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NAVY | DRB | 1999_Navy | ND99-00311
Original file (ND99-00311.rtf) Auto-classification: Denied


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

BTC, USN
Docket No. ND99-00311

Applicant’s Request
The application for discharge review, received 981230, requested that the reason for the discharge be changed to hardship. The applicant requested a documentary record discharge review. The applicant listed the American Legion as his representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000110. 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: HONORABLE/USN-WITHIN THREE MONTHS OF EXPIRATION OF ENLISTMENT, authority: NAVMILPERSMAN, Article 3620150.1A.





PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. I REQUEST THE BOARD CONSIDER CHANGING MY HONORABLE DISCHARGE OF 26 FEB 86 TO A HARDSHIP DISCHARGE FOR THE FOLLOWING REASONS. IN MARCH 1984, I TRANSFERRED FROM THE USS MCKEE HOMEPORTED IN SAN DIEGO TO THE USS JOSEPHUS DANIELS HOMEPORTED IN NORFOLK. AT THAT TIME , MY WIFE WAS 8 MONTHS PREGNANT WITH OUR FIRST CHILD. AFTER REPORTING TO THE SHIP, I FOUND OUT THAT THE SCHEDULE REQUIRED ME TO BE UNDERWAY FOR MOST OF THE NEXT 8 MONTHS. SINCE WE HAD NO FAMILY OR FRIENDS IN THE AREA TO HELP MY WIFE, WE DECIDED SHE SHOULD STAY WITH HER PARENTS AT ROME N.Y. FOR AT LEAST THE DEPLOYMENT. THAT SEPARATION SPANNED TWO YEARS BECAUSE THE SHIP WAS UNDERWAY ABOUT 80% OF THE TIME. DURING THAT PERIOD, I WAS ONLY ABLE TO FLY TO NEW YORK 3 OR 4 TIMES FOR A FEW DAYS EACH VISIT TO SPEND TIME WITH MY FAMILY. BECAUSE OF THE STRAIN THE SITUATION CAUSED, I DECIDED TO GET OUT AT THE END OF MY ENLISTMENT. AFTER BEING DISCHARGED I DECIDED TO RETURN AS A RESULT OF THE SEPARATION IN FEB 86, I LOST ALL EDUCATION BENEFITS. AT THE TIME I WAS DISCHARGED THE NAVY DID NOT ADVISE ME OF THE CHANGE IN THE LAW. HAD THEY TOLD ME I WOULD NOT HAVE SEPARATED IN 1986. IN ORDER TO HAVE THE VETERANS ADMINISTRATION CONSIDER MY CASE, I REQUEST THAT MY 26 FEB 86 HONORABLE DISCHARGE BE CHANGED TO A HARDSHIP DISCHARGE. MY SITUATION ON THE SHIP WAS COMPOUNDED BY MY WIFE POST PARTUM DEPRESSION AFTER GIVING BIRTH. SHE WAS DIAGNOSED BY THE AIR FORCE DOCTORS AT ROME AIR FORCE BASE AND THAT DIAGNOSES IS IN HER MEDICAL RECORD.

 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: USN               731101 - 771031  HON
         Inactive: USNR (DEP)     730711 - 731031  COG

 Period of Service Under Review :
Date of Enlistment: 790302               Date of Discharge: 860226

 Length of Service (years, months, days):

         Active: 06 11 25
         Inactive: None

 Age at Entry: 23                          Years Contracted: 6 (1 & 11 month extensions)

 Education Level: 12                        AFQT: 73

 Highest Rate: BT1 (during this enlistment)

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.71 (9)    Behavior: 3.73 (9)                OTA: 8.86

 Military Decorations: None

 Unit/Campaign/Service Awards: GCM, NDSM, SSDR, NAM

Days of Unauthorized Absence: None

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

HONORABLE/USN-WITHIN THREE MONTHS OF EXPIRATION OF ENLISTMENT, authority: NAVMILPERSMAN, Article 3620150.1A.

 Chronological Listing of Significant Service Events :

790302:  Applicant enlisted at AFEES Albany, NY, for a term of six years, having previously served 4 years of active service.

860226:  Applicant signed a Page 13 (Administrative Remarks) acknowledging that he did not contribute to post-Vietnam era veterans educational assistance program. Applicant's DD Form 214 issued on 26 February 1986 states he did not contribute to post-Vietnam era educational assistance program.

860226:  Applicant discharged with an Honorable by reason of USN - within three months of expiration of enlistment, authority MILPERSMAN 3620150.1A. Applicant's date of expiration of enlistment was 1 March 1986.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 860226 with an honorable by reason of USN - within three months of expiration of enlistment (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 he requested his Honorable Discharge issued on 26FEB96 be changed to a Hardship Discharge in hopes of obtaining GI Bill education benefits otherwise denied him. The Board found the applicant failed to apply for a hardship discharge in 1986 when he had an opportunity to do so. The NDRB, under its responsibility to examine the propriety and equity of an applicant's discharge, will change the reason for discharge if such a change is warranted. The Board found no improprieties or inequities in the Honorable Discharge that was issued to the applicant.

Accordingly, the Board denies the request.

 The applicant is reminded he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of his discharge.
Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560), Change 07/84, effective
02 Aug 84 until 13 Jun 90, Article 3620150, SEPARATION OF ENLISTED PERSONNEL BY REASON OF EXPIRATION OF ENLISTMENT, FULFILLMENT OF SERVICE OBLIGATION, OR EXPIRATION OF TOUR OF ACTIVE.

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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