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Docket No. ND01-01137

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

 ex-SR, USN
Docket No. ND01-01137

Applicant’s Request

The application for discharge review, received 010830, requested that the characterization of service on the discharge be changed to general/under honorable conditions.  The applicant requested 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 020328.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service.  The Board’s vote was unanimous that the character of the discharge shall not change.  The discharge shall remain: UNCHARACTERIZED (Entry Level Separation) but the reason, authority and separation code for discharge will be administratively corrected to: CONDITION, NOT A DISABILITY, authority: NAVMILPERSMAN, Article 1910-120 (formerly 3620200).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  I feel my discharge status should be changed so I may reenter the U.S. Navy.  The issues that forced me out are now passed and I feel it is my duty to reenlist for my prior contract.

Documentation

In addition to the service record, the following additional documentation, submitted by the applicant, was considered:

Copy of DD Form 214 (2 copies)
	Separation Authority dtd Jul 7, 1999
	Separation Notification and Statement of Awareness dtd 6 Jul 1999
	Recruit Mental Health Evaluation dtd 1 Jul 1999

PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

	Active:   None
	Inactive: USNR (DEP)	980828 - 990623	COG

Period of Service Under Review:

Date of Enlistment:  990624		Date of Discharge:  990712

Length of Service (years, months, days):

	Active:    00  00  19
	Inactive:  None

Age at Entry:  18			Years Contracted:  4 

Education Level:  12			AFQT:  56

Highest Rate:  SR

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMF*	Behavior:  NMF		OTA:  NMF

Military Decorations:  None

Unit/Campaign/Service Awards:  None 

Days of Unauthorized Absence:  None

*No Marks Found in record.

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

UNCHARACTERIZED (Entry Level Separation)/ERRONEOUS ENTRY (OTHER), authority:  NAVMILPERSMAN, Article 3620280.

Chronological Listing of Significant Service Events:

990701:	Medical Evaluation, Recruit Mental Health, Clinical Psychologist:  
	Psychiatric Diagnosis:
	AXIS I:  Oppositional Defiant Disorder, 3.3.81, EPTE
	AXIS II:  No diagnosis on Axis II, V71.09
	NRAM-SAC: 191 (GEY) - PSYCH (PRE-SERV)
	Plan & Recommendation:  1 - Entry level separation due to disqualifying psychiatric condition affecting SR's potential for performance of expected duties and responsibility while on active duty.
	2 - Sr was educated regarding his condition and encouraged to seek treatment following separation.  SR is suitable to report to Separations Division.

990706:	Applicant notified of intended recommendation for discharge with a least characterization of service possible is general (under honorable conditions) by reason of convenience of the government due physical or mental conditions not a disability as evidenced by diagnosis of oppositional defiant disorder. 

990706:	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

990707:	CO, RTC, Great Lakes, IL directed the applicant's entry level discharge by reason of convenience of the government due to a physical or mental condition, not a disability.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 990712 with an uncharacterized (entry level separation) 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).

Issue 1 states that the applicant requested his discharge be changed so he may re-enter military service.  He states that the issues that forced him out are now passed, and it is his duty to reenlist.  The Board found no impropriety or inequity in the discharge.  The applicant served 19 days on active duty.  An Entry Level Separation (Uncharacterized) is the only discharge he is qualified to receive.  Additionally, the Board will not change a discharge to allow an applicant to re-enter military service or gain employment.  The applicant should consult his local recruiter to explore enlistment opportunities.  Relief is denied.

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560C), Change 24, effective
20 May 99 until Present, 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 “afls10.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	

___

The remaining portion of this document is divided into 4 Parts: Part I - Applicant’s Issues and Documentation, Part II - Summary of Service, Part III – Rationale for Decision and Pertinent Regulation/Law, Part IV - Information for the Applicant.
INDEX:  A2900/A9241/A2901