPERSMAN, Article 3610100.

RECORDER’S NOTE:

¹ The source for all entries is the service record (includes medical/dental record) unless otherwise noted.

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PART IV - EXTRACT OF PERTINENT REGULATION/LAW


A. The Naval Military Personnel Manual, (NAVPERS 15560, Change 4/84, effective 25 Apr 1984 until 14 Dec 1986), Article 3610100, ENLISTED ADMINISTRATIVE SEPARATIONS, states:

1.       MILPERSMAN 3610100 through 3640497 provide overall policy guidance and procedures pertaining to enlisted administrative separations.

2.       The formal reasons for separation are:

a.       Selected Changes in Service Obligation (MILPERSMAN 3620100)

b. Separation of Enlisted Personnel by Reason of Expiration of Enlistment, Fulfillment
of Service Obligation, or Expiration of tour of Active Service (3620150).

c. Separation of Enlisted Personnel by reason of Convenience of the Government (3620200).

-Dependency or Hardship (3620210)

-Pregnancy/Childbirth (3620220)

-Parenthood (3620200)

-Conscientious Objectors (3620230)

-Surviving Family Member (3620240, 3620245)

-Other designated physical or mental conditions

-Obesity (3620250)

-Aliens (3620260)

d. Separation of Enlisted Personnel by reason of Disability

-Active Duty (3620270)

-Inactive Duty (3620275)

e. Separation of Enlisted Personnel by reason of Defective Enlistments and Inductions

-Minority (3620285)

-Fraudulent Enlistment (3630100)

f. Separation of Enlisted Personnel by reason of Entry Level Performance and Conduct (3630200)

g. Separation of Enlisted Personnel by reason of Unsatisfactory Performance (3630300)

h. Separation of Enlisted Personnel by reason of Homosexuality (3630400)

i. Separation of Enlisted Personnel by reason of Drug Abuse Rehabilitation Failure (3630500)

j. Separation of Enlisted Personnel by reason of Alcohol Abuse Rehabilitation Failure (3630550)

k. Separation of Enlisted Personnel by reason of Misconduct (3630600)

- minor disciplinary infractions
- a pattern of misconduct
- commission of a serious offense
- civilian conviction

l. Separation of Enlisted Personnel by reason of Misconduct- Drug Abuse (3630620)

m. Separation of Enlisted Personnel in lieu of trial by court martial (3630650)

n. Separation of Enlisted Personnel by reason of Security (3630700)

o. Separation of Enlisted Personnel by reason of Unsatisfactory Participation in the Ready Reserve (3630800)

p. Separation in the Best Interest of the Service (3630900)

3. General Policy:

a. It is the policy of the Navy to promote readiness by maintaining high standards of conduct and performance. In order to maintain high standards of conduct and performance it is necessary to provide, in a variety of circumstances, for the orderly and expeditious administrative separation of naval personnel to:

(1) Insure that the Navy is served by individuals capable of meeting required standards of duty, performance, and discipline;

(2) Maintain standards of performance and conduct through appropriate separation and characterization of service that emphasizes the traditional concept of honorable military service; and

(3) Achieve authorized force levels and grade distributions.

b. The Navy separation policy strengthens the concept that military service is a calling different from any civilian occupation.

(1) Enlisting in the Navy involves a commitment to the United States, to one’s service, and to one’s fellow citizens and service members that one will complete successfully a period of obligated service. Early separation for failure to meet required standards of performance or discipline violates that commitment.

(2) When persons enter the naval service, the Navy invests substantial resources in their training, equipment and related expenses. Separation prior to completion of a period of obligated service represents a loss of that investment while requiring increased accessions. Conversely, retaining individuals in the naval service who will not or cannot conform to naval standards of conduct, discipline, and performance creates a high cost in terms of pay, administrative efforts, degradation of morale, and substandard mission performance. Both situations represent an inefficient use of limited defense resources. Therefore, every reasonable effort must be made to:

-identify, in a timely manner, members who exhibit a likelihood for early separation; and either

-improve those member’s chances of retention through counseling, retraining and rehabilitation; or

-separate promptly those members who do not demonstrate potential for further useful naval service, and

-recoup pro rata, as provided by applicable regulations, monies expended for either paid bonuses and/or education/training funds paid to a member in return for extending a service obligation when that service is administratively terminated prior to successful completion (see 3640455).

