ex-QM2, USN
ND06-01174

Current Discharge and Applicant’s Request

Application Received:  				20060912
Characterization of Service:			
Reason for Separation:		CONVENIENCE OF THE GOVERNMENT - PHYSICAL OR MENTAL CONDITIONS 
Discharge Authority:				MILPERSMAN 1910-120
Last Duty Assignment/Command at Discharge:	uss leyte gulf (cg 55)

Applicant’s Request:	
	Characterization change to:		
	Narrative Reason change to: 		
	Review Requested:			
	Representation:				

Applicant’s Issues:
1.  Characterization of service not warranted by service record.
2.  Post-service conduct.

Decision

By a vote of  the Characterization shall  .	
By a vote of  the Reason shall  CONVENIENCE OF THE GOVERNMENT – PHYSICAL OR MENTAL CONDITIONS.

Date of Decision:					20070809
Location of Board:				Washington D.C.
Complete Service Record:				
Complete Medical Record:			
Complete Discharge Package:			*

*Because the Applicant’s petition for review was received within 2 years of the date of discharge, the NDRB attempted to acquire, via naval message, copies of relevant records, i.e. the discharge package or related official documentation, from the local command at discharge.  Having received no response to its inquiry, the NDRB proceeded with its review.

Regarding propriety, the Board found the discharge:	
Regarding equity, the Board found the discharge:	

Issue 1 ().  When the reason for discharge is convenience of the government – physical or mental conditions, the characterization of service is honorable, unless an entry level separation or general (under honorable conditions) is warranted.  The Applicant was not eligible for an entry level separation.  In reviewing the Applicant’s record, the Board could not discern any significant aspects of his performance or conduct that outweighed the positive aspects of his service record.  The Applicant’s service record contained no evidence of misconduct or adverse counseling.  While his service record did not contain his performance evaluations, the Board found that the copies Applicant submitted to be credible, and reflected consistent positive performance in keeping with naval standards throughout his service.  Therefore, the Board determined that the characterization of service of the Applicant’s service as general (under honorable conditions) was an error of discretion resulting in prejudice, as honorable was the most accurate description of the Applicant’s service.  Relief is granted on this issue.

Issue 2 ().  Because it granted relief on other grounds, the Board considered this issue moot.  

In reviewing discharges, the Board presumes regularity in the conduct of Government affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant.  After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Service Record Entries, Medical Record Entries, Elements of Discharge and evidence submitted by the Applicant, the Board found the Applicant’s discharge improper.  Accordingly, the Board changed the characterization of service to honorable.

Summary of Service

Prior Service:
Inactive: USNR (DEP)				20010713 - 20010914  
Active:   					       

Period of Service Under Review:
Date of Enlistment:  				20010915
Years Contracted:  				;        
Date of Discharge:				20041123
Length of Service
	Active:					03  Yrs  02  Mths  09  Dys  (does not exclude lost time)
	Inactive:					NONE  

Time Lost During This Period:			 

Education Level:  				
Age at this Enlistment:  				
AFQT:  						35
Highest Rate/Rank:				QM2

Performance Evaluation Averages (number of marks):*
				Performance: 3.5(6) Behavior: 3.7(6) OTA: 3.35

Awards and Decorations (as listed on the DD Form 214):  NAVY "E" RIBBON (2); NATIONAL DEFENSE SERVICE MEDAL (2); SEA SERVICE DEPLOMENT RIBBON (2); GLOBAL WAR ON TERRORISM EXPEDITIONARY MEDAL.

*Extracted from Applicant’s supporting documents

Medical/Service Record Entries Related to Characterization of Service or Narrative Reason for Separation

None.

Elements of Discharge:  [INVOLUNTARY]

Discharge Process:				NOT FOUND IN RECORD*
	Date Notified:					     
	Reason for Discharge		
	Least Favorable Characterization Authorized:	

Date Applicant Responded to Notification:		NOT FOUND IN RECORD
Rights Elected at Notification:
Consult with Counsel			
Administrative Board			
Obtain Copies	  			
Submit Statement(s) (date)			     
GCMCA Review				

Commanding Officer Recommendation (date):	NOT FOUND IN RECORD
Separation Authority (date):	NOT FOUND IN RECORD
	Narrative reason directed:			
	Characterization directed:			
Date Applicant Discharged:			20041123

Additional Information Considered by Board

Type of documentation submitted by the Applicant and considered by the Board
       
       	Document Type					#Pages
       Related to Period of Service Under Review:
	Service/Medical Record:				25
	Other Period of Service:				1
       Related to Post-Service Period:
	Community Service:				     
	Education:					     
	Employment:					     
	Health/Medical:					     
	Character Statements:				     
	Criminal Records Checks:				     
	Additional Statements from Applicant:		1
        Other Documentation	 (Describe Below)		11

        Total Number of Pages:				38

       Description of Other Documentation:
       	Letter from Representative; Department of Veterans Affairs Disability determinations

Pertinent Regulation/Law

A.  Naval Military Personnel Manual Article, (NAVPERS 15560C), effective 23 Sep 2004 until 24 May 2005, Article 1910-120, SEPARATION BY REASON OF CONVENIENCE OF THE GOVERNMENT - PHYSICAL OR MENTAL CONDITIONS.

B.  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 V, Para 502, Propriety and Para 503, Equity.

ADDENDUM:  Information for the Applicant

Complaint Procedures:  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.”

Additional Reviews:  Subsequent to a document review, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years from the date of discharge.  The Applicant can provide documentation to support any claims of post-service accomplishments or any additional evidence related to this discharge.  Representation at a personal appearance hearing is recommended but not required.  If a former member has been discharged for more than 15 years, has already been granted a personal appearance hearing or has otherwise exhausted his opportunities before the NDRB, the Applicant may petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100 for further review.

Service Benefits:  The Veterans Administration determines eligibility for post-service benefits, not the Naval 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.

Employment/Educational Opportunities:  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 of the propriety and equity of the discharge.  

Reenlistment/RE-code:  Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, the NDRB is not authorized to change a reenlistment code.  Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.  Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities.  An unfavorable “RE” code is, in itself, not a bar to reenlistment.  A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.

Medical Conditions and Misconduct:  DoD disability regulations do not preclude a disciplinary separation.  Appropriate regulations stipulate that separations for misconduct take precedence over potential separations for other reasons.  Whenever a member is being processed through the Physical Evaluation Board, and subsequently is processed for an administrative involuntary separation for misconduct, the disability evaluation is suspended.  The Physical Evaluation Board case remains in suspense pending the outcome of the non-disability proceedings.  If the action includes either a punitive or administrative discharge for misconduct, the medical board report is filed in the member’s terminated health record.  Additionally, the NDRB does not have the authority to change a narrative reason for separation to one indicating a medical disability or “PTSD.”  Only the Board for Correction of Naval Records can grant this type of narrative reason change.  

Automatic Upgrades - 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 Naval service.  The NDRB is authorized to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review.  Examples of documentation that may be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, credible evidence of a substance free lifestyle and certification of non-involvement with civil authorities.  

Issues Concerning Bad-Conduct Discharges (BCD) – Because relevant and material facts stated in a court-martial specification are presumed by the NDRB to be established facts, issues relating to the Applicant’s innocence of charges for which he was found guilty cannot form a basis for relief.  With respect to a discharge adjudged by a court-martial, the action of the NDRB is restricted to upgrades based on clemency.  Clemency is an act of leniency that reduces the severity of the punishment imposed.  

Board Membership:  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