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NAVY | DRB | 2002_Navy | ND02-00676
Original file (ND02-00676.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND02-00676

Applicant’s Request
The application for discharge review, received 020415, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to medical. The Applicant requested a documentary record discharge review. The Applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 030116. 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 four to one that the character of the discharge shall not change. The discharge shall remain: UNCHARACTERIZED/ MISCONDUCT, authority: NAVMILPERSMAN, Article 1910 - 142 (formerly 3630605).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. My discharge was inequitable because it was Uncharacterized Entry Level Separation but I served from more than 180 days. I am asking for a correction on military records because the Veteran Affairs Regional Office has me for an Honorable.

2. The reason for discharge was unjust due to the reasons that I was hospitalized and being treated at the Bronx Veteran Affair Medical Center, Brooklyn Veteran Affair Medical Center, and the Naval Hospital, Great Lakes.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant's DD Form 214
Statement of Service dated June 21, 2001
Twenty-five pages from Applicant's civilian medical record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     000630 - 001019  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 001020               Date of Discharge: 010417

 Length of Service (years, months, days):

         Active: 00 05 28
         Inactive: None

 Age at Entry: 22                          Years Contracted: 4

 Education Level: 12                        AFQT: Unknown

 Highest Rate: SR

 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: 86

 Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNCHARACTERIZED/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-142 (formerly 3630605).

 Chronological Listing of Significant Service Events :

000807:  Psychiatric evaluation: Diagnosis: Schizophrenia, disorganized type, 295.10.
000809:  Applicant to unauthorized absence, 0400, 000809.

001103:  Applicant from unauthorized absence 1756, 001103 (86 days/surrendered).

010328:  Applicant notified of intended recommendation for discharge general (under honorable conditions) by reason of defective enlistment and induction due to erroneous enlistment as evidenced by schizophrenia and misconduct due to the commission of a serious offense as evidenced by unauthorized absence from on or about 9 August 2000 until on or about 3 November 2000.
010328:          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.
010402:  Commanding Officer, Recruit Training Command, Great Lakes, IL directed discharge with an uncharacterized service by reason of misconduct due to the commission of a serious offense. Commanding Officer’s comments (verbatim): "As evidenced by the listed enclosures, an erroneous enlistment has occurred. Additionally, the specific circumstances surrounding the misconduct warrants separation in this case, however, does not warrant an other than honorable characterization. The servicemember has demonstrated a serious lack of core values during this incident. He has no potential for further useful 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 010417 with an uncharacterized service for misconduct due to commission of a serious offense (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).

After a careful review of the Applicant’s entire service record, the Board disagreed with the Applicant’s contention that he should be granted a characterized vice uncharacterized discharge. While the Applicant’s total service time did in fact extend past the 180 days necessary for a characterized discharge, when the Applicant’s lost time due to unauthorized absence (86 days) is taken into account, the Applicant has less than 180 days of active duty. Therefore, the Applicant is denied relief based on this issue.

Responding to the Applicant’s second issue, the Board disagreed with the Applicant’s contention that he should not have been discharged while receiving treatment at the Bronx Veteran Affairs Medical Center. There was nothing in the records, nor did the applicant provide any documentation, to indicate there existed an error of fact, law, procedure, or discretion at the time of discharge. There was no rights violation and no basis for relief. Relief denied.

 The applicant is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. Representation at personal appearance hearing is recommended.

Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 31, dated 20 Feb 01, effective 25 Jan 01 until Present, Article 1910-142 [formerly 3630605]. SEPARATION BY REASON OF MISCONDUCT - COMMISSION OF A SERIOUS OFFENSE.

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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