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NAVY | DRB | 2002_Navy | ND02-00762
Original file (ND02-00762.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND02-00762

Applicant’s Request
The application for discharge review, received 020506, requested that the characterization of service on the discharge be changed to honorable. The Applicant requested a personal appearance hearing discharge review before a traveling panel closest to Orlando, FL. The Applicant did not designate a representative on the DD Form 293. In the acknowledgement letter to the application, he was informed that the Naval Discharge Review Board (NDRB) did not travel and all personal appearance 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 030131. 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. However, the discharge shall be administratively corrected to: 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

1.       I, J_ S. N_ (Applicant) wish to reenlist in the United States Military. I believe that with a more positive headstrong attitude, and the perseverance to stretch my physical and mental limits when demanded; I can prove to be a great asset.

 In March of 1999 I had enlisted with strong ambitions. I felt an initial connection when I had given the Navy first thought. Unfortunately, my greatest mistake was lacking mental readiness for the transition of civilian to sailor. I only gave myself two weeks in the delayed entry program because I had negative vibes from my prior occupation. I wanted to get in the military as soon as I could.

When I had first arrived, I felt challenged and intrigued with the path I chose. Naturally, I was nervous and impatient; this would be a trial by fire that would not be easy to pass. By the end of my second week, my lack of preparation was catching up with me, and I was dysphoric. I had to declare myself mentally unfit for duty because I was impatient in my new environment and I felt completely lost to where my training would go.
I know that if I could have been more determined, yet patient in taking on the Navy I would succeed. I also believe in any Military service I can be apt to the challenge. I do not want to look upon my journey as a miserable void but as a triumphant return to a kinship I did not get to know. Thank You!
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214
Character Reference from a co-worker, W_ P_, dtd 7 Mar 2002
Character Reference from a friend, E_ G. R_, dtd 8 Mar 2002
Character Reference from an employer, G_ J_ N_, dtd 20 Mar 2002

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     990304 - 990314  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 990315               Date of Discharge: 990407

 Length of Service (years, months, days):

         Active: 00 00 23
         Inactive: None

 Age at Entry: 24                          Years Contracted: 4

Education Level: 13½                        AFQT: 63

 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: None

* No Marks Found in service record.

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

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

 Chronological Listing of Significant Service Events :

990330:  Recruit Mental Health Administrative Separation Recommendation Report: This 24 year old, single Caucasian male SR was referred to REU on March 29, 1999 by self-referral. SR arrived at RTC on March 15, 1999 and was referred because SR stated that he was depressed and appeared unmotivated. SR denied a history of mental health care but reported depressive symptoms singe age 15 to include sleep problems, worthlessness and diminished interests…There was no evidence of a formal thought disorder or an organic brain syndrome. SR's judgment and insight were good. SR denied current suicidal or homicidal ideation or intent. SR's present risk of danger to self or others is low. SR experienced feelings of depression, anxiety, social isolation and low self-esteem. SR stated that he was having problems with sleep and anger management. Command evaluation documented that he was a poor performing recruit that displayed little motivation and appeared depressed.
         Assessment confirms the following disqualifying psychiatric diagnosis:
         AXIS I: 311 Depressive Disorder, Not Otherwise Specified, EPTE.
         AXIS II: V71.09 No diagnosis Offered
         Plan & Recommendation: 1. Entry level separation is effected because of the disqualifying psychiatric condition. 2. SR was encouraged to seek treatment for the condition upon separation. SR was educated regarding this condition and given an after care referral. SR is suitable to report to Separations Division.
990401:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service possible as General (Under Honorable Conditions) by reason of convenience of the Government due to physical or mental conditions as evidenced by a depressive disorder under MILPERMSAN 1910-120.
990401:  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.

990402:  Commanding Officer, RTC, Great Lakes, directed Applicant's discharge with an entry level separation ((uncharacterized service) by reason of convenience of the government due to physical or mental conditions as evidenced by depressive disorder. Commanding Officer’s comments (verbatim): [As evidenced by enclosure (2), the diagnosed depressive disorder has interfered with this recruits assignment to and performance of duty. I authorize separation from the naval service with an Entry Level Separation. Reentry code: RE-4.]

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 990407 with an uncharacterized service (entry level separation) by reason of convenience of the government due to a physical or mental condition, not a disability (A), as corrected on DD Form 214. 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 Applicant wishes to reenlist in the United States Military. 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. Therefore, the Board cannot grant relief on this issue.

The Board’s charter limits its review to a determination on the propriety and equity of the discharge. In the Applicant’s case, the Board could discern no impropriety or inequity and therefore considered the Applicant’s entry-level separation proper and equitable. The Board found the Applicant’s discharge characterization appropriate. By regulation, service members discharged within the first 180 days of enlistment are given the characterization of service as “Entry Level Separation” unless there were unusual circumstances regarding performance or conduct, which would merit an “Honorable” characterization. The Applicant’s service record did not contain any unusual circumstances during his less than 30 days in the military to warrant a change of discharge to honorable. An upgrade to honorable would be inappropriate. Relief denied.
The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of 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 18, effective
12 Dec 97 until 19 May 99, 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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