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NAVY | DRB | 2000_Navy | ND00-00784
Original file (ND00-00784.rtf) Auto-classification: Denied


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

ex-FA, USN
Docket No. ND00-00784

Applicant’s Request
The application for discharge review, received 000531, 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 Grants Pass, Oregon Veterans Service Office her representative on the DD Form 293. The representative did not respond to the Board's inquiry concerning applicant's application and did not submit additional issues for the Board to address.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010111. 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 1910-168 (formerly 3620270).


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. I believe to be eligible for Montgomery G.I. I have been turned down because of my discharge. I was discharged for a service connected disability. Please correct this error.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214 (2 copies)
Copy of applicant's VA compensation claim dtd Jun 2, 1999
VA letter dtd Apr 21, 2000 denying applicant the Montgomery GI Bill
Excerpt from VA pamphlet concerning educational benefits

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     980511 - 980531  COG

 Period of Service Under Review :
Date of Enlistment: 980601               Date of Discharge: 981231

 Length of Service (years, months, days):

         Active: 00 07 00
         Inactive: None

 Age at Entry: 23                          Years Contracted: 4

 Education Level: 14                        AFQT: 43

 Highest Rate: FA

 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):

UNCHARACTERIZED (ENTRY LEVEL SEPARATION)/DISABILITY, SEVERANCE PAY, authority: NAVMILPERSMAN, Article 1910-168 (formerly 3620270).

 Chronological Listing of Significant Service Events :

981106:  Naval Hospital, Great Lakes, IL: Medical Board conducted, diagnosis of Recalcitrant Tendinitis, Left Foot and Tendinitis, Left Ankle. Medical board referred to the Physical Evaluation Board. Applicant accepted the finding of the local medical board.
981208:  PEB found applicant unfit, with a 0% disability rating and recommended separation from active duty with severance pay.
981215:  Applicant accepted the findings of the PEB.

 981215:  Applicant requested "home awaiting orders" to await the final administrative disposition.
981231:  CNPC directed the applicant's discharge by reason of physical disability.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 981231 with an uncharacterized service (entry level separation) by reason of physical disability, with 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).

The Board found that the applicant was notified of her discharge on 981215, which was over the 180 days normally required for an uncharacterized discharge. In response to the applicant’s issue 1, the applicant was properly discharged for a disability, with severance pay, but the Board found that the applicant’s discharge should be characterized since it was over 180 days. Therefore the applicant’s discharge shall be changed to HONORABLE. Relief is granted.

 Pertinent Regulation/Law (at time of discharge)

 A. The Naval Military Personnel Manual, (NAVPERS 15560C), Change18, effective 12 Dec 97 to Present, Article 1910-168 (previously 3620270), Separation 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 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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