c. The standards and procedures established in this Manual for execution of these policies are intended to achieve consistency of application in a naval leadership system based on command responsibility, accountability and discretion.

d. Each time Article 137 UCMJ is complied with, an explanation, with a written fact sheet, shall be given to each enlisted member of the types of characterization of service upon separation, the bases for the characterization, their possible effects upon reenlistment, civilian employment, veterans’ benefits, and related matters, and the effects concerning the denial of certain benefits to members who fail to complete at least two years of an original enlistment. The requirement to give this explanation is a command responsibility and not a procedural entitlement. Failure on the part of a member to receive or to understand such explanations does not create a bar to separation or characterization of service.

4. When commands process personnel for administrative separations, strict compliance with the policies and procedures set out in these articles is mandatory to ensure speedy processing, safeguarding of the member’s rights and avoidance of future litigation. One of the primary reasons for delays in directing final action on administrative separations (discharges) is the failure of commands to process a case properly. Unfamiliarity with processing policies and procedures is a major factor in delayed and drawn-out cases.

5. All pending military offenses should be disposed of under the UCMJ prior to processing a member under the provisions of these articles except where a member has requested separation in lieu of trial by court-martial in accordance with MILPERSMAN 3630650.

6. All separation (discharge) recommendations must be signed by the commanding officer or acting commanding officer and not “By direction.”

7. During the separation processing of all members, except when the separation is due to an immediate re-enlistment, the purpose and authority of the Discharge Review Board and the Board for Correction of Naval Records, as contained in the Manual for Discharge Review, SECNAVINST 5420.174 series (NOTAL) shall be explained in a written fact sheet. It shall include explanation that a discharge under Other Than Honorable Conditions resulting from a period of continuous unauthorized absence of 180 days or more is a conditional bar to benefits administered by the Veterans Administration notwithstanding any action by a Discharge Review Board. These requirements are a command responsibility and not a procedural entitlement. Failure on the part of a member to receive or to understand the explanation required by this paragraph does not create a bar to separation or characterization.

8. Completion of Total Military Obligation. Members separated from active duty or from the Selected Reserve who have any potential for future mobilization will normally be transferred to the IRR to complete the remainder of their total military obligation, subject to the following limitations:

a. Members whose service is characterized as Other than Honorable will not be transferred to the IRR.

b. Members separated on the basis of Drug Trafficking, Homosexuality or Defective Enlistment or Induction will not be transferred to the IRR.

c. When there are medical reasons why the member would not be available to meet mobilization requirements, the member will not be transferred to the IRR.

9. Processing Time Goals. To support the policy objectives and further the efficient administration of enlisted separations, every effort shall be made to adhere to the following time goals for processing separations:

a. By the date of expiration of enlistment or fulfillment of service obligation, for separations upon expiration of such enlistment or fulfillment of service obligation.

b. A total of fifteen working days from the date a command notifies a member of the commencement of a separation proceeding to the date of separation when the Notification procedure is utilized and the commanding officer has authority to effect the separation. Commands shall forward the processed case by letter of transmittal to Commander, naval Military personnel command, indicating the date of separation.

c. A total of thirty working days from the date a command notifies a member of the commencement of a separation proceeding to the date of separation, when the Notification Procedure or Administrative Board Procedure (no Board convened) is utilized and the case is forwarded to Commander, Naval Military Personnel Command, for final action. Commands should forward the transmittal letter or message request within ten working days from the date the member is notified.

d. A total of fifty working days from the date a command notifies a member of the commencement of a separation proceeding to the date of separation when an administrative Board is convened. Commands should forward the processed case to Commander, Naval Military Personnel Command within thirty working days from the date a member is notified.

e. A total of fifty-five working days from the date a command notifies a member of the commencement of a separation proceeding to the date of separation when final action on the case is required by the Secretary of the Navy. Commands should forward the transmittal letter or message request within thirty working days from the date the member is notified. If Administrative Board is convened. Cases where an Administrative Board has recommended retention, or the offense(s) being considered is evidenced by a Special or General Court Martial conviction which did not award a punitive discharge, or a punitive discharge was suspended, fall into this category.

f. Failure to process an administrative separation within the specified time goal shall not create a bar to separation or characterization.

