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NAVY | DRB | 2000_Navy | ND00-00401
Original file (ND00-00401.rtf) Auto-classification: Denied


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

ex-AA, USN
Docket No. ND00-00401

Applicant’s Request
The application for discharge review, received 000211, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. The applicant designated the American Legion as his representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000831. After a thorough review of the records, 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)/DISABILITY EXISTED PRIOR TO SERVICE, PEB, authority: NAVMILPERSMAN, Article 3620270.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. (Equity issue) This former member avers that his discharge is inequitable. While he did violate UCMJ, Art. 121 in his early service, he was punished, counseled, retained and abstained from further misconduct. With the basis of his discharge due to a medical condition, narcolepsy, he opines that upgrade of his character of service to honorable is warranted.

2. (Equity issue) This former member further requests that the Board include provisions of SECNAVINST 5420.174c., enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of his application.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214 (2 copies)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     951028 - 960620  COG

 Period of Service Under Review :
Date of Enlistment: 960621               Date of Discharge: 971003

 Length of Service (years, months, days):

         Active: 01 03 13
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 79

 Highest Rate: AA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.00 (1)    Behavior: 1.00 (1)                OTA: 1.50 (5.0 evals)

 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)/DISABILITY EXISTED PRIOR TO SERVICE, PEB, authority: NAVMILPERSMAN, Article 3620270.

 Chronological Listing of Significant Service Events :

970207:  NJP for violation of UCMJ, Article 121: larceny.
         Award: Forfeiture of $200 per month for 2 months, 30 days correctional custody. No indication of appeal in the record.
970429:  Medical Board (NAVHOSP Pensacola, FL) found applicant unfit for duty due to a medical condition (narcolepsy) that existed prior to entry and referred the medical board to the Physical Evaluation Board for final determination.
970505:  Applicant accepted findings of the Medical Board.

 970715:  President, Physical Evaluation Board (PEB), acting for the Secretary of the Navy, found applicant had a physical disability which existed prior to entry into the Naval Service and requested BUPERS effect applicant's discharge without entitlement to any benefits.

970912:  BUPERS directed the applicant's discharge with type warranted by service record by reason of physical disability, existed prior to service, PEB, not entitled to severance pay.

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 971003 general (under honorable conditions) for disability existed prior to service (determined by PEB) (A). The Board presumed regularity in the conduct of governmental affairs (B). After a thorough review of the records, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).

 The applicant’s representative submitted the following as issue1: “ (Equity issue) This former member avers that his discharge is inequitable. While he did violate UCMJ, Art. 121 in his early service, he was punished, counseled, retained and abstained from further misconduct. With the basis of his discharge due to a medical condition, narcolepsy, he opines that upgrade of his character of service to honorable is warranted.” The applicant was discharged with type warranted by service record by reason of physical disability existing prior to service. The Board carefully reviewed the applicant’s military record and found that due to the applicant’s NJP and overall enlisted performance evaluation averages, a general (under honorable conditions) discharge is warranted. Relief will not be granted concerning this issue.

 The applicant’s representative submitted the following as issue 2: “(Equity issue) This former member further requests that the Board include provisions of SECNAVINST 5420.174c., enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of his application.” The NDRB is authorized to consider post-service factors in the recharacterization of a discharge (B, Part IV). However, there is no law or regulation which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the service. Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question. Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, is considered. The applicant did not provide any documentation of his post-service. The applicant should have produced evidence of continuing educational pursuits, a verifiable employment record, documentation of community service and certification of non-involvement with civil authorities in order for consideration for clemency based on post-service conduct. At this time the applicant has not provided sufficient documentation of good character and conduct. Therefore no relief will be granted. He is encouraged to continue with his pursuits and is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. Relief denied.

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 view DoD Directive 1332.28 and other Decisional Documents by going online at " afls14.jag.af.mil ".

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
                  720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023      



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