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NAVY | DRB | 1999_Navy | ND99-00271
Original file (ND99-00271.rtf) Auto-classification: Denied


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

ex-SA, USN
Docket No. ND99-00271

Applicant’s Request
The application for discharge review, received 981214, 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 990816. 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 LEVEL PERFORMANCE AND CONDUCT, authority: NAVMILPERSMAN, Article 3630200.






PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1.       “I enlisted in the U. S. Navy on March 10, 1996 and went to Great Lakes on Chicago
 for basic training and then to Memphis, TN for A school. At the time of enlistment, I was caring for my fiance and daughter (only three months old) and was unable to meet my financial obligations, as the only source of my income was military pay. As a result, I became anxious and wasn’t able to perform any chosen endeavor with normal concentration.”

2.       “Aware that my problem(s) were significantly impacting my job performance and
 personal life in a negative manner, I sought counseling. The counselor told me he couldn’t do much for me and that not being married made it more difficult, ruling out options that would have otherwise been available. I then went in for a psychiatric evaluation and told the Lieutenant that I needed to be discharged from the Navy. Six months later, I was out.”

3.       “After returning home, I was employed (and am presently) by Stater Bros. Market. I
 am now married with two children. I am requesting consideration for re-enlistment in the Navy because it has always been my life’s ambition to serve my country in the military.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Character reference from Mr. M. C. N_, dated 981101.
Character reference from Mr. E. J. V_, undated.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: None

 Period of Service Under Review :
Date of Enlistment: 960311               Date of Discharge: 960830

 Length of Service (years, months, days):

         Active: 00 05 20
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 36

 Highest Rate: SA
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: 0

 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 :

960703:  Applicant diagnosed by Naval Hospital, Millington, TN, Outpatient Mental Health Clinic (first evaluation), to suffer from an adjustment disorder, as evidenced by his failure to adapt to the military environment. His potential for further useful service to the United States Navy was assessed as inadequate and the applicant was recommended for separation based on Entry Level Performance.
960710:  Retention Warning: Applicant advised of deficiency in conduct as evidenced by failure to adapt to the military environment. Corrective actions identified. Sources of assistance included. Advised: Further deficiencies may result in disciplinary action and administrative separation. All deficiencies during current enlistment will be considered. Subsequent violations of the UCMJ or conduct resulting in civilian conviction could result in separation under other than honorable conditions. Receipt acknowledged.

960806:  Applicant diagnosed by Naval Hospital, Millington, TN (second evaluation) to continue to suffer from an adjustment disorder, as evidenced by his failure to adapt to the military environment. His potential for further useful service to the United States Navy was assessed as inadequate and he was again recommended for separation based on entry level Performance.
960815:  Page 13 entry: Applicant notified he was being processed for administrative separation from the Naval service.


960815:  Applicant notified of intended recommendation for discharge by reason of Entry Level Performance and Conduct. Advised, least favorable characterization of service would be General (under honorable conditions).

960815:  Applicant advised of his 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.
960830:  Commanding officer directed an Uncharacterized Discharge by reason of Entry Level Performance and Conduct. Commanding officer’s comments (verbatim): “Airman Recruit (AR) M_ was diagnosed by medical authorities as having an adjustment disorder and has failed to adapt to the military environment. His potential for future active useful service in the United States Navy is considered inadequate. He received a page 13 counseling/warning on 10 July 1996 and was seen again by medical authorities on 6 August 1996. In their opinion, he continues to suffer from the adjustment disorder with continued failure to adapt to the military environment. In my opinion, he has no potential for future active Naval service; therefore, I have directed that he be discharged by reason of Entry Level Performance and Conduct.”
PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 960830 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).

In the applicant’s issues 1, 2 and 3, the Board found nothing in the records, nor did the applicant provide anything to indicate or to show that there exists an error of fact, law, procedure or discretion associated with his discharge at the time of its issuance. Nor were his rights prejudiced thereby. Furthermore, there has been no change in policy by the Navy or higher authority, made expressly retroactive to the type of discharge received by the applicant. Therefore, relief is not warranted.

Although not raised as an issue, the following is provided for the applicant’s edification. In addition to the service record, the NDRB is authorized to consider post-service factors in the recharacterization of a discharge (F, Part IV). While it is true the applicant cannot go back and undo his prior mistakes, he does have the opportunity to contribute in a positive way to society and warrant clemency. Those contributions that would be looked upon favorably by this board include educational pursuits, employment performance record, being a contributing member of society and making a positive impact on the community through volunteer work. The applicant must prove that his post-service conduct has been above reproach and he is making a valid attempt to make amends for the misconduct he committed during the period of service under review.

The 15 year window during which applicants may appeal their discharges 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 he remains eligible for a personal appearance hearing provided that an application is received within 15 years from the date of discharge.

Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 5, effective
05 Mar 93 until 2 Oct 96, Article 3630200, SEPARATION OF ENLISTED PERSONNEL BY REASON OF ENTRY LEVEL PERFORMANCE 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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