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Docket No. ND04-00857

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

ex-AR, USNR
Docket No. ND04-00857

Applicant’s Request

The application for discharge review was received on 20040428.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable.  The Applicant requests a documentary record 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 20041029.  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 3620200.

The NDRB did note administrative errors on the original DD Form 214.  Block 12e, Total Prior Inactive Service, should read:  “00  06  22” vice “00  00  00,” and Block 26, Separation Code, should read:  “JFV” vice “JFX,” and Block 28, Narrative Reason for Separation, should read:  "CONDITION, NOT A DISABILITY" vice “PERSONALITY DISORDER.”  The Commander, Naval Personnel Command, Millington, TN, will be notified, recommending the DD Form 214 be corrected or reissued, as appropriate.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1.  “That the Discharged was inconsistent with the standards of Discipline.

That my mental capability at the time of the incident was not consistent with my every day duties.  That I had a death in the family and I was refused Leave.”

Documentation

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

Applicant’s DD Form 214
Letter to Congressman B_, dated February 26, 2004

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	950106 - 950809	ELS

Period of Service Under Review:

Date of Enlistment:  960112		Date of Discharge:  960831

Length of Service (years, months, days):

	Active:    00  00  26
	Inactive:  00  06  24

Age at Entry:  20			Years Contracted:  8

Education Level:  12			AFQT:  43

Highest Rate:  AR

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)/CONDITION, NOT A DISABILITY, authority:  NAVMILPERSMAN, Article 3620200.

Chronological Listing of Significant Service Events:

960805:	Applicant to active duty for 3 years.

960827:	Recruit Evaluation Unit: Diagnosed with an adjustment disorder with mixed emotional features.  Strongly recommend entry level separation because of the adjustment disorder.

960829:	Applicant notified of intended recommendation for administrative separation with an uncharacterized (entry level separation) or the least favorable characterization of service authorized of general (under honorable conditions) by reason of convenience of the government due to physical or mental conditions not necessarily amounting to a disability but affecting potential for continued active duty in the naval service as evidenced by diagnosis of an adjustment disorder.

960829:	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.

960829:	Commanding Officer directed discharge with an uncharacterized (entry level separation) by reason of convenience of the government on the basis of physical or mental conditions not necessarily amounting to a disability but affecting potential for continued active duty in the naval service as evidenced by the diagnosis of an adjustment disorder.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19960831 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:  The Applicant stated that his discharge was inconsistent with the standards of discipline.  On 19960827 the Applicant was diagnosed with an adjustment disorder with mixed emotional features.  The Applicant condition rendered him unfit for further duty.  By regulation, members discharged within the first 180 days of enlistment are given characterization of service "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 his less than one month in the military to warrant a change of discharge to honorable.  Relief denied.  

The following is provided for the edification of the Applicant.  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, however, 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 should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, and certification of non-involvement with civil authorities.  The Applicant’s evidence of post-service conduct was found not to mitigate his misconduct sufficient to warrant an upgrade to his discharge.   Therefore, no relief will be granted.

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 or any other evidence relating to his discharge 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 13, effective 960624 - 961002),  Article 3620200, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT.

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.