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NAVY | DRB | 1999_Navy | ND99-00782
Original file (ND99-00782.rtf) Auto-classification: Denied


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

ex-ETSN, USN
Docket No. ND99-00782

Applicant’s Request
The application for discharge review, received 990519, 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 000323. 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 1910-134 (formerly 3630100).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. During the course of my enlistment, I served my country to the utmost of my ability keeping the key values of honor, courage, and commitment central in my life. It is for this reason and those that follow that I respectfully request that the status of my discharge be upgraded from General under Honorable Conditions status to that of full Honorable.
2.       Throughout three months of boot camp I served my division as the Educational Petty
 Officer, leading my division to the highest academic scores achieved by any division at Recruit Training Command, Great Lakes.

3. During eight months of Submarine School and “A” schools in Groton, Connecticut, I consistently scored at the top of my class as a mentor to the rest of my classmates while maintaining a topmost condition of physical readiness.

4.       While serving on the USS Hawkbill out of Pearl Harbor, Hawaii, I maintained my
 status as a “hot runner” on ship qualifications for the entire time I was attached to the ship, and set a new ship record for fastest qualifying while also supporting the ship’s intramural teams and community projects.

5. From the time I entered the Navy (May, 1997) until my discharge (July, 1998) I maintained an unblemished service record and received several letters of commendation for exceptional service.

6.       Please do not let my reluctance to divulge adolescent and post-adolescent follies to the
 recruiter in any way taint the quality of my service to my country. It was with the utmost sense of determination and responsibility that I took on the duties of my position with the US Navy, fully intending to continue serving my country well for the duration of my enlistment.




 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Letter from applicant, dated April 7, 1999.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN               None
         Inactive: USNR (DEP)     970327 - 970528  COG

 Period of Service Under Review :
Date of Enlistment: 970528               Date of Discharge: 980625

 Length of Service (years, months, days):

         Active: 01 00 29
         Inactive: None

 Age at Entry: 22                          Years Contracted: 4 (12 months extension)

 Education Level: 12                        AFQT: 88

 Highest Rate: ETSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF                           Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: None

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

GENERAL (UNDER HONORABLE CONDITIONS)/FRAUDULENT ENTRY INTO MILITARY SERVICE, authority: NAVMILPERSMAN, Article 1910-134 (formerly 3630100).

 Chronological Listing of Significant Service Events :

980403:  Letter of intent to deny eligibility for a security clearance. Provides specific disqualifying information considered in reaching the decision to deny his security clearance.
980610:  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.
980610:  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.

980701:  Commanding officer recommended discharge with an uncharacterized service General (under Honorable conditions) by reason of defective enlistment and induction due to fraudulent entry. Commanding officer’s comments (verbatim): I have reviewed ETSN (applicant) service record and DONCAF ltr 5520 Ser 001AG238 of 3 April 1998. Seaman (applicant) was sent to COMSUBRON ONE for administrative processing from the USS HAWKBILL (SSN 666) for security revocation. Seaman (applicant) had failed to disclose numerious items on his defense security service questionnaire of 11 December 1997, which constituted a significant departure from conduct expected from members of the armed services. ETSN (applicant) was administratively separated with a General (Under Honorable conditions) discharge on 25 June 1998 due to defective enlistments and inductions – fraudulent entry into the Naval service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 980625 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).

In the applicant’s issues 1 through 6, the Board determined these issues are without merit. The Board does not dispute the applicant’s intentions to serve his country honorably. However, his commanding officer determined it was in the best interest of the government to terminate the applicant’s enlistment contract, based on the information he failed to disclose at the time of his enlistment. The discharge was proper and equitable. Relief denied.

 Pertinent Regulation/Law (at time of discharge)

 A. The Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective 12 Dec 97 until Present, Article 1910-134 (previously 3630100), Separation 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, DC 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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