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NAVY | DRB | 2003_Navy | ND03-01424
Original file (ND03-01424.rtf) Auto-classification: Denied


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

ex-IS3, USN
Docket No. ND03-01424

Applicant’s Request
The application for discharge review was received on 20030903. 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 list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040608. 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/CONDITION, NOT A DISABILITY, authority: NAVMILPERSMAN, Article 1910-120 (formerly 3620200).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

 “Dear Sir or Madam:

This letter is in response to your request for more documentation to upgrade my discharge from General (under honorable conditions), to Honorable. Unfortunately, I do not have any documents other than the Certificate of Release or Discharge from Active Duty (DD Form 214). Member 1 and 4. I have enclosed with this letter copies of several “Letters of Appreciation” from my former commanding officer. In addition, I have included a copy of my Bachelor’s Degree.

The following issues are reasons why I believe my discharge should be upgraded to Honorable. If you disagree, please explain in detail why you disagree. The presumption of regularity that might normally permit you to assume that the service acted correctly in characterizing my service as less than honorable does not apply to my case because of the evidence I am submitting.

1. I received several letters of appreciation from my commanding officer.
2. My record of promotions showed I was a good service member.
3. I have been a good citizen since discharge, shown by my completion of a Bachelor’s degree program at an accredited college.
4. Personal problems impaired my ability to serve.
 5. Financial problems impaired my ability to serve.
6. Medical problems impaired my ability to serve, as indicated on DD form 214 as the reason for separation.
7. I faced racial discrimination and that impaired my ability to serve.
8. I applied for a compassionate reassignment but was unfairly denied.
9. My enlistment option was waived.

Sincerely.

S_ A_ ( Applicant )”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Member 1 and 4 (2))
Bachelor of Arts degree, dated May 10, 2003 (2)
Letter of Appreciation, dated December 1, 1997
Letter from Commanding Officer to Applicant, dated December 18, 1997
Letter of Appreciation, dated March 23, 1998
Letter of Appreciation, dated June 11, 1998
Certificate of completion, dated June 13, 1997
Certificate of completion, dated December 19, 1996
Diploma, dated June 1990

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     960409 - 960729  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 960730               Date of Discharge: 981211

 Length of Service (years, months, days):

         Active: 02 04 12
         Inactive: None

 Age at Entry: 25                          Years Contracted: 4

 Education Level: 12                        AFQT: 32

 Highest Rate: IS3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF*        Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: Letter of Appreciation (3)

 Days of Unauthorized Absence: None

*No marks found in service record.

 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 :

980226:  NJP for violation of UCMJ, Article 86, violation of UCMJ, Article 92 (2 specs). No further information found in service record.
          Award: Forfeiture of $539.55 per month for 2 months, extra duty for 45 days, reduction to ISSA. Reduction suspended for 6 months. No indication of appeal in the record.
980808:  Medical Department: A: somnambulism by history. Recommend administrative separation
980911:  Evaluation for sleep walking: A: (1) Anxiety disorder, (2) Somnambulism. Plan: (1) Psychological counseling, (2) Administrative separation. RTC PRN.

980914:  Mental Health Department: A: Dx Sleepwalking D/O. Concur with prior recommendations for administrative separation.

981211:  DD Form 214: Applicant discharged general (under honorable conditions) by reason of convenience of the government due to a physical or mental condition, not a disability, authority: NAVMILPERSMAN, Article 1910-120.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19981211 with a 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 discharge was proper and equitable (C and D).

Issues 1-3 & 6. The Applicant’s discharge characterization accurately reflects his service to this country. Normally, to permit relief, a procedural error or inequity must have existed during the period of enlistment in question. No such error or inequity occurred during the Applicant’s enlistment. The Applicant was properly diagnosed by medical authority with somnambulism by history. Additionally, the Applicant’s service record is marred by nonjudicial punishment for violation of the UCMJ, Articles 86 and 92. Additionally, 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. Relief denied.

Issues 4-5 & 7-9. The Applicant contends his personal and financial problems impaired his ability to serve. The NDRB recognizes that serving in the U.S. Navy is challenging. Our country is fortunate to have men and women willing to ensure the hardships and sacrifices required in order to serve their country. There is no documentation in the record that indicates the Applicant experienced problems with enlistment, reassignment or racial discrimination. It must be noted that most members of the Navy serve honorably and therefore earn their honorable discharges. In fairness to those members of the Navy, commanders and separation authorities are tasked to ensure that undeserving Sailors receive no higher characterization than is due. Relief denied.

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 or any other evidence relating to his discharge 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 19 May 99, 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 “ 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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