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NAVY | DRB | 2002_Navy | ND02-00360
Original file (ND02-00360.rtf) Auto-classification: Denied


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


ex-SA, USN
Docket No. ND02-00360

Applicant’s Request
The application for discharge review, received 020129, 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 021121. 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 (formerly 3620200).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues, as submitted

Item 24 of DD214 (UNCHARACTERIZED SEPARATION)
 I take issue for reasons:

 1. More than 6 months of service.
 2. Satisfactorily completed basic training
 3. Treated for depression (Mental Hygiene)
 4. Was told discharged would be General Under Honorable Conditions)
 5. Discharged due to Mental/Medical Condition
 6. Due to length of service and all of above I believe should have been given at the very least a General Discharge Under Honorable Conditions

 Documentation
Applicant's medical record could not be obtained by the Board and only a partial service record was received. However, the following additional documentation was submitted by the Applicant for consideration:
3 Copies of DD Form 214 (2 copies of #4 and 1 copy of #1)
TPU Counseling Sheet to Applicant dtd Aug 6, 2001
 Student Disposition Form NHCS Great Lakes, IL dtd Jul 18, 2001
 Applicant's Change of Duty Orders dtd Mar 20, 2001
Enlisted Activity Gain concerning Applicant
Enlisted Activity Loss concerning Applicant
 Applicant's MEPS orders dtd Feb 13, 2001
 Applicant's Administrative Remarks (NAVPERS 1070/613) dtd Jul 19, 2001 acknowledging disenrollment from Class HM "A" School
 Applicant's Administrative Remarks (NAVPERS 1070/613) dtd Jul 19, 2001 concerning transfer to the TPU Great Lakes, IL
 Event service record pages (2 events)
 Applicant's Administrative Remarks (NAVPERS 1070/613) dtd Dec 5, 2000 concerning Applicant's advancement to E-2
Applicant's acknowledgement of Navy's physical readiness standards dtd Feb 13, 2001
 Applicant's ltr to the Board dtd Apr 27, 2002

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     000226 - 010212  COG
          Active: None
Period of Service Under Review :
Date of Enlistment: 010213               Date of Discharge: 010822

 Length of Service (years, months, days):
         Active: 00 06 10
          Inactive: None
Age at Entry: 18                          Years Contracted: 4

Education Level: Unable to verify
AFQT: 61
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):

UNCHARACTERIZED (Entry Level Separation)/CONDITION, NOT A DISABILITY, authority: NAVMILPERSMAN, Article 1910-120 (formerly 3620200).

 Chronological Listing of Significant Service Events :

010717:  Head, Academics Department, NHCS Great Lakes, IL recommending Applicant's disenrollment from school. Commanding Officer approved disenrollment on 18JUL01.
010719:  Applicant acknowledged her disenrollment for her guaranteed assigned HM "A" School due to lack of comprehension, retention of subject matters. No guarantees made concerning rating.
010719:  Applicant transferred from Naval Hospitalman Corps School, Great Lakes, IL, to the Transit Personnel Unit, Great Lakes, IL for administrative purposes.
010806:  Counseling: Advised of circumstances (UA from 0715 morning muster on 06AUG01), notified of corrective actions and assistance available.
010822:  Applicant discharged with uncharacterized service (entry level separation) due to a physical or mental condition, not a disability.
[UNABLE TO OBTAIN MEDICAL RECORD.]

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 010822 with uncharacterized service (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).
Issues 1, 4 and 6. By regulation, members discharged or processed for separation within the first 180 days of enlistment are given characterization of service as “uncharacterized” unless there were unusual circumstances regarding performance or conduct which would merit an “honorable” characterization. The Board presumed that the Navy began processing the Applicant for discharge prior to her completing 180 days of active service. The Applicant’s service record did not contain any unusual circumstances during her six months in the military to warrant a change of discharge. The Applicant did not provide sufficient documentation to overcome the presumption of regularity concerning her characterization of service. With respect to non-service related administrative matters, an uncharacterized separation is considered the equivalent of an honorable or general (under honorable conditions) characterization. Relief denied.
Issue 2, 3, and 5. There is no regulation that states an honorable or general (under honorable conditions) characterization of service will be granted solely on the basis of completion of basic training or discharge by reason of a mental condition. 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. Neither a less than fully honorable discharge nor an unfavorable “RE” code is, in itself, a bar to reenlistment. A request for waiver is normally done only during the processing of a formal application for enlistment through a recruiter. Relief denied.
The Applicant’s discharge characterization accurately reflects her service to her country. Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question. No such error or inequity is evident 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. Relief denied.

The Applicant is reminded that she remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of her discharge. Representation at a personal appearance hearing is recommended but not required.


Pertinent Regulation/Law (at time of discharge)
A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 24, effective
20 May 99 until 27 Aug 01, 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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