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NAVY | DRB | 2002_Navy | ND02-00013
Original file (ND02-00013.rtf) Auto-classification: Denied


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

ex-AME2, USN
Docket No. ND02-00013

Applicant’s Request
The application for discharge review, received 010926, 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 020517. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned an 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/CONDITION, NOT A DISABILITY, authority: NAVMILPERSMAN, Article 1910-120 (formerly 3620200) and the Separation Code shall change to: KFV.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. I was given a severance check of approximately $9,000, after taxes, upon discharge from the Navy. A General Discharge should not be warranted for someone given severance pay. Prior to my discharge I met the Medical Board March 21, 2000 for lower back problems. Although, I was not given a medical discharge, I was given "Condition, Not a Disability" discharge. Surely, this type of discharge doesn't deserve a General Discharge. I was discharged at the Rank of E-5. Again, not the rank of someone who receives a General Discharge. I was discharged because I couldn't go to sea because of my medical condition.

2. While in the Navy I received numerous awards and medals. I received the Navy Achievement in l996; I received two Meritorious Unit Commendations; Two Good Conduct Medals; Two Armed Forces Expeditionary Medals; Two Southwest Asia Service Medals; National Defense Medal; and two "E" ribbons. Additionally, I received numerous letters of appreciation and commendation from Commanding Officers. These awards were for periods of service throughout my Navy career, from enlistment in 1989 until discharge in 2000.

3. I reenlisted in the Navy in 1993. Since that time I have been on extensions. I extended twice during my last period of service. During my career my Evaluation Report & Counseling Records put me in the top 5%of the Navy. My Eval in March 2000, was still in the 4.0-5.0 range. This was four months prior to my discharge.

4. This discharge is unfairly keeping me from receiving some benefits which require a HONORABLE discharge. I am unable to receive Illinois state benefits because of the General Discharge. I am unable to receive education benefits and desert storm bonus. Both require a Honorable Discharge.
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of applicant's DD Form 214
Copy of automated medical board report cover sheet dated April 6, 2000
Copy of report of medical evaluation board dated March 21, 2000
Copy of non medical assessment dated March 14, 2000
Copy of Evaluation Report & Counseling Record dated March 14, 2000, March 4, 1999 and March 9, 1998

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     890630 - 890705  COG
         Active: USN                        890706 - 930406  HON

 Period of Service Under Review :
Date of Enlistment: 930407               Date of Discharge: 000822

 Length of Service (years, months, days):

         Active: 07 04 16
         Inactive: None

 Age at Entry: 30                 Years Contracted: 5 (20 and 12 month extensions)

 Education Level: 12                        AFQT: 82

 Highest Rate: AME2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.71 (7)    Behavior: 3.57 (7)                OTA: 4.10

 Military Decorations: NAM

 Unit/Campaign/Service Awards: MUC (2), NER (2), GCM (2), NDSM, AFEM (2), SASM (2), SSDR (3)

 Days of Unauthorized Absence: None

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

GENERAL (UNDER HONORABLE CONDITIONS)/CONDITION, NOT A DISABILITY, authority: NAVMILPERSMAN, Article 1910-120 (formerly 3620200).

 Chronological Listing of Significant Service Events :

930407:  Reenlisted for 6 years at VFA-125 Detachment, NAS Fallon, NV

990407:  Extended enlistment for 20 months.

 000508:  Physical Evaluation Board finding/recommended disposition: Fit to continue on active duty.
000609:  Reconsideration of Preliminary Physical Evaluation Board: No change to the preliminary finding that you are fit for duty.
000713:  Applicant requested separation based on the medical condition which believe exists (by member and the attending physician), but does not amount to a disability..
000721:  Applicant notified of intended recommendation for discharge general (under honorable conditions) by reason of convenience of the government due physical or mental conditions not necessarily amounting to disability but affecting potential for continued active duty in the naval service as evidenced by diagnosis of chronic lower back pain.

000721:  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 submit a written statement for consideration by the Separation Authority.
000724:  Commanding officer recommended discharge general (under honorable conditions) by reason of convenience of the government on the basis of a. physical or mental conditions not necessarily amounting to disability but affecting potential for continued active duty in the naval service as evidenced by diagnosis of chronic lower back pain. Commanding officer’s comments (verbatim): Petty Officer (applicant's) condition prevents world-wide assignability and warrants separation.

000728:  Commander, Strike Fighter Wing, U.S. Pacific Fleet directed the applicant's discharge general (under honorable conditions) by reason of convenience of the government due to a physical or mental condition, not a disability .

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

After initiating a request for discharge due to his physical condition, the applicant was discharged on 000822 general (under honorable conditions) for convenience of the government due to a physical or mental condition, not a disability. (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 characterization of the discharge was improperly assigned (C and D). The Board’s vote was unanimous that the character of discharge shall change to Honorable.

After a complete review of the applicant’s service records and supplemental documentation provided, the NDRB determined that the applicant’s service in his last enlistment was fully Honorable. The applicant was discharged for a physical condition that limited his ability to perform. His performance marks, although not execptionally stellar, were within the range permitted for an Honorable discharge. The applicant was not involved in any documented misconduct during his last enlistment. The applicant’s command cited an NJP that occurred in his first enlistment in the “Summary of military offenses” for the final enlistment. The NJP cited had no barring on the characterization of the applicant’s final enlistment and should not have been mentioned. Based on the evidence presented, the NDRB contends that the applicant’s service was fully Honorable and he is deserving of relief. Relief is granted.

The NDRB found that the Separation Code assigned, “JFV”-for involuntary separation- was inappropriately assigned. The Board found that the applicant initiated a request for separation after being found fit for duty by a Medical Board. Accordingly, the Board found that the Separation Code shall change to “KFV”-indicating voluntary discharge.

Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 24, effective
20 May 99 until 27 Aug 01, Article 1910-120 (formerly 3620200), SEPARATION BY REASON OF CONVENIENCE OF THE GOVERNMENT - PHYSICAL OR MENTAL CONDITIONS.

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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