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NAVY | DRB | 2000_Navy | ND00-00932
Original file (ND00-00932.rtf) Auto-classification: Denied


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

ex-SA, USN
Docket No. ND00-00932

Applicant’s Request
The application for discharge review, received 000719, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. The applicant listed DISABLED AMERICAN VETERANS as his representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010201. 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: ENTRY LEVEL SEPARATION/CONDITION, NOT A DISABILITY, authority: NAVMILPERSMAN, Article 1910-120 (formerly 3620200).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. No character of service was given on my discharge.

2. I also request a change of reentry code base upon my this review.

3. (DAVE ISSUE) After review of the Former Service Member (FSM) DD Form 293 Application for the Review of Discharge or Dismissal from the Armed Forces of the United States and all of the evidence assembled for review, we continue to support the corrective action as requested by the FSM of an upgrade of his Entry Level Separation to Honorable, and change of the RE Code of RE 3G to an RE-1 or RE-2.

4. The record reflect that after serving approximately 128 days of active military service the FSM was discharged by means of Entry Level Separation, with the narrative reason of personality disorder.

5. Although he was discharge due to the incurrence of the personality disorder, he did complete 128 days of active duty without involvement of any non-judicial punishment. Based on this we ask that clemency be considered in this particular case and issue. The FSM was recommended for this discharge based on a medical examination and not due to or as a basic any punishment.

6. We ask the Boards careful and sympathetic consideration of all the evidence of record used in rendering a fair and impartial decision. These issues do not supersede any issues previously submitted by the applicant.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copies of DD Form 214 (2)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     981019 - 981027  COG

 Period of Service Under Review :
Date of Enlistment: 981028               Date of Discharge: 990301

 Length of Service (years, months, days):

         Active: 00 04 04
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 64

 Highest Rate: SA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMA                  Behavior: NMA             OTA: NMA

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: None

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

ENTRY LEVEL SEPARATION/CONDITION, NOT A DISABILITY, authority: NAVMILPERSMAN, Article 1910-120 (formerly 3620200).

 Chronological Listing of Significant Service Events :

990225:  Psychiatric Evaluation: Applicant diagnosed with Adjustment Disorder with Depressed Mood and Antisocial Personality. The psychiatrist recommended entry level separation secondary to "a failure to adapt" to military and less than 180 days in the Navy. It is highly likely that his current clinical presentation will continue and/or become exacerbated with continued service. His personality significantly contributes to his unhappiness with being in the Navy. Although FMHU will attempt to provide the patient with multiple treatment intervention (individual therapy and group therapies), the patient states he does not believe that these will make a difference and consequently continue to state that he "wants out" and "want to go home".

990301:  Applicant notified of intended recommendation for discharge general (under honorable conditions) by reason of convenience of the government on the basis of a diagnosed personality disorder.
990301:  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.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 990301 with an entry level separation for convenience of the government on the basis of a condition, not a disability. (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 first issue states: “No character of service was given on my discharge.” Since the applicant’s service was less than 180 days, and entry level separation is warranted. The Board found this issue without merit. Relief is not warranted.

 The applicant’s second issue states: “I also request a change of reentry code base upon my this review.” Concerning a change in reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reentry into the naval service or any other of the Armed Forces. The NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy or Marine Corps. Neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to reenlistment. A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter. Relief, is therefore, denied.

The applicant’s third issue states: “(DAVE ISSUE) After review of the Former Service Member (FSM) DD Form 293 Application for the Review of Discharge or Dismissal from the Armed Forces of the United States and all of the evidence assembled for review, we continue to support the corrective action as requested by the FSM of an upgrade of his Entry Level Separation to Honorable, and change of the RE Code of RE 3G to an RE-1 or RE-2. The record reflect that after serving approximately 128 days of active military service the FSM was discharged by means of Entry Level Separation, with the narrative reason of personality disorder. Although he was discharge due to the incurrence of the personality disorder, he did complete 128 days of active duty without involvement of any non-judicial punishment. Based on this we ask that clemency be considered in this particular case and issue. The FSM was recommended for this discharge based on a medical examination and not due to or as a basic any punishment.” The NDRB found that due to the applicant’s length of service being less than 180 days, the discharge of entry level separation most accurately describes his service. The applicant’s service was not so meritorious as to warrant a characterization of honorable. Request for RE Code change is discussed in issue two. Relief is not warranted.



Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective
12 Dec 97 until 19 May 99, Article 1910-120 (formerly 3620200), SEPARATION BY REASON OF CONVENIENCE OF THE GOVERNMENT - PHYSICAL OR MENTAL CONDITIONS.

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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