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NAVY | DRB | 2005_Navy | ND0500322
Original file (ND0500322.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT
FOR OFFICIAL USE ONLY

ex-IC3, USN
Docket No. ND05-00322

Applicant’s Request
The application for discharge review was received on 20041213. The Applicant requests the Discharge 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 20060113. After a thorough review of the available 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) by reason of defective enlistment and induction due to fraudulent entry .

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application and/or attached document/letter:

 “ To Whom It May Concern:

My name is Q_ E. H_(Applicant) SR., formerly IC3 H_(Applicant). I’m you writing for help! First of all, I was recently discharged from the Navy April 29 th 2004 from the Reserve Command in Houston. I was there on humanatarian orders to help my mother, and grandmother who both became ill. My mother being my primary caregiver was unable to care for my child. But thanks to a few kind hearted chiefs and officers I was able to obtain special orders to assist thier needs. And for them I will always be greatfull.

Thats not my problem though. Upon entering the Navy there was a lot of paperwork enough not to understand everything you sign, enough to be easily mislead into signing something that could very well be tragic to a spotless career . Before my ship date I was interviewed by an investigator in regards to my security clearance. The topic was my credit history. On a form in my recruiters officer I do remember specifilly asking what is this for and will it effect my entry into the service. I was told don’t worry about it and to just put none. Well I did. and I was being interviewed. The issue was discussed and a letter of intent was signed. The same thing happened again before I left bootcamp.

After serving nearly 2 years maybe more including several schools and a excellent command on board the USS RAINER (AOE-7) I was sent another letter during Operations Enduring Freedom & Iraq Freedom. During this tiMe we were preparing for Decom. And along with the massive orders and travel arrangements It wasn’t priority on the A.O.’s agenda but it was addressed in writing by myself. Signed by Lt. N_ (SW). Did the right people recieve it, was it sent off in time, I do not know because my orders were in and Aug 02 2003 I was in route to Corpus Christi TX, then to Houtson for vaction.

After my humanitarian crisis had came and gone and I became settled into my new command another letter arrived and (YNC) C_ instructed me again on what was needed of me to resolve this issue. Before it could be resolved another letter arrived from DONCAP separating me from the Navy, which to that point I enjoyed dearly.

My problem is my discharge It was a General under Honorable conditions (Reason: Fraudulent enlistment) My career to that point was spotless I did my job, I thrived on the core values, obtain excellent evals, LOC’s and alot of alcalads to this day I’m still proud of.
But since then it’s been a long hard struggle. After reciving foodstamps & welfare for my son and I, I found jobless. I tried to get unemployment but due to the reason of my discharge it was shot down as well as my MGIB to help me through school to learn another trade to support my son, my mother and grandmother. I went from being able to help my family, to being a burden. I don’t know, If you know what that feels like but it indeed hurts all I want is my Honorable Discharge I deserve that! I earned that!

Along with the respect of all thoses who have worked with me and thoses who have worker for me. And given respect at all time to those in authority over me. I deserve better. Please reconsider and help me! Please!

 Many Thanks ,
 [signed]
Q_ E. H_(Applicant)”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Certificate of record search from Harris County District Clerk, C_ B_, dtd November 24, 2004
Employment verification, dtd November 16, 2004
Letter from Harris County Sheriff’s Office to Applicant, dtd November 23, 2004
Certificate of Achievement for Texas Department of Criminal Justice Correctional Officer Physical Agility Test, dtd December 6, 2004
Evaluation Report and Counseling Record, dtd July 22, 2002
Evaluation Report and Counseling Record, dtd June 12, 2003
Letter of Commendation, undated
Letter of Appreciation, dtd January 29, 2002
Letter of Appreciation, dtd January 29, 2002
Performance Information Memorandum, dtd October 10, 2002
Frocking Letter for Third Class Petty Officer, dtd November 6, 2002
Certificate of completion, dtd May 9, 2002
Certificate of completion, dtd December 1, 2001
Distinguished Military Graduate certificate, dtd August 31, 2001
Certificate of completion, dtd October 10, 2003
Shellback Certificate
Personnel Qualification Standards (NAVPERS 1070/604 entry), dtd July 30, 2003
Awards page from Applicant’s service record (NAVPERS 1070/604 entry), undated
Letter from Applicant, received December 20, 2005
Letter from Director, Department of the Navy Central Adjudication Facility, dtd March 25, 2004 (2 pages)
Letter from Director, Department of the Navy Central Adjudication Facility, dtd November 12, 2003 (2 pages)
Acknowledgement of receipt of letter of intent from Commanding Officer, Naval and Marine Corps Reserve Center, dtd March 9, 2004

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     20001220 - 20010530      COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 20010531             Date of Discharge: 20040429

 Length of Service (years, months, days):

         Active: 02 10 29
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: None
         Confinement:              None

 Age at Entry: 25

 Years Contracted: 4 (12 month extension)

 Education Level: 10 (GED)                          AFQT: 58

 Highest Rate: IC3

 Final Enlisted Performance Evaluation Averages (number of marks):*

 Performance: 4.5 (2)     Behavior: 4.5 (2)        OTA: 3 .92
Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): National Defense Service Medal, Sea Service Deployment Ribbon
*Extracted from supporting documents submitted by Applicant.


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

GENERAL (UNDER HONORABLE CONDITIONS)/ FRAUDULENT ENTRY INTO MILITARY SERVICE, authority: MILPERSMAN, Article 1910-134 (formerly 3630100).
Chronological Listing of Significant Service Events :

031112:  Applicant receives letter of intent to deny security clearance. [Extracted from supporting documents provided by Applicant.]
040309:  Response from Commanding Officer, Naval and Marine Corps Reserve Center acknowledging receipt of letter of intent to deny security clearance. [Extracted from supporting documents provided by Applicant.]

040325:  Applicant receives letter of intent to deny security clearance. [Extracted from supporting documents provided by Applicant.]
040429:  DD Form 214: Applicant discharged with a character of service of general (under honorable conditions) by reason of fraudulent enlistment into military service.
Service Record did not contain the Administrative Discharge package.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20040429 by reason of defective enlistment and induction due to fraudulent entry (A) with a service characterization of general (under honorable conditions). 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 Board presumed regularity in the conduct of governmental affairs (D).

 The Applicant implies that he was discharged without notification or proper processing and that when he enlisted, he filled out his enlistment documents as directed by his recruiter. The government enjoys a presumption of regularity in the conduct of its affairs. The Applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issue. The Applicant’s statements alone do not overcome the government’s presumption of regularity in this case. There is no evidence in the record, nor has the Applicant produced any evidence, to support the contention that his discharge was improper or inequitable. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. 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. The Naval Military Personnel Manual, (NAVPERS 15560C), re-issued October 2002, effective 22 Aug 02 until 2 May 2005, Article 1910-134 (previously 3630100), Separation by Reason of Defective Enlistments and Inductions - Fraudulent Entry Into the Naval Service.

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, Para 211, Regularity of Government Affairs .


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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