ex-FR, USNR
ND07-00130

Current Discharge and Applicant’s Request

Application Received:  20061108 	Characterization Received:  
Narrative Reason:  PHYSICAL STANDARDS  Authority:  MILPERSMAN 3620260

Applicant’s Request:	Characterization change to:    
			Narrative Reason change to: 
Applicant’s Issues:	1. Applicant has not received all records.
			2. Honorable service not characterized in discharge

Decision

By a vote of  the Characterization shall  .	
By a vote of  the Narrative Reason shall  PHYSICAL STANDARDS.

Date:  20070906  Location:  Washington D.C.  The Board found that 

Discussion

Issue1:   either  which the Board cannot form the basis of relief for the Applicant, or  the Board does not have the authority to grant the relief for which the Applicant petitioned.  The Applicant is directed to contact the Navy Personnel Command, 5720 Integrity Drive, Millington, TN  38055-3130 concerning this issue.  

Issue 2 ().  Upon enlistment, a member qualifies for “entry-level” status during the first 180 days of continuous service.  Per MILSPERSMAN, the Applicant was separated at the convenience of the government due to failure to meet the requirements of the physical readiness test.  Entry Level Separations due to failure to meet the requirements of the physical readiness test are characterized as “Uncharacterized”.  The Applicant was notified of Administrative Separation Proceedings within the first 179 days of his service.  The Applicant acknowledged the least favorable characterization of discharge could be a general (under honorable conditions).  An uncharacterized separation shall be considered as the equivalent of an honorable or general (under honorable conditions) characterization.   

Summary of Service

Prior Service:
Inactive: USNR (DEP)19930816-19931213   	
Period of Service Under Review:
Date of Enlistment: 19931214	Years Contracted:  3; Extension:    	Date of Discharge:  19940317
Length of Service: Active   00  Yrs  03  Mths  04  Dys	
Lost Time:  Days UA:    Days Confined:  
Education Level:  12	Age at Enlistment:  19	AFQT:  46	Highest Rank/Rate:  FR
Evaluation marks (# of occasions):	Performance:  NA		Behavior:  NA	 OTA:  NA
Awards and Decorations (per DD 214):  NATIONAL DEFENSE SERVICE MEDAL

Medical/Service Record Entries Related to Characterization of Service or Basis for Discharge

19931214:	Applicant entered active duty for a term of 36 months.

19940107:	Applicant failed first PT.

19940118:	Applicant failed second PT.

19940122:	Applicant failed third PT.

19940207:	Applicant failed third PT

19940214:	Applicant failed PT

19940215:	Applicant failed PT

19940218:	Applicant failed PT

19940222:	Applicant failed PT

19940224:	Applicant failed PT

19940301:	Applicant failed PT

19940304:	Recruit Evaluation Report.  SR failed to meet P.T.  SR wants to be discharged.  This recruit is an outstanding recruit but is weak on pushups and sit-ups.  This recruit would be an asset to the fleet, but SR could never be able to pass PRT standards.  Recommend Discharge.

Discharge Process

Date Notified:					19940310
Reason for Discharge:	 - 
Least Favorable Characterization:	
Date Applicant Responded to Notification:		19940310
Rights Elected at Notification:
	Consult with Counsel			
	Obtain Copies of Documents		
	Submit Statement(s) (date)			  
	Administrative Board			
	GCMCA review				

Commanding Officer Recommendation (date):	 (LOCAL SEP)
Separation Authority (date):	RECRUIT TRAINING CMD (19940311)
              Reason for discharge directed:	 - 
              Characterization directed:	
Date Applicant Discharged:	19940317

Types of Documents Submitted by Applicant and Considered By Board

Related to Military Service:	Service and/or Medical Record:  		Other Records:  

Related to Post-Service Period:  	
	Employment:  			Finances:  			Education: 		
	Health/Medical Records:  		Substance Abuse:			Criminal Records:  	
	Family/Personal Status: 		Community Service:  		References:  		
	
Additional Statements From Applicant:  	From Representative:    
Other Documentation (Describe)       

Pertinent Regulation/Law

A.  The Naval Military Personnel Manual, (NAVPERS 15560C, Change 5, effective 5 Mar 93 until 21 Jul 94), Article 3620260, SEPARATION OF ENLISTED PERSONNEL BY REASON OF PHYSICAL FITNESS ASSESSMENT FAILURE.

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 to the Joint Service Review Activity, OUSD (P&R) PI-LP, The Pentagon, Washington, DC  20301-4000.  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