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NAVY | DRB | 1999_Navy | ND99-01064
Original file (ND99-01064.rtf) Auto-classification: Denied


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

ex-OC, USNR
Docket No. ND99-01064

Applicant’s Request
The application for discharge review, received 990803, 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 000420. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned impropriety in the characterization of the applicant’s service. The Board’s vote was unanimous that the character of the discharge shall change. The discharge shall change to: HONORABLE/ FAILURE TO COMPLETE COMMISSIONING OR WARRANT PROGRAM, authority: NAVMILPERSMAN, Article 1910-182.





PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. The Aviation statement signed by me and my recruiter is more than clear it was not obligated, thus the record should be adjusted. P.S. For CLARIFICATION the statement is consistent with item 3 (3. BOARD ACTION REQUESTED a. Change Discharge to Honorable)

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Statement concerning DISENROLLMENT PRIOR TO COMMISSIONING
Applicant's letter to the Board dtd Aug 28, 1999
Copy of DD Form 214 from USMC (91-02-25 through 94-08-19)
Mr. S_ letter to ASN (M&RA) recommending applicant for aviation program dtd May 26, 1999
Letter of Recommendation for Officer Candidate (Aviation) undtd
Letter of Recommendation from Major P_ R. W_, USMC dtd Aug 14, 1999
Service record pages (20 pages)
Applicant’s letter to the Board dtd Apr 12, 2000
Acceptance letter to OCS dtd Mar 24, 2000

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              910225 - 940819  HON
         Inactive: USMCR(J)                900731 - 910224  COG

 Period of Service Under Review :
Date of Enlistment: 980714               Date of Discharge: 981109

 Length of Service (years, months, days):

         Active: 00 00 11
         Inactive: 00 03 14

 Age at Entry: 26                          Years Contracted: 8

 Education Level: 16                        AFQT: 55

 Highest Rate: OC (E-5)

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF                  Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, OSR, MUC, NUC, SSDR, GCM, Rifle Expert Badge (2), Pistol Sharpshooter Badge

Days of Unauthorized Absence: None

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

UNCHARACTERIZED/FAILURE TO COMPLETE COMMISSIONING OR WARRANT PROGRAM, authority: NAVMILPERSMAN, Article 1910-182.

 Chronological Listing of Significant Service Events :

980325:  Applicant signed DISENROLLMENT PRIOR TO COMMISSIONING statement which indicated that he may withdraw, prior to being commissioned, and receive an honorable discharge. [NOTE: This statement was signed prior to his enlistment contract of 98JUL14.]
981029:  Reported to Naval Aviation School Command, Pensacola, FL.

981101:  Entered Officer Candidate School (OCS).

981102:  Applicant requested drop from training, wished to be with wife.

 981105:  Applicant Drop on Request (DOR) was accepted. Not motivated to be in the Officer Candidate School Program.

981109:  Disenrolled from OCS and discharged with an uncharacterized discharge by reason of failure to complete commissioning.

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 981109 with an uncharacterized discharge by reason of failure to completion commissioning program. (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 the characterization of the discharge was improper (C and D).

In response to applicant’s issue 1, the Board found that the applicant had signed a Statement of Understanding concerning disenrollment from OCS prior to commissioning, which stated that the applicant would receive an Honorable discharge if he withdrew. Relief granted.

 Pertinent Regulation/Law (at time of discharge)

 A. The Naval Military Personnel Manual, (NAVPERS 15560C), Change 21, effective 01 September 1998 to Present, Article 1910-182 (formerly 3640405), Disposition of Enlisted Personnel Disenrolled from a Navy Officer Candidate Program (including the Naval Academy).

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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