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NAVY | DRB | 2001_Navy | ND01-00272
Original file (ND01-00272.rtf) Auto-classification: Denied


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

ex-MMFR, USN
Docket No. ND01-00272

Applicant’s Request
The application for discharge review, received 010108, requested that the characterization of service on the discharge be changed to honorable or general/under honorable conditions. The applicant requested a documentary record discharge review. The applicant did not designate a representative on the DD Form 293.

Decision

Applicant was advised that the Board was unable to locate his service record and gave him the option of closing his case without a review or reviewing the case without the service record. Applicant did not respond to this inquiry, therefore, a documentary discharge review was conducted in Washington, D.C. on 020620. After a review of information provided only by the applicant, the NDRB, by regulation outlined in SECNAVINST 5420.174C, must apply the presumption of regularity in the conduct of government affairs and since the applicant did not provide substantial credible evidence to rebut the presumption, the Board’s vote was unanimous that the character of the discharge shall not change. The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

 To whom it may concern: This letter is to accompany my application for the review of my discharge from the United States Navy. The information following is pertaining to block 8 of my application. I would like to request an upgrade of my discharge to either Honorable or General/under honorable conditions. I am a law abiding citizen, a registered voter, a member of the NRA, a devoted husband and the father of 2 wonderful boys - one just born this past November. My family and I attend church regularly and participate in several community activities and youth sports programs. I have no arrests, convictions, or outstanding warrants on my record. I am proud to be an American and am working hard towards achieving my slice of the American Dream. I have been with my current employer for almost 5 years and have since moved up within the company twice. I was promoted to manager of the Ann Arbor, Michigan ship in 1999. The company, K_ N_, wishes to transfer me to manage a shop in Cambridge, Ohio, in February or March. My family and I will be moving down shortly and are hoping to build our own home. This is why I have listed my parents address on my application. I wish to have all mail/correspondence sent to that address. Thank you for your consideration of this matter.
Sincerely, (Signed by the Applicant)

 Documentation
Applicant's service record could not be obtained, NDRB reviewed only the medical record and considered the following additional documentation, submitted by the applicant:
Copy of DD Form 214 (for period 88JUL16 - 90FEB09)
Copy of DD Form 214 (for period 85JUN20 - 88JUL15)
Honorable Discharge Certificate dtd 15 Jul 1988

PART II - SUMMARY OF SERVICE

SERVICE RECORD INFORMATION COULD NOT BE VERIFIED, INFORMATION EXTRACTED FROM DD214’S AND MEDICAL RECORD

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        850620 - 880715  HON
         Inactive: USNR (DEP)     000000 - 000000  COG

 Period of Service Under Review :
Date of Enlistment: 880716               Date of Discharge: 900209

 Length of Service (years, months, days):

         Active: 01 00 04 (Unable to verify)
         Inactive: None

 Age at Entry: 21                          Years Contracted: ??

 Education Level: ??                        AFQT: ??

 Highest Rate: MM3

 Final Enlisted Performance Evaluation Averages (number of marks):

Performance: NSR*                 Behavior: NSR             OTA : NSR

 Military Decorations: None

 Unit/Campaign/Service Awards: MUC, SSDR

Days of Unauthorized Absence: 44 (Can't verify)

*No Service Record to input this information.

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

890216: Medical department USS CANOPUS entry indicates member declared a deserter. Health record released to ship legal office.

890228: Member signed Brig Confinement Physical.

891011: Medical Depart USS CANOPUS entry indicates member declared a deserter. Health record closed.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 900209 under other than honorable conditions for misconduct due to commission of a serious offense (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).

Issue 1: The NDRB, under its responsibility to examine the propriety and equity of an applicant’s discharge, will change the reason for discharge if such a change is warranted. The applicant’s request of an upgrade to either honorable or under honorable conditions (general) was considered, however, in the applicant’s case the Board could discern no impropriety or inequity and therefore considered the applicant’s discharge was proper and equitable. Relief denied.

Issue 2: T here 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 civilian life, subsequent to leaving the service. However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, 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. Verifiable proof of any post-service accomplishments must be provided in order for the applicant to claim post-service conduct and behavior as a reason to upgrade a less than Honorable discharge. Evidence of continuing educational pursuits, a positive employment record, documentation of community service, certification of non-involvement with civil authorities and proof of his not using drugs, are examples of verifiable documents that should have been provided to receive consideration for relief, based on post-service conduct. The applicant did not provide sufficient documentation to warrant an upgrade to his discharge. Relief denied.

Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560A), Change 8, effective
21 Aug 89 until 14 Aug 91, Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – COMMISSION OF A SERIOUS OFFENSE.

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 " afls10.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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