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NAVY | DRB | 2000_Navy | ND00-00670
Original file (ND00-00670.rtf) Auto-classification: Denied


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

ex-FA, USN
Docket No. ND00-00670

Applicant’s Request
The application for discharge review, received 000502, 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 designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010313. 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/ FAILED MEDICAL/PHYSICAL PROCUREMENT STANDARDS, authority: NAVMILPERSMAN, Article 1910-130.

The NDRB did note an administrative error on the original DD Form 214. Block 25, Separation Authority, should read: “1910-130” vice “3620280”. The original DD Form 214 should be corrected or reissued as appropriate.





PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. I believe my discharge should be upgraded to honorable. I may have only been in the military for a short time, but I graduated basic training and made it to NTC where my "A" school was located. Unfortunately, because of medical issues, out of my control, I was put in to a holding unit, where I stayed for a month. I have done nothing wrong. I wanted to be in the Navy. Medical issues disqualified me from being able to stay in the Navy. Just as anyone else I did all that I could to be the best I could be. I was willing to give up what I had to be in the worlds finest Navy and I believe it would only be right if I am recognized as having an honorable discharge. Thank you for your time.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
House of Representative letter dated Apr 10, 2000 to Ms. S_ F_.
BUPERS letter to Honorable J_ B. L_ , dated Apr 4, 2000
Copy of DD Form 214 (3 copies)
Separation Authority dated Jan 12, 2000 and Notification Discharge Letter
Copy of Service and Medical Record pages (54)
Department of Veterans Affairs Ltr dtd 2 Mar 2001
Copies of applicant’s civilian medical record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     990910 - 990927  COG

 Period of Service Under Review :
Date of Enlistment: 990928               Date of Discharge: 000112

 Length of Service (years, months, days):

         Active: 00 03 15
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 13                        AFQT: 78

Highest Rate: FA

 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):

UNCHARACTERIZE/FAILED MEDICAL/PHYSICAL PROCUREMENT STANDARDS, authority: NAVMILPERSMAN, Article 1910-130. [Administratively corrected.]

 Chronological Listing of Significant Service Events :

991220:  Victory Memorial Hospital, Waukegan, IL: Bone marrow aspiration and biopsy performed. Preoperative Diagnosis: high platelet count and high white count, rule out myeloproliferative disorder, rule out essential thrombocythemia.
         Postoperative Diagnosis: High platelet count and high white count, rule out myeloproliferative disorder, rule out essential thrombocythemia.
000107:  Branch Medical Clinic, RTC, Great Lakes, IL: Entry Level Medical Separation for EPTE condition.
         Diagnosis: Thrombocytosis due to myelodysplasia (layman terms: increased platelets due to abnormal bone marrow). Bone marrow aspiration and biopsy performed to confirm the diagnosis.
000111:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service possible is general (under honorable conditions) by reason of convenience of the Government due to medical or mental condition as evidenced by increased platelets due to abnormal bone marrow.
000111:  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.

000112:  CO, RTC, Great Lakes, IL, directed the applicant's discharge with an entry level separation (uncharacterized) by reason of convenience of the Government due to physical or mental conditions as evidenced by increased platelets due to abnormal bone marrow.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 000112 with an uncharacterized (entry level separation) by reason of defective enlistment due to failure of medical/mental physical procurement standards (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’s issue states: “I believe my discharge should be upgraded to honorable. I may have only been in the military for a short time, but I graduated basic training and made it to NTC where my "A" school was located. Unfortunately, because of medical issues, out of my control, I was put in to a holding unit, where I stayed for a month. I have done nothing wrong. I wanted to be in the Navy. Medical issues disqualified me from being able to stay in the Navy. Just as anyone else I did all that I could to be the best I could be. I was willing to give up what I had to be in the worlds finest Navy and I believe it would only be right if I am recognized as having an honorable discharge. Thank you for your time.” The NDRB is sympathetic to the applicant’s issue, but due to the time in service being less than 180 days finds relief is not warranted. For the applicant’s service to be characterized as Honorable he must have served over 180 days or have such meritorious service that would warrant an honorable discharge. There is nothing in the applicant’s service record that supports an upgrade to honorable. The Board respects the applicant’s desires and demonstrated willingness to serve his country. Relief is however, not warranted.


















Pertinent Regulation/Law (at time of discharge)

 A. The Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective 12 Dec 97 until PRESENT, Article 1910-130 (formerly 3620280), Separation by Reason of Defective Enlistments and Inductions - Erroneous Enlistment .

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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