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NAVY | DRB | 1999_Navy | ND99-00019
Original file (ND99-00019.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND99-00019

Applicant’s Request
The application for discharge review, received 981002, requested that the characterization of service on the discharge be changed to Honorable. The applicant requested 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 990920. 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 PERFORMANCE AND CONDUCT, authority: NAVMILPERSMAN, Article 3630200.





PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank.


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):
         Active: None
         Inactive: USNR (DEP)     960530 - 961015  COG

 Period of Service Under Review :
Date of Enlistment: 961016               Date of Discharge: 970314

 Length of Service (years, months, days):

         Active: 00 04 29
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 90

 Highest Rate: SR

 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

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

UNCHARACTERIZED/ENTRY LEVEL PERFORMANCE AND CONDUCT; authority: NAVMILPERSMAN, Article 3630200.

 Chronological Listing of Significant Service Events :

970211:  Mental Health Department, Branch Medical Clinic, Orlando: An evaluation was conducted to determine the fitness and suitability of the applicant to serve in the nuclear field and continued military service. Diagnostic Impressions: Axis I: Occupational problems, Adjustment disorder with mixed anxiety and depressed mood, Axis II: None, Axis III: Fractured tibia (by her report). Disposition: Returned to her command for administrative disposition. Recommendation: Continue command guidance, counseling, and discipline. Counseling should be documented in a page 13 entry. If in spite of the above measures, maladapative behavior occurs, it is recommended that the service member be administratively separated. Individual mental health follow up is indicated. A short term supportive therapy to assist applicant was offered. If this treatment is not effective, separation will be recommended.
970304:  Head, Mental Health Department, Branch Medical Clinic, Orlando: Applicant evaluated and found to have no condition which is considered to be administratively disqualifying. Applicant is not a danger to self or others at the present time. Returned to duty.
970307:  Applicant notified of intended recommendation for discharge by reason of Entry Level Performance and Conduct. Advised least favorable characterization of service would be Entry Level Separation.

970307:          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.
970307:  Commanding Officer or directed an uncharacterized discharge by reason of Entry Level Performance and conduct. Commanding Officer’s comments (verbatim): “SR (applicant) has been under psychiatric care since 4 March 1997. She was diagnosed with failure to adapt which makes her unsuitable for further military service. Accordingly, SR (applicant's) discharge is approved per reference (a).”

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 970314 with an uncharacterized service by reason of entry level performance and conduct (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).

The applicant introduced no decisional issues for consideration by the Board.

Although not raised as an issue, the following is information is provided for the applicant’s edification. A separation initiated while a member is in entry level status will be described as Entry Level Separation except in the following circumstances: when characterization of service as Honorable is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of naval duty and is approved on a case-by-case basis by the Secretary of the Navy. This characterization will be considered when the member is separated, by reason of Selected Changes in Service Obligation (Article 36201000, Convenience of the Government (Article 3620200 through 3620256), Disability (Article 3620270) or Best Interest of the Service (BIOTS) (3630900).

In addition to the service record, the NDRB is authorized to consider post-service factors in the recharacterization of a discharge. Those factors that, if verified, would be looked upon favorably include but are not limited to educational pursuits (transcripts, diploma, degree or technical certificate), employment performance record (letter of appreciation from employer), being a contributing member of society and making a positive impact in the community through volunteer work (letter from civic organization). The applicant must prove that his/her post-service conduct has been above reproach.

The 15 year window, during which time applicants may appeal their discharge, was established to allow time for establishing oneself in the community and for making these substantial, documented life style changes and community contributions. The applicant is reminded that she remains eligible for a personal appearance hearing, provided an application is received within 15 years from the date of discharge.

 Pertinent Regulation/Law (at time of discharge)

 A. The Naval Military Personnel Manual, (NAVPERS 15560C, Change 14, effective 03 Oct 96 until 11 Dec 97), Article 3630200, SEPARATION OF ENLISTED PERSONNEL BY REASON OF ENTRY LEVEL PERFORMANCE AND CONDUCT.

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 obtain a copy of DoD Directive 1332.28 by writing to:
                  DA Military Review Boards Agency
                  Management Information and Support Directorate
                  Armed Forces Reading Room
                  Washington, D.C. 20310-1809

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
                  Washington Navy Yard
                  720 Kennon Street SE Rm 309
                  Washington, D.C. 20374-5023     


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