B. The Naval Military Personnel Manual, (NAVPERS 1556O), effective 23 Jun 1981 until 06 Jan 83, Article 3840240, EARLY SEPARATION OF ENLISTED MEMBERS WITHIN THREE MONTHS OF EXPIRATION OF ACTIVE OBLIGATION SERVICE, states:

1. In the interest of effective utilization of short-time personnel, commanding officers shall give full consideration to current personnel shortages in the Navy when effecting early separation within three months of expiration of obligated active service and, prior to deployment, consider all available means of return transportation to the appropriate place of separation In order to retain members In a useful capacity as long as possible.
2. Under certain circumstances, enlisted or inducted members may be separated three months or less prior to the normal date of expiration of active obligated service provided that such early separation is in the best interest of the Government. The authority for early separation or early transfer for separation contained herein is not applicable to members in receipt of authorization for transfer to the Fleet Reserve. Consistent with operating schedules and available transportation, such members should not be transferred to a separation activity earlier than the normal processing time authorized. Manning control authorities shall assign such members consistent with maximum utilization of all personnel. As used in this article, the term "separation” is defined as:
a. Discharge at expiration of contractual enlistment of those who have no additional service obligation.
b. Transfer to the Naval Reserve and lease to inactive duty of those with additional service obligations.
c. Discharge at expiration of service obligation other than expiration of enlistment contract.

d. Release to inactive duty of members of the Naval Reserve who have time remaining in service obligation or enlistment contract.
e. Release to inactive duty of members of who returned to active duty from Fleet Reserve status.

f. Discharge of those members completing a contractual enlistment or extension of enlistment who desire to immediately enlist or reenlist in the Regular navy. In all cases of early separation, under the provisions of this article, the member receives credit for the full term of the enlistment for the purpose of computing reenlistment bonus and is entitled to lump-sum leave settlement, limited to payment for a maximum of 60 days per career after 9 February 1976.
3. The reason for separation under the provisions of this article shall be shown as either "Expiration of Enlistment" or "Fulfillment of Service Obligation," whichever is appropriate; except that in the case of members of the Naval Reserve or Fleet Reserve being released to inactive duty, reason for separation shall be shown as “expiration of term of active obligated service.” Service records of members so separated will reference this article or the applicable directive. Members being separated in accordance with the provisions of this article who would have three months or less remaining on their Military Selective Service (MSS) obligation at time of separation from active duty will be discharged for reason of "Fulfillment of service obligation" in lieu of being released to inactive duty.
4. Commanding officers are authorized to separate or transfer personnel for separation as described above without reference to NMPC under the circumstances listed below (other cases in which such early separation appears warranted shall be referred to the Commander, Naval Military Personnel Command):
a. When a ship or mobile unit is about to deploy with the probability of not returning to the United States before the expiration of the member’s active obligated service, the unit commanding officer, with type commander approval, may effect member's release within five days of the deployment date when there would be insufficient time to return member to the continental United States from the first overseas port-of-call to complete separation processing by member's expiration of active obligated service.

b. When the home port of a ship or command changes, the unit commanding officer, with type commander approval, may effect member's release within five days of the ship’s/command departure for the new home port when there would be insufficient time to return member to the old home port for separation processing, or to complete separation processing at the new home port by member's expiration of active obligated service.

c. When a member is awaiting reassignment at a receiving command.

d. When a member is awaiting separation at a separation activity for reason of expiration of active obligated service and the member has not indicated a desire to reenlist or where such a member desires to re-enlist onboard. Reassignment of re-enlistees will be made in accordance with the Enlisted Transfer Manual.

e. When a member in the Fleet Reserve or Naval Reserve has been received at a separation activity for separation processing upon expiration of current active obligated service. Early separation of personnel in receipt of authorization for transfer to the Fleet Reserve is specifically prohibited.

f. When a member is in temporary duty under treatment status or has been found physically qualified to resume full duty, regardless of duty status, with three months or less active obligated service remaining and who does not desire reenlistment, the commanding officer of the medical facility or the member's commanding officer is granted authority to effect immediate separation or transfer member to the nearest separation activity for separation without further reference to the Commander, Naval Military Personnel Command.

