Search Decisions

Decision Text

NAVY | DRB | 1999_Navy | ND99-00751
Original file (ND99-00751.rtf) Auto-classification: Denied


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

ex-SN, USN
Docket No. ND99-00751

Applicant’s Request
The application for discharge review, received 990510, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to Convenience of the Government. The applicant requested a documentary record discharge review. The applicant listed the Collin County Veterans Services as her representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000207. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the NDRB discerned impropriety in the discharge of the applicant. The Board’s vote was unanimous that the reason for the discharge shall change. The discharge shall change to: UNCHARACTERIZED/ SECRETARIAL AUTHORITY, authority: NAVMILPERSMAN, Article 1910-154 (formerly 3630200).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. Physical problems affected my ability to serve (hurt back) this was not addressed.

2. Emotional problems did affect my ability to serve but this condition was caused by the military.

3. During my 5 ½ months service I was a good sailor and I believe that I should have been given an honorable discharge.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Letter from applicant
Character references (3)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN               000000 - 000000  HON
         Inactive: USNR (DEP)     000000 - 000000  COG

 Period of Service Under Review :
Date of Enlistment: 980330               Date of Discharge: 980911

 Length of Service (years, months, days):

         Active: 00 05 12
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 54

 Highest Rate: SN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: N/A                  Behavior: N/A             OTA: N/A

 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 1910-154 (formerly 3630200).

 Chronological Listing of Significant Service Events :

980903:  Patient Narrative Summary: Recommendation for Administrative Separation from Inpatient Psychiatry Service, Walter Reed Army Medical Center: SNM was hospitalized from 26 Aug 1998 to 03 September 1998 for evaluation of suicidal potential.
 Psychiatric Diagnoses: Axis I. Adjustment Disorder, Acute, With Depressed Mood
Axis II. Obsessive Compulsive Personality Disorder
Psychiatry strongly recommends expeditious consideration of administrative separation of SNM for unsuitability for further Naval service. This individual manifests a long-standing disorder of character and behavior which is of such severity as to interfere with adequately serving in the Navy. However, the member is not considered mentally ill and returns as psychiatrically fit for full duty, not requiring a medical board. Although not imminently suicidal or homicidal, she is a continuing risk to do harm to herself or others.
This personality disorder existed prior to enlistment and is likely to continue even beyond discharge from military service. This disorder is unresponsive to treatment that is routinely available in the United States military. Further hospitalization is not warranted at this time.
980908:  Applicant notified of intended recommendation for discharge by reason of entry level performance and conduct. Advised characterization of service authorized is Uncharacterized (Entry Level Separation).

980908:          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.
980911:  Commanding officer directed an uncharacterized discharge by reason of entry level performance and conduct.

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 980911 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 improper (C and D).

In response to applicant’s issues 1-3, the Board found there was no retention warning or record of counseling in the applicant’s file as required by regulations. Therefore, the reason for discharge, Entry Level Performance and Conduct, was improper. The discharge shall change to Uncharacterized/ Secretarial Authority.

 Pertinent Regulation/Law (at time of discharge)

 A. The Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective
12 Dec 97 until PRESENT, Article 1910-154 (Previously 3630200), Separation 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     


Similar Decisions

  • NAVY | DRB | 2003_Navy | ND03-00011

    Original file (ND03-00011.rtf) Auto-classification: Denied

    In 1998, I was discharged from the Navy based on my performance and conduct. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.980226: Applicant notified of intended recommendation for discharge by reason of entry level performance and conduct. The Applicant's service record did not contain any unusual circumstances during his 2 months and 24 days in the military to warrant a change of discharge to "honorable."

  • NAVY | DRB | 2000_Navy | ND00-00077

    Original file (ND00-00077.rtf) Auto-classification: Denied

    ND00-00077 Applicant’s Request The application for discharge review, received 991021, requested that the characterization of service on the discharge be changed to Honorable and the reason for discharge be changed to medical condition. No know medical or psychiatric reason for this service member not to be declared fit for full duty world wide as long as command accepts his reading difficulty as noted above.990720: Psychiatry ER: Impression: 1) Adjustment disorder with depressed mood, 2) v...

  • NAVY | DRB | 1999_Navy | ND99-00946

    Original file (ND99-00946.rtf) Auto-classification: Denied

    980413: Applicant notified of intended recommendation for discharge by reason of entry level performance and conduct - failure to adapt to the Military environment. 980715: CO, FLEASWTRACEN, San Diego advised BUPERS that applicant was discharged on 13 March 1998 [DD 214 states discharge date of 15 Apr 98] with an uncharacterized discharge by reason of entry level performance and conduct - failure to adapt to the military environment. The applicant’s discharge shall change to General Under...

  • NAVY | DRB | 2004_Navy | ND04-01094

    Original file (ND04-01094.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-AR, USN Docket No. The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions and change RE code. 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...

  • NAVY | DRB | 2001_Navy | ND01-01078

    Original file (ND01-01078.rtf) Auto-classification: Denied

    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 states: “(Equity Issue) This former member opines that his character of service should be upgraded to Honorable and that he should be allowed to re-enlist because the Navy informed him that this would automatically happen after six months.” The applicant served less than 180 days of active duty service. In...

  • NAVY | DRB | 2003_Navy | ND03-00968

    Original file (ND03-00968.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-PRAA, USN Docket No. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. 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.

  • NAVY | DRB | 2003_Navy | ND03-01310

    Original file (ND03-01310.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable or uncharacterized. “Dear Chairperson:After a review of the Former Service Members (FSM) DD Form 293 Application for the Review of Discharge or Dismissal from the Armed Forces of the United States and all of evidence assembled for review, we continue to note the contention of the appellant in his request for a discharge upgrade of his current Uncharacterized discharge (Entry...

  • NAVY | DRB | 2002_Navy | ND02-00724

    Original file (ND02-00724.rtf) Auto-classification: Denied

    ND02-00724 Applicant’s Request The application for discharge review, received 020425, requested that the characterization of service on the discharge be changed to honorable. (Signed by Company Commander) The best that this Recruit has to offer is not good enough for our Navy. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 010727 with an uncharacterized service by reason of entry-level performance and conduct (A).

  • NAVY | DRB | 2003_Navy | ND03-01350

    Original file (ND03-01350.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable and the reason for the discharge be changed to medical reason. The psychiatrist recommended separation based on a personality disorder of such severity as to render the Applicant incapable of serving adequately in the naval service. The summary of service clearly documents that personality disorder, was the reason the applicant was discharged.

  • NAVY | DRB | 2002_Navy | ND02-00003

    Original file (ND02-00003.rtf) Auto-classification: Denied

    My discharge was inequitable because the reason listed was "ENTRY LEVEL PERFORMANCE/CONDUCT" The applicant's behavior, attitude and conduct were always, according to his Company Commanders, very good. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Letter from Applicant PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: USN None Inactive: USNR (DEP) 930216 -...