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NAVY | DRB | 1999_Navy | ND99-00195
Original file (ND99-00195.rtf) Auto-classification: Denied


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

ex-AA, USN
Docket No. ND99-00195

Applicant’s Request
The application for discharge review, received 981118, requested that the characterization of service on the discharge be changed to honorable. 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 991004. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, 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: GENERAL (UNDER HONORABLE CONDITIONS)/FRAUDULENT ENTRY INTO MILITARY SERVICE, authority: NAVMILPERSMAN, Article 3630100.

The NDRB did note an administrative error on the original DD Form 214. Block 25, Separation Authority should read: “3630100” vice “3630600”. The original DD Form 214 should be corrected or reissued as appropriate.







PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USA (2 years, 11 months 14 days) *
         Inactive: USA (1 month 6 days) *
         Inactive: USNR (DEP)     961016 - 961030  COG

 Period of Service Under Review :
Date of Enlistment: 961031               Date of Discharge: 971010

 Length of Service (years, months, days):

         Active: 00 11 10
         Inactive: None

 Age at Entry: 22                          Years Contracted: 4

Education Level: 12                        AFQT: 32

 Highest Rate: AA (E-2)

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.5 (2)     Behavior: 2.5 (2)                 OTA: 2.92

 Military Decorations: None

 Unit/Campaign/Service Awards: ASR, OSR, RMB, EXPERT BADGE (Hand Grenade), LOC

Days of Unauthorized Absence: XX

* Date not contained in Navy record - information extracted from DD Form 214.


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

GENERAL (UNDER HONORABLE CONDITIONS)/FRAUDULENT ENTRY INTO MILITARY SERVICE, authority: NAVMILPERSMAN, Article 3630100.



 Chronological Listing of Significant Service Events :

961016:  Security Clearance Application ( SF 86): Applicant again failed to disclose prior military (Army) service and criminal activities/police record.
961031:  Application for Enlistment (DD Form 1966): Applicant failed to disclose prior Army service and criminal activities/police record.
961212:  Retention Warning: Advised of deficiency (failure to disclose prior service in Army), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.   

970609:  BUPERS advised CO, Sea Control Squadron 38 that applicant fraudulently enlisted in the Navy in that he failed to claim full arrest record on the SF 86 and the DD 1966. The following arrests were unclaimed by applicant: 24 Mar 96 - Possession with intent to distribute; possession of controlled dangerous substance; 12 May 96 - Theft under $300; 4 Jun 96 - Breaking and entering. BUPERS directed that applicant be processed for fraudulent enlistment.

970919:  NJP for violation of UCMJ, Article 86: unauthorized absence.
         Award: Forfeiture of $450 per month for 1 month, restriction and extra duty for 45 days, reduction to E-1 (suspended for 6 months). No indication of appeal in the record.


970921:  Applicant notified of intended recommendation for discharge with a general (under honorable conditions) by reason of defective enlistment and induction due to fraudulent entry as evidenced by failure to disclose your arrest record on the Standard Form 86.
971006:  Applicant advised of his rights and having elected not to consult, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

971010:  Commanding officer advised BUPERS that applicant was discharged on 10 October 1997 with a general (under honorable conditions) by reason of defective enlistment and induction due to fraudulent entry. Commanding officer’s comments (verbatim): "AA (Applicant)'s failure to fully disclose his prior arrest record allowed him to fraudulently enlist in the U.S. Navy. AA (Applicant) admitted to the three arrests in enclosure (5) (CHNAVPERS ltr of 9 Jun 97): 24 Mar 96, possession with intent to distributed, possession of controlled dangerous substance; 12 May 96, theft under $300; 4 Jun 96, breaking and entering. AA (Applicant) also admitted to an arrest for attempted murder. These arrests are in addition to undisclosed prior U.S. Army service with a RE-4 discharge code for which he was given a page 13 and retained. He was discharged under General conditions on 10 October 1997. He was not transferred to the fleet reserve retired list or Individual Ready Reserve."

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 971010 with a general (under honorable conditions) 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).

The applicant introduced no issues for consideration.
 Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 14, effective 03 Oct 96 until 11 Dec 97, Article 3630100, SEPARATION OF ENLISTED PERSONNEL BY REASON OF DEFECTIVE ENLISTMENTS AND INDUCTIONS - FRAUDULENT ENTRY INTO THE 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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