g. Early separation of a member of the Regular Navy for the purpose of reenlistment with continuous service may be effected three months or less prior to expiration of enlistment for the term specified in the article in this Manual governing reenlistment with continuous service. In such cases, the authority shall be both this article and the article governing reenlistment with continuous service. Early separation of a member of the Regular Navy for the purpose of reenlistment with continuous service may be effected more than three but less than twelve months prior to normal expiration of enlistment as extended. In such cases, the authority shall be both the article governing reenlistment with continuous service and the article governing Convenience of the Government discharge.
h. Early separation of a member of the Naval Reserve on active duty may be effected three months or less prior to expiration of active obligated service for the purpose of immediate reenlistment on board.

i. Early separation of an enlisted member of the Regular Navy or of the Naval Reserve on active duty may be effected under the following circumstances:

(1) When enlistment or obligated service expires on a Saturday, Sunday, or holiday, or a day preceding a holiday, separation may be effected up to three days prior to expiration of active obligated service date.

(2) Upon completion of a cruise, when the member concerned extended his or her active obligated service for the express purpose of participating in or completing that cruise. If the remaining period of extension of enlistment is in excess of three months, authority to effect early separation In this case shall be requested from the Commander, Naval Military Personnel Command.

(3) When a ship or unit returns from extended deployment, separation may be effected up to 30 days prior to expiration of active obligated service date.

(4) To permit a member to return home during the Christmas and New Year holiday period. Except as indicated below, a member whose expiration of active obligated service will occur between the third Monday of December of the current year and the first day of January of the following year, may be separated or transferred for separation not earlier than the second Monday of December of the current year. Early separation under this subparagraph is not authorized for a member:

(a) Who, in the judgment of the commanding officer, cannot be spared.

(b) Who does not desire early separation.

(c) Who is a reservist undergoing active duty for training.

(d) Whose expiration of active obligated service will occur during the period specified above as a result of any other early lease program.

(e) Who is scheduled for transfer to the Fleet Reserve or retirement.

C. The Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, STANDARDS FOR DISCHARGE REVIEW, states, in part:

“9.2 Propriety of the Discharge

a. A discharge shall be deemed to be proper unless, in the course of discharge review, it is determined that:

(1) There exists an error of fact, law, procedure, or discretion associated with the discharge at the time of issuance; and that the rights of the applicant were prejudiced thereby (such error shall constitute prejudicial error if there is substantial doubt that the discharge would have remained the same if the error had not been made); or

(2) A change in policy by the military service of which the applicant was a member, made expressly retroactive to the type of discharge under consideration, requires a change in the discharge.

b. When a record associated with the discharge at the time of issuance involves a matter in which the primary responsibility for corrective action rests with another organization (for example, another Board, agency, or court), the NDRB will recognize an error only to the extent that the error has been corrected by the organization with primary responsibility for correcting the record.

c. The primary function of the NDRB is to exercise its discretion on issues of equity by reviewing the individual merits of each application on a case-by-case basis. Prior decisions in which the NDRB exercised its discretion to change a discharge based on issues of equity (including the factors cited in such decisions or the weight given to factors in such decisions) do not bind the NDRB in its review of subsequent cases because no two cases present the same issues of equity.

d. The following applies to applicants who received less than fully honorable administrative discharges because of their civilian misconduct while in an inactive duty status in a reserve component and who were discharged or had their discharge reviewed on or after April 20, 1971: the NDRB shall either recharacterize the discharge to Honorable without any additional proceedings or additional proceedings shall be conducted in accordance with the Court’s Order of December 3, 1981, in Wood v. Secretary of Defense to determine whether proper grounds exist for the issuance of a less than honorable discharge, taking into account that:

(1) An other than honorable (formerly undesirable) discharge for an inactive duty reservist can only be based upon civilian misconduct found to have affected directly the performance of military duties;

(2) A general discharge for an inactive duty reservist can only be based upon civilian misconduct found to have had an adverse impact on the overall effectiveness of the military, including military morale and efficiency.

