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NAVY | DRB | 2001_Navy | ND01-00106
Original file (ND01-00106.rtf) Auto-classification: Denied


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

ex-SN, USN
Docket No. ND01-00106

Applicant’s Request
The application for discharge review, received 001030, requested that the characterization of service on the discharge be changed to honorable and reenlistment code be changed. 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 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)/FAILED MEDICAL/PHYSICAL PROCUREMENT STANDARDS, authority: NAVMILPERSMAN, Article 3620280.

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PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. I C_ T_ J_ (Applicant), am writing this letter to request a change in my discharge code. I Enlisted into the United States Navy on September 23, 1998.

Documentation
Copy of DD Form 214 (2 copies)
Post-service medical record (37 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     980928 - 990726  COG

 Period of Service Under Review :
Date of Enlistment: 990727               Date of Discharge: 991102

 Length of Service (years, months, days):

         Active: 00 03 06
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 66

 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)/FAILED MEDICAL/ PHYSICAL PROCUREMENT STANDARDS, authority: NAVMILPERSMAN, Article 1910-130 [administratively corrected]
 Chronological Listing of Significant Service Events :

990726:  Enlistment waiver for physical standard due to severe Pes Planus, Asymptomatic, approved by CNRC 98SEP28.
990819:  NAVHOSP GLakes, IL: 18 year old female complains of knee pain. Pain location is medial/ant and made worse by activity. Has not had medical treatment.
         Assessment: Patellofemoral Arteralgia.
990830:  NAVHOSP GLakes, IL: Follow-up for flat feet. Pt relates the issues are not fitting into boots.
         Assessment: Pes Planus

990928:  NAVHOSP GLakes, IL: 18 year old female failed battle station due to right lateral hip pain.
         Assessment: Significant Pes Planus, Asx.
991004:  Sports Med: 18 year old black female - did not pass battle station. Complains of both LE arteralgia for two months. Passed PT. Pain in lateral hips, knees, angles, feet. NDW mostly knees.
         Diagnosis: Pes Planus - EPTE.

991007:  USS TRANQUILLITY Medical Clinic, Naval Hospital, Great Lakes, IL: ELMS for EPTE Condition. Diagnosis - Pes Planus, Unresponsive to Therapy (Flat feet with resulting leg pain). Pt did have a waiver to come into the service with condition. Applicant statement: "I am being sent home due to my flat feet causing me leg problems. I have trained to the best o my ability, but I am unable to go on. I was not aware that my feet would cause this many problems. I never had problems with my knee before training. This separation, I feel, is the best option at this time.

991015:  Applicant notified of intended recommendation for discharge with the least characterization of service as general (under honorable conditions) by reason of convenience of the government due to physical or mental conditions as evidenced by pes planus.
991018:  Applicant advised of her rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

991021:  CO, RTC, GLakes, IL, directed the applicant's discharge with an uncharacterized service (entry level separation) by reason of convenience of the Government due to physical or mental conditions as evidenced by pes planus unresponsive to therapy.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 991102 with an uncharacterized service (entry level separation) due to failed medical/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).

 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. Reenlistment policy of the naval service is promulgated by the Bureau of Naval Personnel, Pers-282, 5720 Integrity Drive, Millington, TN 38055. 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.


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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