Author: CAP
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Docket No. ND03-00695

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

ex-FA, USN
Docket No. ND03-00695

Applicant’s Request

The application for discharge review received on 20030310.  The Applicant requests that the reason for the discharge be changed to erroneous separation.  The Applicant requests a personal appearance hearing before the board in the Washington National Capital Region.  The Applicant listed the Department of Veterans Affairs as the representative on the DD Form 293.  In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040212.  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 and narrative reason shall not change.  The discharge shall remain:  UNCHARACTERIZED (ENTRY LEVEL SEPARATION)/FAILED MEDICAL/PHYSICAL PROCUREMENT STANDARDS, authority: NAVMILPERSMAN, Article 1910-130 (formerly Article 3620280).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION
	
Issues, as stated

Applicant’s issues, as stated on the application:

1.  “VETERAN WAS SEPARATED BY THE USN BECAUSE OF HIGH BLOOD PRESSURE W/NARRATIVE FAILURE OF MEDICAL/PHYSICAL PRECUREMENT STANDARDS.  REASON FOR PROCESSING: DEFECTIVE ENLISTMENT DUE TO ERRONEOUS ENLISTMENT AS EVIDENCE OF HIGH BLOOD PRESSURE.  VETERAN HAS NEVER HAD A HIGH BLOOD PRESSURE PROBLEM PRIOR TO HIS RECRUIT TRAINING.

WE FEEL THAT HIS SEPARATION WAS A CLEAR UNMISTAKABLE ERROR ON THE PART OF THE MEDICAL SECTION OF THE RECRUIT TRAINING COMMAND.

VETERAN DESIRES TO HAVE THIS DISCHARGE OVERTURNED AND BE GRANTED A PROPER HONORABLE DISCHARGE FOR THE CONVENIENCE OF THE GOVERNMENT SO THAT HE MAY BE ELIGIBLE TO REENLIST INTO THE US NAVY AND MAKE IT HIS LIFE LONG CAREER”

Documentation

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

Applicant’s DD Form 214
One page from Applicant’s service record
Progress notes narrative, dated January 18, 2002 (6 pages)

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	010922 - 011118	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  011119		Date of Discharge:  011213

Length of Service (years, months, days):

	Active:    00  00  25
	Inactive:  None

Age at Entry:  19			Years Contracted:  4

Education Level:  12			AFQT:  42

Highest Rate:  FA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMA*		Behavior:  NMA		OTA:  NMA

Military Decorations:  None

Unit/Campaign/Service Awards:  None

Days of Unauthorized Absence:  None

*  No Marks available for review

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

UNCHARACTERIZED (ENTRY LEVEL SEPARATION)/FAILED MEDICAL/PHYSICAL PROCUREMENT STANDARDS, authority: NAVMILPERSMAN, Article 1910-130 (formerly Article 3620280).

Chronological Listing of Significant Service Events:

011205:	Recruit Medical Eval: High blood pressure, EPTE.

011207:	Applicant notified of intended recommendation for discharge with a general (under honorable conditions) by reason of defective enlistment and induction due to failed the medical/physical procurement standards.

011207:	Applicant advised of 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.

011210:	Commanding Officer recommended discharge with an uncharacterized service by reason of defective enlistment and induction due to failed medical/physical procurement standards.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20011213 with an uncharacterized service for defective enlistment and induction due to failed medical/physical procurement standards (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:  The NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, will change the reason for discharge if such a change is warranted.  The summary of service clearly documents that failure of medical/physical procurement standards was the reason the Applicant was discharged.  No other Narrative Reason for Separation could more clearly describe why he was discharged.  To change the Narrative Reason for Separation would be inappropriate.  Relief denied.

By regulation, members discharged within the first 180 days of enlistment are given characterization of services as “Uncharacterized” unless there were unusual circumstances regarding performance of conduct, which would merit an “honorable” characterization.  The Applicant’s service record did not contain any unusual circumstances during his twenty-five days in the military to warrant a change of discharge to “honorable.”  Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing enlistment opportunities as requested in the issue.  Regulations limit the Board’s review to a determination on the propriety and equity of the discharge.  In the Applicant’s case, the Board could discern no impropriety or inequity and therefore considered the Applicant’s discharge proper and equitable.  However, an uncharacterized discharge nor an unfavorable “RE” code is, in itself, a bar to reenlistment.  A request for waiver is normally done during the processing of a formal application for enlistment through a recruiter.  Relief is therefore 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.  The Applicant can provide additional documentation to support any claims of post-service accomplishments at that time.  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), Change 33, effective 13 Jun 01 until 21 Aug 02, Article 1910-130 (formerly 3620280), Separation by Reason of Defective Enlistments and Inductions - Erroneous Enlistment.

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 "afls14.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.
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