Author: CAP
Last saved by: shirley.robertson
Company: NCPB

Docket No. ND04-00023

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

ex-SR, USN
Docket No. ND04-00023

Applicant’s Request

The application for discharge review was received on 20031001.  The Applicant requests the characterization of service received at the time of discharge be changed to entry level separation/uncharacterized.  The Applicant requests a documentary discharge review.  The Applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040624.  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 shall not change.  The discharge shall remain: UNCHARACTERIZED (Entry Level Separation)/CONDITION, NOT A DISABILITY, authority: NAVMILPERSMAN, Article 1910-120 (formerly 3620200).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

“1. To Whom It May Concern:

My name is S M, and I am currently requesting an upgrade on my discharge papers.  I am making this request because at the time of my entry (Aug. 99)1 was young and stupid.  I was a 17 year old, fresh out of high school, which had never been out on her own.  My parents had provided everything for me from being my alarm clock in the morning to doing everything but my homework.  There had never been anyone I truly had to follow orders from that 1 couldn’t talk my way to getting what I wanted from.  So at that time I figured that this was going to be a walk in the park and I’d get what I wanted out of nothing.

Once I got to Great Lakes Training Center, I was still in a state of mind that I was running the show.  After I had to realize that this was not so I, like the spoiled little brat I was, told my father to help me.  Realizing he could do nothing for me, I had to be conniving and find a way out.  So I tried anything from manufacturing a bad nervous condition to talking to the psychologist to get out and finally I got what I wanted.

After I returned home, shortly there after I became pregnant.  With a whole nine months to think it hit me that I had made the worst mistake to leave the military.  Not only now did 1 have another person to provide for but also I had to make a life from nothing.  My entire reason for going to the military in the first place was to get the best education possible.  The way things were looking now that was impossible.

I am now asking for the upgrade on my papers to reenlist so that I would be able to make the best life for my daughter that I can.  I feel that I have had ample time to recognize my mistake and wish to be able to make right the wrong in my life I’ve done by this.  If you choose to grant me a second chance to become apart of the United States Military (Air Force) I will make the most out of my chance given and create a wonderful life for myself and my child.  I will also further my education as planned and one day becomes a high school English teacher.

I thank you for your consideration in reading and reviewing this matter.”

Documentation

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

None

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	990121 - 990816	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  990817		Date of Discharge:  990909

Length of Service (years, months, days):

	Active:    00  00  23
	Inactive:  None

Age at Entry:  18			Years Contracted:  4 

Education Level:  12			AFQT:  47

Highest Rate:  SR

Final Enlisted Performance Evaluation Averages (number of marks):

None

Military Decorations:  None

Unit/Campaign/Service Awards:  None

Days of Unauthorized Absence:  None

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

UNCHARACTERIZED (Entry Level Separation)/CONDITION, NOT A DISABILITY, authority:  NAVMILPERSMAN, Article 1910-120 (formerly 3620200).

Chronological Listing of Significant Service Events:

990830:	Medical Evaluation by Recruit Mental Health diagnosed Applicant with oppositional defiant disorder, 313.81, EPTE.  Recommended entry level separation due to a disqualifying psychiatric condition.

990902:	Applicant notified of intended recommendation for an uncharacterized discharge by reason of convenience of the government due to a physical or mental condition not necessarily amounting to disability but affecting potential for continued active duty in the naval service as evidenced by diagnosis of oppositional defiant disorder.

990902:	Applicant advised of her 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.

990903:	Commanding Officer directed discharge with uncharacterized service by reason of convenience of the government on the basis of a physical or mental condition not necessarily amounting to disability but affecting potential for continued active duty in the naval service as evidenced by diagnosis of oppositional defiant disorder, EPTE.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19990909 with uncharacterized service 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.  By regulation, members discharged within the first 180 days of enlistment are given characterization of service as “uncharacterized” unless there were unusual circumstances regarding performance or conduct which would merit an “honorable” characterization.  The Applicant’s service record did not contain any unusual circumstances during her less than one month in the military to warrant a change of discharge.  With respect to non-service related administrative matters, an uncharacterized separation is considered the equivalent of an honorable or general (under honorable conditions) characterization.

The NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces.  Neither a less than fully honorable discharge nor an unfavorable “RE” code is, in itself, a bar to reenlistment.  A request for waiver is normally done only during the processing of a formal application for enlistment through a recruiter.  

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560C), Change 24, effective
20 May 99 until 27 Aug 01, 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 “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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