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NAVY | DRB | 2001_Navy | ND01-01078
Original file (ND01-01078.rtf) Auto-classification: Denied


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

ex-FR, USN
Docket No. ND01-01078

Applicant’s Request
The application for discharge review, received 010814, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a personal appearance hearing before a traveling panel closest to Chicago, IL. The applicant listed the American Legion as the representative on the DD Form 293. In the acknowledgement letter to the applicant, he was informed that the Naval Discharge Review Board (NDRB) does not travel; all hearings are held in the Washington DC area. The NDRB also advised that the board first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 020328. 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 PERFORMANCE AND CONDUCT, authority: NAVMILPERSMAN, Article 1910-154 (formerly 3630200).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. (Equity Issue) This former member opines that his character of service should be upgraded to Honorable and that he should be allowed to re-enlist because the Navy informed him that this would automatically happen after six months.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Character/job reference dated July 17, 2001
One page from applicant's service record
Character/job reference dated July 10, 2001
Character/job reference dated July 10, 2001

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     000127 - 000312  COG

 Period of Service Under Review :
Date of Enlistment: 000313               Date of Discharge: 000621

 Length of Service (years, months, days):

         Active: 00 03 09
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

 Education Level: 11                        AFQT: 41

 Highest Rate: FR

 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):

UNCHARACTERIZED/ENTRY LEVEL PERFORMANCE AND CONDUCT; authority: NAVMILPERSMAN, Article 1910-154 (formerly 3630200).

 Chronological Listing of Significant Service Events :

000614:  Recruit Evaluation Unit: Applicant evaluated and found to have no condition which is considered to be administratively disqualifying. Applicant is not a danger to self or others at the present time. Returned to duty.
000620:  Applicant notified of intended recommendation for discharge by reason of entry level performance and conduct. Advised least favorable characterization of service would be general (under honorable conditions).

000620:  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.
UNDATED:         Commanding officer directed an uncharacterized discharge by reason of entry level performance and conduct. Commanding officer’s comments (verbatim): As evidenced by the listed enclosures, the recruit's performance is unsatisfactory and is considered unqualified for further naval service. I authorize separation from the naval service with an Entry Level Separation. Reentry Code: Not Eligible (RE-4).

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 000621 with an uncharacterized service by reason of entry level performance and 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 states: “(Equity Issue) This former member opines that his character of service should be upgraded to Honorable and that he should be allowed to re-enlist because the Navy informed him that this would automatically happen after six months.” The applicant served less than 180 days of active duty service. In accordance with Navy regulations if a service member is in entry level status (less than 180 days active duty) and it is determined that the member is unqualified for further naval service by reason of unsatisfactory performance or conduct, an uncharacterized discharge is warranted. The applicant did not have any extraordinary accomplishments during his enlistment that would warrant an Honorable discharge. Additionally, a military discharge is not automatically upgraded after any period of time. A former service member must request a discharge review by the Naval Discharge Review Board (NDRB). His record is then reviewed for propriety and equity, and the Board determines if an upgrade is warranted. The Board determined the applicant’s discharge was proper and equitable. Relief is denied.

 Pertinent Regulation/Law (at time of discharge)

 A. The Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective
12 Dec 97 until 10 July 2000, Article 1910-154 (Previously 3630200), Separation by Reason of Entry Level Performance and 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

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