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NAVY | DRB | 2002_Navy | ND02-00044
Original file (ND02-00044.rtf) Auto-classification: Denied


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

ex-FR, USN
Docket No. ND02-00044

Applicant’s Request
The application for discharge review, received 011004, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a personal appearance discharge review before a traveling panel closes to (left blank). 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. Subsequent to the application, the applicant changed representation to Veterans of Foreign Wars and requested a characterization of service on the discharge be changed to honorable or general/under honorable conditions.

Decision

A documentary discharge review was conducted in Washington, D.C. on 020517. 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 3620200.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. Request for clemency discharge

 2. DD 214 Form, I want, name change on my D.D. 214 form to read (name deleted) and Discharge to Honorable or change Discharge to general/under Honorable conditions. Applicant marked the box "I HAVE LISTED ADDITIONAL ISSUES AS AN ATTACHMENT TO THIS APPLICATION” on both applications. None were found.
3. Applicant indicated above requested that Veterans of Foreign Wars act as counsel concerning application. Her records were reviewed on March 28, 2002 and the following comments are hereby submitted:

The applicant is requesting a name change and an upgrade of her current discharge. She would like a Honorable or General under honorable conditions. It is noted the applicant served 4 months 2 days and 00 years of active service. It is noted she was given a mental health examination and was diagnosed with an adjustment disorder. Paranoia was a second diagnosis as a result of a multiaxial evaluation. This was performed in accordance with the Diagnostic and Statistical Manual of Mental Disorders DSM-Ivtm. We refer this case to the Board for their careful and compassionate consideration and request the applicant's discharge be reviewed for CLEMENCY.
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of Wayne County Community College transcript dated August 2, 2001 (2 copies)
Copy of applicant's DD Form 214 (2 copies)
Copy of DD Form 149 dated November 8, 2001
Copy of high school diploma
Copy of Michigan operators license
Copy f applicant's social security card
Copy of registration certificate from Department of Elections
Letter to applicant from Department of Veterans Affairs, Health Administration dated July 13, 2001
Copy of VA Form 21-526 (pages 7 - 10)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     970718 - 970729  COG

 Period of Service Under Review :
Date of Enlistment: 970730               Date of Discharge: 971202

 Length of Service (years, months, days):

         Active: 00 04 03
         Inactive: None

 Age at Entry: 26                          Years Contracted: 4

 Education Level: 12                        AFQT: 54

 Highest Rate: FR

 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)/CONDITION, NOT A DISABILITY, authority: NAVMILPERSMAN, Article 3620200.

 Chronological Listing of Significant Service Events :

970924:  Retention Warning: Advised of deficiency (Failure to follow RTC rules and regs - disrespect for authority, cutting lines during chow, recruit to recruit contact, racial comments (all white people).), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
970929:  Medical Evaluation:

         Axis I: Adjustment disorder with mixed disturbance of emotions and conduct.
                  Axis II: Paranoid features noted.

 971002:  Applicant notified of intended recommendation for discharge general (under honorable conditions) by reason of convenience of the government due physical or mental conditions not necessarily amounting to disability but affecting potential for continued active duty in the naval service as evidenced by diagnosis of an adjustment disorder.
971009:  Applicant advised of his rights and having consulted 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.
971028:  Commanding officer recommended discharge general (under honorable conditions) by reason of convenience of the government on the basis of a. physical or mental conditions not necessarily amounting to disability but affecting potential for continued active duty in the naval service as evidenced by diagnosis of an adjustment disorder. Commanding officer’s comments (verbatim): As evidenced by enclosure (3), the diagnosed adjustment disorder has interfered with this recruit's assignment to, and performance of duty. I recommend separation from the naval service with an Entry Level Separation.

971202:  Commander, Naval Training Center, Great Lakes, IL directed the applicant's discharge uncharacterized (entry level separation) by reason of convenience of the government due to a physical or mental condition, not a disability .

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 971202 uncharacterized (entry level separation) for convenience of the government due to a physical or mental 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 requested a clemency discharge. The NDRB found no impropriety or inequity in the discharge as issued. The applicant requested the discharge be changed to Honorable. The record shows the applicant served on active duty less than 180 days and was separated for an adjustment disorder. Due to length of service the applicant is not eligible for a characterization of Honorable or General (Under Honorable Conditions). Relief is denied.

 The applicant requested a name change on her DD Form 214. The applicant failed to provide documentation to support that her name was entered in error. All of her enlistment documents show her name as “J------n”, the applicant provided no reasonable explanation for a name change. Relief is denied.

 Pertinent Regulation/Law (at time of discharge)

 A. The Naval Military Personnel Manual, (NAVPERS 15560C, Change 14, effective
03 Oct 96 until 11 Dec 97), Article 3620200, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT - OTHER 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 “ 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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