Search Decisions

Decision Text

NAVY | DRB | 2001_Navy | ND01-00991
Original file (ND01-00991.rtf) Auto-classification: Denied


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


ex-SA, USN
Docket No. ND01-00991

Applicant’s Request
The application for discharge review, received 010727, 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 020221. 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/Entry level performance/conduct, authority: NAVMILPERSMAN, Article 3630200.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues

 1. When I was 18 years old, I decided to join the Navy to obtain money to attend college. It was a six year enlistment as an electronics warfare technician. About two weeks from graduation from boot camp, I discovered that the navy was not for me. I knew that I had made a mistake - and that I wanted to go to college instead. I informed my D.I. about my decision and he hold me to think about it for a day. The next day came and my mind wasn't changed. He told me to give it another. "I will bet better" he said. Well, this happened three days in a row. I felt trapped and in an act of stupidity, I told my peers that I had taken a bunch of pills that a guy in our company had. I didn't really take the pills, but I was that desperate to get out. Well, this action worked, and I spent the night at the hospital drinking activated charcoal and puking my guts out. I went on to get a Bachelor's of Science in medical technology and more recently a B.S. in nursing. I am very happy today and have experienced nothing but success since my mishap in the Navy. I have numerous references to give you recommendations about me, at your request. I would like to reenlist as an R.N. Please consider this request remembering that I was 19 years old when I made these mistakes. I am now 30 years old and I feel that I have a lot of leadership & expertise to offer. Thank you for your consideration. Signed (Applicant)
Documentation
Only the applicant's service and medical records were reviewed as the applicant did not provide additional documentation for the Board to consider.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
          Inactive: USNR (DEP)     890315 - 890717  COG

 Period of Service Under Review :
Date of Enlistment: 890718               Date of Discharge: 890927

 Length of Service (years, months, days):
         Active: 00 02 10
          Inactive: None
Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 85
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

 *No Marks Found in service record.
Character, Narrative Reason, and Authority of Discharge (at time of issuance):

ENTRY LEVEL SEPARATION/Entry level performance/conduct; authority: NAVMILPERSMAN, Article 3630200.

 Chronological Listing of Significant Service Events :

890828:  Clinical Psychologist: This 18 year old single, Caucasian, male recruit on 5-2 DOT was seen at Recruit Evaluation Unit at 0730 on 28AUG89 upon referral from Male Recruit Sick Call because of a history of claustrophobia………He enlisted because he wants to be able to marry and support a family. He feels uncomfortable in crowds of people such as sporting events and malls. He relates difficulty traveling by air. Past psychiatric history as reported by recruit is essentially negative. He reports that he told recruiter about this and was advised it is not that big of a problem, don't worry about it. There is no entry onSF-93 reflecting a psychiatric history. He did not receive a waiver.
          MENTAL STATUS EXAM revealed an alert, oriented male recruit. No evidence of thought disorder……Sleep is disturbed by "feeling tense and closed in". Mood was depressed with tearful affect. Recruit is not psychotic at this time, no evidence of suicide ideations………….He states that he was closed in his sleeping bag as a child. He began to panic and his father pulled him out. States he would like to stay in the Navy, but has a problem with closed in spaces and large crowds. He is ambivalent about further service and desires to be separated from the Navy. Does appear to have a problem with closed in spaces and crowds of people. Doubt he will be able to function in most Navy rates.
 IMPRESSION: Adjustment disorder, moderate to severe, manifested by depressed mood and difficulty adapting to training, possible panic disorder with agoraphobia. Further retention in the Navy will result in increasing stress which could cause a potential psychiatric hospitalization.
RECOMMENDATION: Recruit be sent to separations for Entry Level Separation. Suggest separation be expedited.
890914:  Retention Warning: Applicant advised of deficiency in conduct evidenced by failure to adapt to the military environment. Corrective actions identified. Sources of assistance included. Advised: further deficiencies may result in disciplinary action and administrative separation. All deficiencies during current enlistment will be considered. Subsequent violations of the UCMJ or conduct resulting in civilian conviction could result in separation under other than honorable conditions. Receipt acknowledged.

890910:  Recruit Administrative Remarks: Recruit expresses desires to stay in and get out of the Navy on a roller coaster basis. The recruit's claustrophobia is causing severe adjustment problems contrary to training. Recruit now expresses a reliance on availability of psych care at future duty stations. CC counsels and tells recruit he must make up his made whether he wants to stay in or get out. Recruit refuses to listen to CC/other CC's information regarding how large/small his future work space is. Recruit expresses a desire to change rated to CT "A" in hopes that the work space will be larger. When told that wasn't true he walks away saying he understand but is back again later the same day with the same comments/anger. Recruit is becoming totally demanding on his CC's.
890915:  Applicant notified of intended recommendation for discharge by reason of entry level performance and conduct. Advised least favorable characterization of service is Entry Level Separation.
890915:  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. Applicant did not object to the discharge.
890920:  Commanding Officer, RTC, Orlando, FL advised CNMPC that applicant's discharge was directed with an entry level separation by reason of entry level performance/conduct. Commanding officer’s comments (verbatim): "SA (Applicant) has been counseled concerning noted deficiencies, but the recruit continues to demonstrate a failure to adapt to the military environment. In view of the minimal potential for future productive naval service, Entry Level Separation is directed."

