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NAVY | DRB | 2003_Navy | ND03-00687
Original file (ND03-00687.rtf) Auto-classification: Denied


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

ex-IT3, USN
Docket No. ND03-00687

Applicant’s Request
The application for discharge review was received on 20030310. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests 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 20040224. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB. The Board’s vote was unanimous that the character of the discharge shall not change. The discharge shall remain: GENERAL (UNDER HONORABLE CONDITIONS)/CONSCIENTIOUS OBJECTOR, authority: NAVMILPERSMAN, Article 199-020.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

1. “I REQUESTED AND RECEIVED AN EARLY DISCHARGE BECAUSE OF MY CHANGE IN MY RELIGIOUS BELIEFS, AND I AM GRATEFUL TO THE UNITED STATES NAVY FOR RECOGNIZING MY DILEMA AND GRANTING MY REQUEST. HOWEVER, I HAD NO IDEA THAT THIS ACTION WOULD BE CONSIDERED PUNITIVE ONCE I WAS RELEASED.

WHILE ON ACTIVE DUTY, I AM POSITIVE THAT MY RECORDS WILL REVEAL THAT I KNEW AND PERFORMED MY DUTIES MORE THAN ADEQUATELY AS EVIDENCED BY THE FACT THAT I RECEIVED PROMOTIONS IN LESS THAN 3 YEARS. I WAS THE RECIPIENT OF THE GOOD CONDUCT MEDAL AND THE NAVY PISTOL MARKSMANSHIP RIBBON. I HAD ALWAYS SHOWN ENTHUSIASM FOR MY DUTIES AND BEHAVED IN A MANNER BEFITTING A SAILOR IN THE U.S. NAVY. IN ADDITION, I HAVE HAVER GIVEN CAUSE TO GO TO CAPTAINS MAST, AND HELD SUPERVISORY POSITIONS FREE FROM ANY INFRACTIONS.

WITH THIS IN MIND, AND TAKING CONSIDERATION THE FACT THAT HAD MY RELIGIOUS BELIEFS NOT CHANGED, I WOUL STILLE MORE THAN LIKELY BE SERVING HONORABLY IN THE NAVY. I BELIEVE THAT IT IS EVIDENT THAT MY DISCHARGE SHOULD BE UPGRADED TO REFLECT THE TIME I SERVED.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     980425 - 980616  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 980617               Date of Discharge: 010917

 Length of Service (years, months, days):

         Active: 03 03 01
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

Education Level: 12½               AFQT: 55

 Highest Rate: IT3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.0 (1)     Behavior: 1.0 (1)                 OTA: 2.50

 Military Decorations: None

 Unit/Campaign/Service Awards: Navy Pistol Marksmanship Ribbon, GCM

 Days of Unauthorized Absence: None

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

GENERAL (UNDER HONORABLE CONDITIONS)/CONSCIENTIOUS OBJECTOR, authority: NAVMILPERSMAN, Article 1900-020.

 Chronological Listing of Significant Service Events :

010622:  Applicant requested discharge on the grounds of conscientious objection.

 010810:  Commanding Officer, Tactical Air Control Squadron, recommended approval of Applicant’s request for discharge.

010830:  CNPC directed the Applicant's discharge by reason of conscientious objection with characterization of service as type warranted by service record. CNPC also directed if a General (Under Honorable conditions) is awarded, notify the member of the specific factors in the service record that warrant such a characterization (i.e., NJP, final trait average, conduct in civilian community, etc.) and document notification on Page 13 service record entry. [PAGE 13 ENTRY NOT IN SERVICE RECORD.]

010917:  Applicant discharged with a General (Under Honorable Conditions) by reason of convenience of the Government due to being a conscientious objector.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20010917 with a characterization of general (under honorable conditions) for convenience of the Government due to being a conscientious objector (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 Applicant states her character is demonstrated by her promotion to Petty Officer third class and her good conduct medal. In the Applicant’s case, the characterization of service should have been the “type warranted by service record.” However, in the absence of the Applicant’s performance evaluations, the Board presumed regularity and found the discharge proper and equitable. Therefore, relief is denied.

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 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 accomplishments must be provided in order for the Applicant to claim conduct and behavior as a reason to upgrade a less than honorable discharge. Evidence of enlisted performance evaluations, continuing educational pursuits, a positive employment record, certification of community service and non-involvement with civil authorities are examples of verifiable proof that can be submitted.

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge. The Applicant can provide additional documentation to support any claims of post-service accomplishments at that time. Representation at a personal appearance hearing is recommended but not required.










Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective
12 Dec 97 until 1 Oct 02, Article 1900-020, Convenience Of The Government Separation Based on Conscientious Objection (Enlisted and Officers).

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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