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NAVY | DRB | 2000_Navy | ND00-00902
Original file (ND00-00902.rtf) Auto-classification: Denied


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

ex-SN, USN
Docket No. ND00-00902

Applicant’s Request
The application for discharge review, received 000717, 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. Subsequent to the application, the applicant obtained representation by the Veterans of Foreign Wars.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010406. 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 SEPARATION)/DISABILITY, OTHER, authority: NAVMILPERSMAN, Article 1910-168.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. I am requesting that my discharge be changed to Honorable because, my discharge was the result of a inservice injury at the end of Boot Camp. Following the injury I was held in Med Hold until 5 days till rushed off base and sent home for discharge even without orders. I was told to report to the recruiter officer when I got home, which I did. That office reported me A.W.O.L. because I was with out orders.

2. I am with a 20% disability now, and my DD214 is keeping me from many jobs. The employers have told me that a Uncharacterized is the same as Dis-Honorable and will not hire me. I have also been denied VA vocational opportunities because of the Dis-Ability.

3. I feel that I should not be condemned because of a injury in the Service. At the time, I wanted to continue in the service but was denied that choice because of the type of injury also.

Submitted by VFW:

4. We ask in accordance with Department of Defense Directive Number 1332.28 E4.3 EQUITY. In the course of a discharge review, it is determined that relief is warranted based upon consideration of the applicant's service record and other evidence presented to the DRB viewed in conjunction with the factors listed in this subparagraph and the regulations under which the applicant was discharged, even though the discharge was determined to have been otherwise equitable and proper at the time of issuance. Areas of consideration include, but are not limited to: E4.3.3.1 Quality of service, as evidenced by factors such as:
E3.1.3.1 Character of discharge . Block 7 of DD Form 293 provides an applicant an opportunity to request a specific change in character of discharge (for example, General Discharge to Honorable discharge; Other than Honorable Discharge to General or Honorable Discharge). Only a person separated on or after 1 October 1982 while in a entry level status may request for review from an applicant who does not have an Honorable Discharge shall be treated as a request for a change to an Honorable Discharge unless he applicant requests a specific change to another character of discharge. The applicant wishes to have Personality Disorder erased as the reason of discharge.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Bibb County Public Schools Letter of Recommendation for applicant's Enlistment as and E-3 dtd 24 Feb 1999
Applicant's Birth Certificate
Applicant's Central High School Diploma dtd August 1998
Duplicate copy of Applicant's Social Security Card
Applicant's Travel Certificate Separation Without Orders dtd 17 Aug 1999
 Copy of DD Form 214
Supervisor, Recruit Separations ltr of Aug 19, 1999 to Applicant
Applicant's Medical Board of 4 Jun 1999 (4 pages)
BCNR ltr to Applicant dtd Jun 27, 2000
Applicant's BCNR application dtd Jan 2000
 DVA Decision dtd Oct 25, 1999 concerning applicant's compensation claim (3 pages)
DVA Decision dtd Aug 2_, 2000 concerning applicant's disability rating (2 pages)
Copy of Applicant's military medical record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     990211 - 990223  COG

 Period of Service Under Review :
Date of Enlistment: 990224               Date of Discharge: 990819

 Length of Service (years, months, days):

         Active: 00 05 26
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

Education Level: 12                        AFQT: 54

 Highest Rate: SN

 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 SEPARATION)/DISABILITY, OTHER, authority: NAVMILPERSMAN, Article 1910-168.

Chronological Listing of Significant Service Events :


990604:  Medical Board conducted at Naval Hospital Great Lakes: Applicant diagnosed with "Right Femoral Neck Stress Fracture" and recommended referral to the Physical Evaluation Board (PEB). Applicant accepted the findings of the medical Board.

990719:  PEB Findings: Unfit, to be separated from active duty with severance pay with a disability rating of 10%.

990722:  Applicant accepted findings of the PEB.

990812:  Applicant issued Orders to Home to Await Disability Retirement.

990819:  PEB requested CNMPC to effect applicant discharge due to a physical disability.

990819:  CNMPC directed the applicant's discharge by reason of physical disability and advised that members with less than six months active duty are not entitled to severance pay.

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 990819 with an uncharacterized (entry level separation) discharge due to physical disability, other (not entitled to severance pay) (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 response to applicant’s issues 1-3, the Board found that the applicant served less than 180 days active duty. For servicemembers with less than 180 days active duty, only an uncharacterized (entry level separation) discharge is warranted. In addition, the Board does not see how the applicant could be “condemned” for having an uncharacterized discharge. An uncharacterized discharge is not an adverse discharge such as an other than honorable or bad conduct discharge and should not have an effect on the applicant’s employment. The Board will not grant relief concerning these issues.

In response to the applicant’s representatives issue 4, the reason for the applicant’s discharge was for a physical disability not a ‘personality disorder’ as stated by the applicant’s representative. Once again, the only characterization of discharge warranted by the applicant is uncharacterized. Relief denied.

 Pertinent Regulation/Law (at time of discharge)

 A. The Naval Military Personnel Manual, (NAVPERS 15560C), Change18, effective 12 Dec 97 to Present, Article 1910-168 (previously 3620270), Separation by Reason of Physical Disability.

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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