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NAVY | DRB | 2005_Navy | ND0500097
Original file (ND0500097.rtf) Auto-classification: Denied


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

ex-ATAN, USN
Docket No. ND05-00097

Applicant’s Request
The application for discharge review was received on 20041013. The Applicant requests the characterization of service received at the time of discharge be changed to entry-level separation or uncharacterized. The Applicant requests a documentary record review. The Applicant did not list any representative on the DD Form 293.

Decision

A documentary review was conducted in Washington, D.C. on 20050201. 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: UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910 - 142 (formerly 3630605).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

1. “I wish to see my discharge changed so that I may apply for benefits. The reason being stated in the Summary Account attached. Only a few points I would like to make.

 1. No violence related issues
2. No drug related issues
3. No sexual misconduct related issues
4. My absent time amount to less than or approximately 14 days
This was a huge paperwork dispute based around my initial enlistment schools. The detailer specifically told me that all matters would be cleared up while I was in San Diego going through processing. Outside of being U.A. I was not, nor have ever been threatening or a threat to anyone. That I may apply for work with a clear record and conscious. Thank you for your time.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Statement from Applicant (2 pages)
Cross Reference Sheet
Administrative Discharge Authority Letter
Copies of Applicant’s DD Form 214 (2)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     900119 - 900731  COG
         Active: USN                        900801 - 941117  HON

 Period of Service Under Review :
Date of Enlistment: 970630               Date of Discharge: 990430

 Length of Service (years, months, days):

         Active: 01 09 03
         Inactive: None

 Age at Entry: 25                          Years Contracted: 4

Education Level: 12                        AFQT: 92

 Highest Rate: AT3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.00 (2)             Behavior: 4.00 (2)                OTA: 3 .78

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SWAS, SSDR, NUC, GCM

 Days of Unauthorized Absence: 29

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-142 (formerly 3630605).

 Chronological Listing of Significant Service Events :

981218:  Commanding Officer NJP held this date [Extracted from NAVPERS 1070/604].

990216:  Unauthorized absence from Carrier Airborne Early Warning Squadron 116, 0645, 990216. Intentions unknown.

990315:  From UA (29days) [Extracted from DD Form 214].

990420:  COMCRUDESGRU ONE directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

990430:  Applicant discharged under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

Complete discharge package unavailable

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19990430 under other than honorable conditions for misconduct due to commission of a serious offense (A). After a thorough review of the available records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (B and C). The presumption of regularity of governmental affairs was applied by the Board in this case in the absence of a complete discharge package (D).

Issue 1: Normally, to permit relief, an impropriety or inequity must have existed during the period of enlistment in question. No such impropriety or inequity is evident during the Applicant’s enlistment. In the absence of a complete discharge package, the Board presumes, based upon the Applicant’s DD Form 214 and other paperwork, the Applicant committed a serious military or civilian offense for which the Manual for Courts-Martial authorizes a punitive discharge. The Applicant bears the burden of overcoming this presumption of regularity through the presentation of substantial and credible evidence to support his issue. The Applicant has submitted no documentation or other evidence to rebut the presumption that the Applicant committed such an offense. Likewise, the Applicant submitted no documentation or other evidence to rebut the presumption that the Applicant’s conduct while in his current enlistment was not sufficiently meritorious to warrant an honorable or general (under honorable conditions) discharge. As such, the Board presumes that the Applicant’s discharge was both proper and equitable. Relief denied.

The Veterans Administration determines eligibility for post-service benefits not the Navy Discharge Review Board. There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits and this issue does not serve to provide a foundation upon which the Board can grant relief. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge.

By regulation, only members discharged within the first 180 days of enlistment are eligible for a characterization of service as “uncharacterized” or “entry-level separation”. Members serving for longer than 180 days are awarded discharges on the quality of their service and other factors, as governed by appropriate regulations. The Applicant served a total of over 6 years in the armed forces and about 1 year and 9 months in his current enlistment. As such, by regulation, he is ineligible to receive an uncharacterized or entry-level separation. 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. 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 29 March 2000, Article 1910-142 [formerly 3630605]. SEPARATION BY REASON OF MISCONDUCT- COMMISSION OF A SERIOUS OFFENSE .
B. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety .

 C. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity .
D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.


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 “ http://Boards.law.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:

                  Secretary of the Navy Council of Review Boards
                   Attn: Naval Discharge Review Board
                   720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023

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