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NAVY | DRB | 1999_Navy | ND99-00610
Original file (ND99-00610.rtf) Auto-classification: Denied


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

ex-SN, USN
Docket No. ND99-00610

Applicant’s Request
The application for discharge review, received 990401, 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 list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000121. 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: UNDER HONORABLE CONDITIONS (GENERAL)/PHYSICAL DISABILITY, ENTITLED TO SEVERANCE PAY, authority: NAVMILPERSMAN, Article 3620270.

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: None
         Inactive: USNR (DEP)     860823 - 860826  COG

 Period of Service Under Review :
Date of Enlistment: 860827               Date of Discharge: 900829

 Length of Service (years, months, days):

         Active: 04 00 03
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

Education Level: 12                        AFQT: 53

 Highest Rate: SN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.36 (5)    Behavior: 2.76 (5)                OTA: 3.24

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR, MUC and AFEM.

 Days of Unauthorized Absence: 58

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

UNDER HONORABLE CONDITIONS (GENERAL)/PHYSICAL DISABILITY, ENTITLED TO SEVERANCE PAY, authority: MILPERSMAN, Article 3620270.

 Chronological Listing of Significant Service Events :

870618:  NJP for violation of UCMJ, Article 91: Insubordinate conduct toward a superior petty officer.
         Award: Restriction and extra duty for 15 days. No indication of appeal in the record.

880115:  Retention Warning: Advised of deficiency (UA), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.  

881118:  NJP for violation of UCMJ, Article 91 Willfully disobey a lawful order.
         Award: Restriction and extra duty for 15 days. No indication of appeal in the record.
890605:  Civilian Conviction: Sexual Assault. Found guilty of sexual assault causing bodily harm. Six months imprisonment.

 890606:  Applicant delivered to civil authorities for six months confinement.

890804:  Applicant returned to military jurisdiction.
900628:  Physical evaluation Board directs the applicant's discharge by reason of physical disability, entitled to severance pay.

900815:  CNMPC message sent to command directing discharge with characterization as warranted by service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 900829 under honorable conditions (general) for physical disability, entitled 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 and equitable (C and D).

The applicant introduced no decisional issues for consideration by the Board.

 Pertinent Regulation/Law (at time of discharge)

 A. The Naval Military Personnel Manual, (NAVPERS 15560C), Change 1/86, effective 29 Jan 86 until 14 Aug 91, Article 3620270, SEPARATION OF ENLISTED PERSONNEL ON ACTIVE DUTY (INCLUDING ACTIVE DUTY FOR TRAINING) BY REASON OF PHYSICAL 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, D.C. 20374-5023     


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