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NAVY | DRB | 2001_Navy | ND01-00569
Original file (ND01-00569.rtf) Auto-classification: Denied


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

ex-SA, USN
Docket No. ND01-00569

Applicant’s Request
The application for discharge review, received 010327, 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 010928. 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 1910-130 (formerly Article 3620280).
PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. I am writing you this letter in concern for re-entry into the United States Navy. I currently have a discharge code of a RE-4, a code that will not allow me to re-enlist. My discharge was an uncharacterized Entry Level Separation and would like my level raised to an RE-1, so that I may re-enlist into the United States Navy.

I was born with Optical Neuropathy, which is optic nerve damage. This impairs my vision and only allows my sight to be correctable to 20/50 not 20/20. I had a chance to receive a waiver for this condition but refused the waiver due to marriage problems. I feel that choosing not to receive a waiver was the best thing to do and still believe it is the best decision I have made. I am no longer married and have enclosed certified divorce copies as well as some other transcripts. I have resolved my personal problems and would like to have a second chance to serve my country.

Thank you for taking a moment to read this letter and consider my current situation with this dilemma. Please feel free to contact me in any manner that best suits you, I hope to be hearing from you soon.

Sincerely, (Applicant)

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
 Commander, Patrol & Reconnaissance Force, Pacific ltr of 7 Mar 01 to the NCPB recommending upgrade of reenlistment code
Letter of Recommendation from Lummi Indian Business Council dtd Jan 15, 2001
Administrative Discharge Package (3 pages)
Applicant's Divorce Decree dtd Feb 16, 2000
Applicant's Unofficial Transcript
Applicant's High School Transcript dtd 06-23-97
Partial Medical Record (5 pages)
Applicant's Resumé

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     990805 - 991103  COG

 Period of Service Under Review :
Date of Enlistment: 991104               Date of Discharge: 000103

 Length of Service (years, months, days):

         Active: 00 02 00
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

Education Level: 13                        AFQT: Unk

 Highest Rate: SA

 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 (formerly Article 3620280).

 Chronological Listing of Significant Service Events :

 990805:  Enlistment Medical Exam: Applicant failed the FALANT, vision in both eyes20/200, correctable to 20/50. Applicant stated to medical examiner that he was born with "optic nerve impairment - ou". Applicant was termed "qualified" for enlistment.

991214:  Medical evaluation (optometry): 21 year old male. Flashes temporary over 1 week; negative decrease VA, negative curtain over vision.
         Assessment: 1 - Decease VA secondary to congenital optic neuropathy, or 2 - flashes of light without vo active pathology.
         Plan: 1 - monitor, 2 - monitor, pt educated to return to counseling ASAP if increase in # f/f/, decrease va or curtain over vision or in 1 week for follow-up.

991222:  Medical evaluation (USS TRANQUILLITY Medical Clinic, NavHosp Great Lakes): Entry Level Medical Separation for EPTE condition.
         Diagnosis: Optic Neuritis OU (inflammation of optic nerve both eyes.
         Condition not correctable to meet Navy standards. Pt did not have a waiver to come into the service with condition. Pt refused waiver.

991227:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as possible is general (under honorable conditions) by reason of convenience of the government due to physical or mental conditions as evidenced by optic neuritis.
991227:  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.

991228:  Commanding Officer, RTC, Great Lakes 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 optic neuritis.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 000103 with an uncharacterized service 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).

The applicant requested his discharge characterization be changed from Uncharacterized (Entry Level Separation) to Honorable. The applicant served two months of a four year enlistment. An Uncharacterized (Entry Level Separation) is appropriately assigned when the length of service is less than 180 days. Characterization of service is used in cases of service less than 180 days only when the service has been exceptionally meritorious or is marred by significant misconduct. Otherwise, Uncharacterized (Entry Level Separation) is assigned. The Board reviewed the applicant’s record and found the Uncharacterized (Entry Level Separation) discharge was appropriately assigned at the time of separation. Relief is not warranted.

 The applicant requested the Board change his RE Code in order to re enter the service. 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 Commander, Navy Personnel Command, Pers-814, 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 " afls10.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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