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 890914 with an entry level separation by reason of entry level performance/conduct (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).
Issue 1. The Board found the applicant was discharged by reason of entry level performance as evidenced by his medical diagnosis of claustrophobia, an adjustment disorder, and adverse counseling from his chain of command. The applicant’s discharge characterization accurately reflects his service to his country. The discharge was proper and equitable. Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question. No such error or injustice occurred during the applicant’s enlistment. Additionally, there is no law, or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in civilian life, subsequent to leaving the service.

Concerning a change in reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces. A request for waiver is normally done only during the processing of a formal application for enlistment through a recruiter. Relief is therefore denied.

The applicant is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge. The applicant can provide additional documentation to support any claims of post-service accomplishments at that time. Legal representation at a personal appearance hearing is highly recommended but not required. Relief denied.


Pertinent Regulation/Law (at time of discharge)
A. Naval Military Personnel Manual, (NAVPERS 15560A), 15 June 1987 until
14 Aug 91, Article 3630200, SEPARATION OF ENLISTED PERSONNEL BY REASON OF ENTRY LEVEL PERFORMANCE CONDUCT
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

Similar Decisions

  • NAVY | DRB | 2001_Navy | ND01-01087

    Original file (ND01-01087.rtf) Auto-classification: Denied

    My DD 214 form states my discharge as being uncharacterized and I am requesting that it be changed to show as being an Honorable Discharge. The Board found that a characterization of service of Entry Level Separation was warranted in this case, as the applicant was processed for separation prior to serving six months on active duty. 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...

  • NAVY | DRB | 2002_Navy | ND02-01230

    Original file (ND02-01230.rtf) Auto-classification: Denied

    Therefore, the discharge should be changed to “general/Under Honorable Conditions” as the discharge was related to a medical condition.After a review of the Former Service Members (FSM) DD Form 293 Application for the Review of Discharge or Dismissal from the Armed Forces of the United States and all the evidence assembled for review, we continue to note the contention of the appellant in his request for a discharge upgrade of his current Entry Level Separation to that of General, Under...

  • NAVY | DRB | 2005_Navy | ND0501199

    Original file (ND0501199.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Daughter’s Birth Certificate Statement from Applicant Applicant’s DD Form 214 (2) PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USNR (DEP) 19980325 – 19980624 COG Active: None Period of Service Under Review :Date of Enlistment: 19980625 Date of Discharge: 20000712 Length of Service (years, months,...

  • NAVY | DRB | 1999_Navy | ND99-00271

    Original file (ND99-00271.rtf) Auto-classification: Denied

    His potential for further useful service to the United States Navy was assessed as inadequate and the applicant was recommended for separation based on Entry Level Performance.960710: Retention Warning: Applicant advised of deficiency in conduct as evidenced by failure to adapt to the military environment. In my opinion, he has no potential for future active Naval service; therefore, I have directed that he be discharged by reason of Entry Level Performance and Conduct.” PART III –...

  • NAVY | DRB | 2004_Navy | ND04-01094

    Original file (ND04-01094.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-AR, USN Docket No. The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions and change RE code. 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...

  • NAVY | DRB | 1999_Navy | ND99-00946

    Original file (ND99-00946.rtf) Auto-classification: Denied

    980413: Applicant notified of intended recommendation for discharge by reason of entry level performance and conduct - failure to adapt to the Military environment. 980715: CO, FLEASWTRACEN, San Diego advised BUPERS that applicant was discharged on 13 March 1998 [DD 214 states discharge date of 15 Apr 98] with an uncharacterized discharge by reason of entry level performance and conduct - failure to adapt to the military environment. The applicant’s discharge shall change to General Under...

  • NAVY | DRB | 2000_Navy | ND00-00077

    Original file (ND00-00077.rtf) Auto-classification: Denied

    ND00-00077 Applicant’s Request The application for discharge review, received 991021, requested that the characterization of service on the discharge be changed to Honorable and the reason for discharge be changed to medical condition. No know medical or psychiatric reason for this service member not to be declared fit for full duty world wide as long as command accepts his reading difficulty as noted above.990720: Psychiatry ER: Impression: 1) Adjustment disorder with depressed mood, 2) v...

  • NAVY | DRB | 1999_Navy | ND99-00021

    Original file (ND99-00021.rtf) Auto-classification: Denied

    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 (D and E).In the applicant’s issue 1, the Board found this issue to be without merit. In the applicant’s issues 2 and 3, the Board found these issues to be without merit. You may obtain a copy of DoD Directive 1332.28 by writing to: DA Military Review Boards Agency Management Information and Support Directorate Armed Forces...

  • NAVY | DRB | 2002_Navy | ND02-00724

    Original file (ND02-00724.rtf) Auto-classification: Denied

    ND02-00724 Applicant’s Request The application for discharge review, received 020425, requested that the characterization of service on the discharge be changed to honorable. (Signed by Company Commander) The best that this Recruit has to offer is not good enough for our Navy. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 010727 with an uncharacterized service by reason of entry-level performance and conduct (A).

  • NAVY | DRB | 2003_Navy | ND03-00858

    Original file (ND03-00858.rtf) Auto-classification: Denied

    The FSM served on active service from January 5, 1989 to March 1, 1989 at which time he was discharged due to Entry Level Performance/Conduct. (f) (1).As the representative, we ask that consideration be given to equitable relief, as this is a matter that involves a determination whether a discharge should be changed under the equity standards, to include any issue upon which the Applicant submits to the Board’s discretionary authority, under SECNAVIST 5420.174C. Advised least favorable...