9.3 Equity of the Discharge

A discharge shall be deemed to be equitable unless:

a. In the course of a discharge review, it is determined that the policies and procedures under which the applicant was discharged differ in material respects from policies and procedures currently applicable on a service-wide basis to discharges of the type under consideration, provided that:

(1) Current policies or procedures represent a substantial enhancement of the rights afforded a respondent in such proceedings; and

(2) There is substantial doubt that the applicant would have received the same discharge, if relevant current policies and procedures had been available to the applicant at the time of the discharge proceedings under consideration.

b. At the time of issuance, the discharge was inconsistent with standards of discipline in the military service of which the applicant was a member.

c. In the course of a discharge review, it is determined that relief is warranted based upon consideration of the applicant's service record and other evidence presented to the NDRB viewed in conjunction with the factors listed in this paragraph and the regulations under which the applicant was discharged, even though the discharge was determined to have been otherwise equitable and proper at the time of issuance. Areas of consideration include, but are not limited to:

(1) Quality of service, as evidenced by factors such as:

(a) service history, including date of enlistment, period of enlistment, highest rank achieved, conduct and proficiency ratings (numerical and narrative);

(b) awards and decorations;

(c) letters of commendation or reprimand;

(d) combat service;

(e) wounds received in action;

(f) records of promotions and demotions;

(g) level of responsibility at which the applicant served;

(h) other acts of merit that may not have resulted in formal recognitions through an award or commendation;

(i) length of service during the service period which is the subject of the discharge review;

(j) prior military service and type of discharge received or outstanding post-service conduct to the extent that such matters provide a basis for a more thorough understanding of the performance of the applicant during the period of service which is the subject of the discharge review;

(k) convictions by court-martial;

(l) records of nonjudicial punishment;

(m) convictions by civil authorities while a member of the service, reflected in the discharge proceedings or otherwise noted in the service records;

(n) records of periods of unauthorized absence;

(o) records relating to a discharge in lieu of court-martial.

(2) Capability to serve, as evidenced by factors such as:

(a) Total capabilities. This includes an evaluation of matters such as age, educational level, and aptitude scores. Consideration may also be given as to whether the individual met normal military standards of acceptability for military service and similar indicators of an individual's ability to serve satisfactorily, as well as ability to adjust to military service.

(b) Family and personal problems. This includes matters in extenuation or mitigation of the reason for discharge that may have affected the applicant's ability to serve satisfactorily.

(c) Arbitrary or capricious actions. This includes actions by individuals in authority which constitute a clear abuse of such authority and that, although not amounting to prejudicial error, may have contributed to the decision to discharge the individual or unduly influence the characterization of service.

(d) Discrimination. This includes unauthorized acts as documented by records or other evidence."

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PART V - RATIONALE FOR DECISION

Discussion

         After a thorough review of the records, facts, and circumstances unique to this case, the Board determined that the characterization of the applicant’s service is equitable. The discharge shall remain : UNDER HONORABLE CONDITIONS (GENERAL)/ FULFILLMENT OF SERVICE OBLIGATION, authority: NAVMILPERSMAN, Article 3610100.

         The applicant was discharged on 841116 Under Honorable Conditions (General) at the fulfillment of his service obligation (A, Part IV). On 800311, the applicant had his first NJP for possession of marijuana on 800125. On 811107, he had his second NJP for 16 days of UA. On 821115, the applicant was released from active duty and transferred to the U.S. Naval Reserve (B, Part IV). The Board found the applicant’s discharge to be both proper and equitable (C, Part IV).

         In the applicant’s issues 1 through 3, he writes, “1. Some of my evaluations were lost or missing at time of discharge. [My] DD 214 states that I had no High School or GED, which I had completed GED during Indian Ocean Cruise aboard USS J. F. KENNEDY on or about 10/15/80. I respectfully request to have my discharge upgraded to honorable.” The Board found nothing in these issues to merit relief.

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PART VI - INFORMATION FOR THE APPLICANT


Decision

The 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: UNDER HONORABLE CONDITIONS (GENERAL)/FULFILLMENT OF SERVICE OBLIGATION, authority: NAVMILPERSMAN, Article 3610100.


If you believe that the decision in your case is unclear, not responsive to the issues which you raised, or does not otherwise comport with the decisional documents 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 obtain a copy of DoD Directive 1332.28 by writing to:

                  DA Military Review Boards Agency
                  Management Information and Support Directorate
                  Armed Forces Reading Room
                  Washington, D.C. 20310-1809.

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
                  Building 36 Washington Navy Yard
                  901 M Street, SE
                  Washington, D.C. 20374-5023.