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NAVY | DRB | 2001_Navy | ND01-00183
Original file (ND01-00183.rtf) Auto-classification: Denied


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

ex-SA, USN
Docket No. ND01-00183

Applicant’s Request
The application for discharge review, received 001130, requested that the characterization of service on the discharge be changed to general/under honorable conditions. 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 010510. 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)/CONDITION, NOT A DISABILITY, authority: NAVMILPERSMAN, Article 1910-120.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. During the time I was separating from the U.S. Navy I was told repeatedly that I would be receiving a discharge that was General Under Honorable Conditions. When I received my DD214 it showed a discharge of Uncharacterized. As evidence that I should have a discharge upgraded I am sending you the "Administrative Separation Processing Notice" that states "the least favorable characterization of service possible is General Under Honorable". Uncharacterized is definitely less favorable than the General Under Honorable discharge I should have been granted.

2. I understand that an Uncharacterized discharge is given for those who were in the military under 6 months. My DD214 shows active duty of 6 months 17 days. I should not be given an Uncharacterized discharge since I was on active duty for more than 6 months.

3. I did not wish to leave the navy, but the Navy believed I was unable to perform my duties. It was not my fault that I had to leave the military. I should not penalized in the area of veterans benefits because of the Uncharacterized discharge. After talking with veterans counselors I understand that I could only receive veterans benefits if I had a General Under Honorable condition, the discharge I was promised during my out processing.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Administrative Discharge Package (2 pages)
Copy of DD Form 214
 Dane County Veterans Service Office memo of May 2, 2000 forwarded applicant's application

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     990721 - 990829  COG

 Period of Service Under Review :
Date of Enlistment: 990830               Date of Discharge: 000316

 Length of Service (years, months, days):

         Active: 00 06 17
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4 (24 months extension)

 Education Level: 12                        AFQT: 85

 Highest Rate: SA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF                  Behavior: 2.0 (1)                 OTA: 2.0 (5.0 eval)

 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)/CONDITION, NOT A DISABILITY, authority: NAVMILPERSMAN, Article 1910-120. [Administratively corrected.]

 Chronological Listing of Significant Service Events :

000127:  Admitted to Naval Hospital, Great Lakes: This is first psychiatric hospitalization for this 18 year old Seaman Apprentice with approximately five months continuous active duty……who was referred by Dr. C_ for evaluation of depressed mood and concern of self harm. Pt reported that she has experienced 2½ months of the following symptoms: depressed and anxious mood, spontaneous crying, initial insomnia, decreased appetite, decreased concentration and short term memory, decreased energy, and periods of hopelessness with intermittent suicidal ideation without plan. Pt reports that she has experienced several episodes of similar feelings since the age of four. She stated that the last time she experienced suicidal ideation was the week prior to admission and she adamantly denied having a plan. She stated that she did not want to act on her suicidal thoughts because she did not wish to do that to her family. She stated that she came to the hospital seeking help and agreed to comply with all ward rules. She reported that she enjoyed the Navy, although she was having much difficulty in school due to her present symptoms.
         Past Psychiatric History: Pt reports that she obtained psychiatric intervention at the age of four. She saw counselor for psychotherapy from the age of 4 until the age of approx 8 or 9 years. She then again sought counseling at the age of 13 when she was requesting change of custody. She stated that she has been diagnosed with depression in the past but has never been treated with medication because her father has been against that, although her mother, who is a psychiatric nurse, has urged her to take medication. Pt stated that she is intermittently suicidal when she experiences these episodes of depression, although she adamantly denied ever attempting suicide or attempting to harm herself in any way. She denied any episodes of mania.
         Assessment: AXIS I: Major Depressive Disorder.
         AXIS II: Deferred. AXIS III: None. AXIS IV: Occupational Stressors, Separation From Social Support. AXIS V: Global Assessment of Functioning - 50.
         Plan: Given this service member's obvious inability to adapt to military, as evidenced by the onset of a major mental illness, including the symptoms of depressed mood, decreased concentration and memory, and suicidal ideation, it is strongly recommended that she receive an entry level separation. If service member is allowed to remain in the service, she will likely require further psychiatric intervention and may be a risk of self harm. Medication discussed. Zoloft will be initiated at 50 mg po q day and will be increased as tolerated and as indicated.

000128:  Released from the Naval Hospital.
000215:  Applicant notified of intended recommendation for discharge by reason of Convenience of the Government due to other designated mental condition. Advised the least favorable characterization of service possible is general (under honorable conditions.
000215:  Applicant advised of her 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.

000222:  CO, SSC, Great Lakes advised COMNAVPERSCOM that applicant was discharged locally on 16 Mar 2000with a discharge characterized as Entry Level Separation based on other designated mental conditions.

000224:  Applicant advised of adverse performance evaluation report and given the right to submit a statement.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 000316 with an uncharacterized service (entry level separation) for convenience of the Government due to 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: “During the time I was separating from the U.S. Navy I was told repeatedly that I would be receiving a discharge that was General Under Honorable Conditions. When I received my DD214 it showed a discharge of Uncharacterized. As evidence that I should have a discharge upgraded I am sending you the "Administrative Separation Processing Notice" that states "the least favorable characterization of service possible is General Under Honorable". Uncharacterized is definitely less favorable than the General Under Honorable discharge I should have been granted.” An Uncharacterized Entry Level Separation is assigned to members in entry level status (serving less than 180 days at the time separation is initiated). The applicant had served five months and fifteen days at the time her separation was initiated. Relief is not warranted.

The applicant’s second issue states: “I understand that an Uncharacterized discharge is given for those who were in the military under 6 months. My DD214 shows active duty of 6 months 17 days. I should not be given an Uncharacterized discharge since I was on active duty for more than 6 months.” The Uncharacterized discharge is assigned when separation is initiated prior to 180 days. The record shows the applicant’s discharge processing began after five months and fifteen days of service. The time of service listed on the DD-214 is not used for assignment of character of service. Relief is not warranted.

The applicant’s third issue states: “I did not wish to leave the navy, but the Navy believed I was unable to perform my duties. It was not my fault that I had to leave the military. I should not penalized in the area of veterans benefits because of the Uncharacterized discharge. After talking with veterans counselors I understand that I could only receive veterans benefits if I had a General Under Honorable condition, the discharge I was promised during my out processing.” The NDRB reviewed the applicant’s discharge and found no impropriety, inequity, or irregularity. The applicant was not promised a general discharge but was guaranteed the least favorable would be General Under Honorable Conditions. An Uncharacterized Entry Level Separation simply states the applicant’s separation was initiated prior to 180 days of active service, and the service was not long enough for an accurate characterization. The applicant stated she wants a change in character of service in order to secure VA benefits. The NDRB is authorized to change discharges based on issues of propriety and equity. The Board did not find the applicant’s issue regarding VA benefits decisional. Relief is not warranted.

 Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 24, effective
20 May 99 until Present, 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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