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NAVY | DRB | 2006_Navy | ND0600981
Original file (ND0600981.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND06-00981

Applicant ’s Request
The application for discharge review was received on 20060727 . The Applicant requests the Narrative Reason for Separation be changed . The Applicant requests a personal appearance hearing before the Board in the Washington, D.C. Metropolitan area. The Applicant did not designate a representative on the DD Form 293. Subsequent to the application, the Applicant obtained representation by the American Legion.

Decision

Under the provisions of the Secretary of Navy Instruction 5420.174D, the NDRB, on its own motion, conducted a documentary discharge review in Washington, D.C. on 20070201. 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 narrative reason for separation shall not change. The discharge shall remain H ONORABLE by reason of COMPLETION OF REQUIRED ACTIVE SERVICE, authority: MILPERSMAN 1910-104, Separation Code “JBK . ”







PART I - ISSUES AND DOCUMENTATION

Decisional Issues

No decisional issues .
Documentation
In addition to the service and medical record s , the following additional documentation, submitted by the Applicant , was considered:
Letter from Applicant to United States Senate, dated July 5, 2006

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19930224 – 19930613      COG
         Active: USN      19930614 – 19940218      HO N (RAD)

Period of Service Under Review :
Date of Enlistment: 199 4 0 2 1 9              Date of Discharge: 20010223

Length of Service (years, months, days):

          Active: None
         Inactive: 07 00 05

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

Age at Entry: 18
Years Contracted: 4
Education Level: 12                                 AFQT: 58

Highest Rate: SR

Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.8                            Behavior: 3.8              OTA: 3.75

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): National Defense Service Medal .



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

HONORABLE/ COMPLETION OF REQUIRED ACTIVE SERVICE , authority: MILPERSMAN, Article 1910-104 .
Chronological Listing of Significant Service Events :

940215:  Transfer to the USNR and Release to Inactive Duty of USN Personnel (NAVPERS 1910/29): Applicant certified that he read the orders and fully understood his obligations.

940218 :  DD Form 214: Applicant released from active duty and transferred to Naval Reserve with an honorable by reason of personality disorder, authority: MILPERSMAN 3620200. Applicant has service obligation until 20010223.

970818:  NDRB documentary record review Docket Number ND97-00616 conducted. Determination: discharge proper and equitable; relief not warranted.

010223:  NAVPERS 1070/615: Applicant discharged from USNR-R with an honorable, authority: MILPERSMAN 1910-104.


PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20010223 by reason of co mpletion of required active service (A) with a service characterization of honorable. 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 (B and C). The Board presumed regularity in the conduct of governmental affairs (D).
The Applicant requested a Personal Appearance Hearing before the Board in Washington, D.C. In the course of reviewing the Applica nt’s records for this hearing, an i rregularity in the Documentary Record Review conducted on 19970818 was identified. Based on this discovery, the President, Naval Discharge Review Board (NDRB), convened the Board members to conduct another documentary review.

 As a reminder, t he purpose of the Naval Discharge Review Board is to review discharges and dismissals under the provisions of Title 10, U.S. Code, Section 1553. The NDRB’s governing instruction defines a discharge as the complete severance of all military status gained by the enlistment or induction concerned. This means that the NDRB only has the authority to review final discharges.
When the Applicant requested a documentary review in 1997, he submitted his DD Form 214 of 19940618 , which released him from active duty and transferred him to the Naval Reserve. T he Applicant’s request for review was accepted and a review was conducted. This review was outside the jurisdiction of th e Board. And so, all previous findings from this Board regarding the Applicant’s discharge status are null and void.

The Board conducted a review of the Applicant’s records on 20010201. The Board determined that his final discharge was proper and equitable as issued. Th is determination was made based on the Applicant’s final discharge dated 20010223. His final discharge is HONORABLE by reason of COMPLETION OF REQUIRED ACTIVE SERVICE.
Since the Applicant’s final discharge is Honorable/Completion of Required Active Duty, the NDRB can grant no further review. If the Applicant desires a review of his DD Form 214 releasing him from active duty, he may petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Was hington, DC 20370-5100 .

Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Article 1910-104, SEPARATION OF ENLISTED PERSONNEL BY REASON OF EXPIRATION OF ACTIVE OBLIGATED SERVICE (EAOS).

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 Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction . You should read Enclosure (5) of the Instruction 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 Instruction 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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