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NAVY | DRB | 1999_Navy | ND99-00003
Original file (ND99-00003.rtf) Auto-classification: Denied


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

ex-SA, USN
Docket No. ND99-00003

Applicant’s Request
The application for discharge review, received 980928, requested that the characterization of service on the discharge be changed to entry level separation or uncharacterized. The applicant requested 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 990927. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the NDRB determined the characterization of the applicant’s service should be changed. The Board voted 3 to 2 to change the discharge to read: Entry Level Separation - Fraudulent entry, authority: NAVMILPERSMAN, Article 3630100.




PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. I would like to change my discharge type to an uncharacterized entry level separation since separation processing began within the first 180 days of service as per DOD directive 1332.14, Encl 3, Part 1-F.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
BCNR's decision of 4 Sept 1998 concerning applicant

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     891130 - 900102  COG

 Period of Service Under Review :
Date of Enlistment: 900103               Date of Discharge: 900723

 Length of Service (years, months, days):

         Active: 00 06 20
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: GED              AFQT: 82

 Highest Rate: SA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: No marks    Behavior: No marks                OTA: No marks

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: None

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

UNDER HONORABLE CONDITIONS (GENERAL)/Fraudulent entry, authority: NAVMILPERSMAN, Article 3630100.

 Chronological Listing of Significant Service Events :

900103:  Application for Enlistment (DD Form 1966): Applicant failed to disclose any pre-service civil offenses.
900425:  Applicant provided a statement to Defense Investigative Service revealing pre-service civil arrest.

900619:  Applicant notified of intended recommendation for discharge under honorable conditions (general) by reason of defective enlistment and induction due to fraudulent entry as evidenced by failure to reveal at the time of enlistment a complete and accurate history of pre-service civil arrest.
900619:  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. Applicant did not object to the separation.

900628:  Commanding officer recommended discharge under honorable conditions (general) by reason of defective enlistment and induction due to fraudulent entry. Commanding officer’s comments (verbatim): "(1) On 25 Apr 90, SA (Applicant) revealed his pre-service civil arrest to the Defense Investigative Service. He disclosed the following: (a) When 15 years old, SA (Applicant) was arrested for theft, and fined $1000 for restitution and one year's probation. (b) In December 1986, he ran away from home, broke probation and was required to spend 1 week I county Juvenile Hall. (c) In January 1987, he was arrested for Armed Robbery, found guilty and sentenced to 1 year of rehabilitation. This occurred while SA (Applicant) was a juvenile and was not a felony conviction. (2) He failed to reveal pre-service civil offenses at enlistment, at boot camp, and upon application for a security clearance. SA (Applicant) has perpetrated a fraudulent enlistment and has been untruthful more than once, therefore he has no potential for further useful Naval service. I recommend that he be administratively separated from the Naval service with a discharge characterized as General.

900707:  CNMPC directed the applicant's discharge under honorable conditions (general) by reason of defective enlistment and induction due to fraudulent entry.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 900723 under honorable conditions (general) by reason of defective enlistment and induction due to fraudulent entry (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).

In the applicant’s issue 1, the Board found the applicant eligible for an entry level separation and agreed by a vote of 3 to 2 to change the discharge to read Entry Level Separation – Fraudulent Entry. Applicant had been in Navy less than 180 days when he was notified of possible separation.

 Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 7/86, effective
16 Dec 86 until 19 Dec 93, Article 3630100, SEPARATION OF ENLISTED PERSONNEL BY REASON OF DEFECTIVE ENLISTMENTS AND INDUCTIONS DUE TO FRAUDULENT ENTRY INTO NAVAL SERVICE.

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 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
                  Washington Navy Yard
                  720 Kennon Street SE Rm 309
                  Washington, D.C. 20374-5023     

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