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NAVY | DRB | 2000_Navy | ND00-00077
Original file (ND00-00077.rtf) Auto-classification: Denied


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

ex-HTFA, USN
Docket No. 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. The applicant requested a personal appearance before the board in the Washington National Capital Region. The applicant listed the American Legion as his representative on the DD Form 293.

Decision

A documentary discharge record review was conducted on conducted in Washington, D.C. on 000711. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned the applicant’s discharge was improper. The Board’s vote was unanimous that the character of the discharge shall change to: HONORABLE/SECRETARIAL AUTHORITY, authority: NAVMILPERSMAN, Article 3630900.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. Review of discharge-No reason for uncharacterized discharge as I went through basic and completed my A-1 schooling and was at my permanent duty station. I was told by my command that I would be receiving a general under honorable conditions.

2. I was in service over 180 days and I need my discharge upgraded to receive benefits.

3. I injured my right shoulder while in basic training.


 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214 (2 copies)
Copy of attending physician statement dated September 16, 1999
Forty-five pages from applicant's medical record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     981110 - 990119  COG

 Period of Service Under Review :
Date of Enlistment: 990120               Date of Discharge: 990723

 Length of Service (years, months, days):

         Active: 00 06 04
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

 Education Level: 12                        AFQT: 51

 Highest Rate: HTFA

 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

 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 :

990422:  Mental Health Department: Descriptive Diagnoses: Axis I: Learning disorder NOS, 315.90 EPTE. Axis II: No diagnosis V71.09. Axis III: No known medical problems. Axis IV: Occupational stresses. Axis V: Global assessment of functioning: 63.
990602:  Physical Therapy: Complaint of right shoulder popping out with push ups, or quick movements. No history of dislocation. A: S/S appears consistent with supraspinatus strain. P: Patient educated to exercises in pain free ROM. HEP follow up PRN.
990610:  Branch Medical Clinic: A: Right shoulder tendentious. P: Pt given printed shoulder exercises and discussed the importance of the exercise. Pt has an appointment with physical therapy on 6-17-99. Pt remains on light limited duty....
990624:  Mental Health Clinic: Recommend examine this service member very closely. His congenital learning disability is quite specific - he has decreased working memory and decreased processing speed.
         He has growing pre-Navy recommendations re his technical skills. The problem is that it takes him long hours to digest written materials. He reads at the 4 th grade level. No definite personality disorder; No formal thought disorder. Some difficulty formulating inner anger and wants/desires. 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 occupational problem. P: 1) Return to parent command, 2) Recommend Entry Level Separation based on an Adjustment Disorder. Member is poorly motivated for continued naval service, 3) F/U with Dr. C_ on 10Aug99 at 0800, 4) Recommend Navy Family Services for individual counseling, 5) Member understands and agrees that he is to immediately contact his medical department, go to ER or call 911 if he becomes suicidal or homicidal, 6) Plan was discussed with the patient and Dr. E_ (staff psychiatrist), 7) P.0.C. at NMCP is Dr. C_.
990721:  Retention Warning: Advised of deficiency (Poorly motivated for continued service.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

990721:  Applicant notified of intended recommendation for discharge by reason of Personality disorder. Advised least favorable characterization of service would be General (under Honorable conditions).

990721:          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.
990723:  Commanding officer directed a General (under Honorable conditions) by reason of Personality disorder.

000418:  Letter from Commanding Officer, USS PORTLAND (LSD 37) to Discharge Review Board stating the applicant was discharged from USS PORTLAND (LSD 37) on 23Jul99. Reason for separation was Entry Level Performance and Conduct (UNCHARACTERIZED). The applicant’s DD form DD 214 confirms the type discharge stated above.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 990723 with an Uncharacterized discharge 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). Navy policy clearly states that members may be separated for Entry Level Performance and Conduct when in an entry level status (i.e., within first 180 days of continuous active duty on the date of notification of administrative separation processing) . The date the applicant received notification that he was being processed for administrative separation, was 182 days from the beginning of his active duty enlistment. The applicant completed Boot Camp, finished his A school and was attached to his first permanent duty command, the USS PORTLAND. Therefore, the applicant did not qualify for separation by reason of Entry Level Performance and Conduct/UNCHARACTERIZED. A further complication of the discharge process was, the Commanding Officer’s letter to the applicant stated he was being considered for administrative separation by reason of Personality Disorder and that the least favorable characterization of service would be General (under Honorable conditions). The Commanding Officer’s recommendation to the Chief of Naval Personnel states the applicant received a General (under Honorable conditions) discharge, by reason of Personality disorder. Both correspondences were incorrect. The discharge process contained multiple errors. The applicant is deserving of relief and is granted an Honorable discharge and the reason shall be changed to Secretarial Authority. The NDRB has no authority to change the reason for discharge from a non-medical reason to a medical reason. Additionally, the applicant’s record shows, his learning disability Existed Prior To Enlistment (EPTE). If the applicant wishes to pursue this issue, it must be presented to the Board of Correction of Naval Records (BCRN). Relief granted.

In the applicant’s issues 1 and 2, the Board determined the applicant is entitled to relief, based on these issues. The applicant states he went through basic, completed his A-1 school, had checked into his permanent duty station and had exceeded 180 days active duty. He was told he would receive a General (under Honorable conditions) discharge. Although, an Entry Level Separation (ELS) is a better classification of discharge than a General (under Honorable conditions), the applicant did not qualify for the ELS. The discharge was improper. Relief is granted.

In the applicant’s issue 2, the Board determined this issue is without merit. The applicant states, he injured his right shoulder while in basic training. This issue has no bearing on the applicant’s discharge. He was processed for Personality Disorder and not for a shoulder injury. Personality disorder is not ratable for medical benefits and does not qualify the applicant for a medical discharge. Relief denied.
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 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      


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