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NAVY | DRB | 1999_Navy | ND99-00573
Original file (ND99-00573.rtf) Auto-classification: Denied


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

ex-EN3, USN
Docket No. ND99-00573

Applicant’s Request
The application for discharge review, received 990318, 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 000306. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned an inequity, but no impropriety in the characterization of the applicant’s service. The Board’s vote was unanimous that the character of the discharge shall change to: HONORABLE/DISABILITY, SEVERANCE PAY, authority: NAVMILPERSMAN, Article 3620270.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. The discharge I received was based on my last evaluation that I was given prior to my discharge. Presently, I'm unable to receive my GI Bill benefits because I don't have and honorable discharge for any period that I served in the Navy. I feel that if I had not extended 8 months after enlisting for a "C" school I would have received a honorable discharge because I received a good conduct medal. Then after that extension was about to end I extended again for another two years which would have ended in Feb 98 had I not been discharged for medical reasons. At the time I was discharged I had orders to a ship until my doctor changed his mind and decided I was no longer fit for duty.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
13 pages of Medical Board documentation (including separation physical exam)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     900316 - 900321  COG

 Period of Service Under Review :
Date of Enlistment: 900322               Date of Discharge: 970822

 Length of Service (years, months, days):

         Active: 07 05 01
         Inactive: None

 Age at Entry: 18        Years Contracted: 4 (24 and 23 months
extension)
Education Level: 12                        AFQT: 79

 Highest Rate: EN3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.75 (8)    Behavior: 3.77 (8)                OTA: 3.8
[No performance marks in record since June 1995.]

 Military Decorations: None

 Unit/Campaign/Service Awards: GCM, NDSM

Days of Unauthorized Absence: None

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

GENERAL (UNDER HONORABLE CONDITIONS)/DISABILITY, SEVERANCE PAY, authority: NAVMILPERSMAN, Article 3620270.

 Chronological Listing of Significant Service Events :

940322:  Extended enlistment for 24 months.

960322:  Extended enlistment for 23 months.

961003:  Received Naval Station, Mayport, FL for limited duty.

 970402:  Medical Board determined that applicant unable to perform duties of her rate and recommended the member be referred to a Physical Evaluation Board for final adjudication.

970411:  Applicant accept the findings of the Medical Board and declined to submit a statement of rebuttal.

970716:  Physical Evaluation Board acting for the Secretary of the Navy directed BUPERS to discharge applicant for physical disability with severance pay with a 10% disability rating.

970726:  BUPERS directed the applicant's discharge with type of discharge warranted by service by reason of physical disability with severance pay.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 970822 with a general (under honorable conditions) by reason of physical disability, with entitlement to severance pay (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 but inequitable (C and D).

In response to the applicant’s issue, the Board found that the applicant served honorably for over 7 years. In addition, there was nothing in the service record to indicate that the applicant had any misconduct or below average grades that would warrant a general (under honorable conditions) discharge characterization. Therefore the Board grants relief and will upgrade the discharge to HONORABLE.

 Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel, (NAVPERS 15560C), Change 14, effective 03 Oct 96 until 11 Dec 1997, Article 3620270, SEPARATION OF ENLISTED PERSONNEL BY REASON OF DISABILITY.

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, DC 20374-5023       


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