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NAVY | DRB | 2002_Navy | ND02-01129
Original file (ND02-01129.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND02-01129

Applicant’s Request
The application for discharge review, received 020809, requested that the characterization of service on the discharge be changed to honorable. 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 030501. 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)/ERRONEOUS ENTRY (OTHER), authority: NAVMILPERSMAN, Article 3620280.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1. I wish to have my discharge upgraded so that I may pursue a career in Law Enforcement. I was medically discharged out of boot camp. [Submitted on DD293 dated 2002-07-31]

2. I would like to have my entry-level separation upgraded to an honorable discharge so that I may be able to obtain a civil service job such as working for the police department. I went into boot camp with a previously broken wrist and was medically discharged for the same condition. Since I was not able to serve my country as a soldier in the military I would like to be able to do so in the Civil Service. I have since had my wrist medically repaired and would like to further my life in this way. [Submitted on DD293 dated
2003-02-06]

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     970829 - 971104  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 971105               Date of Discharge: 971205

 Length of Service (years, months, days):

         Active: 00 01 01
         Inactive: None

 Age at Entry: 23                          Years Contracted: 4

 Education Level: 12                        AFQT: 75

 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):

UNCHARACTERIZED (ENTRY LEVEL SEPARATION)/ERRONEOUS ENTRY (OTHER), authority: NAVMILPERSMAN, Article 3620280.

 Chronological Listing of Significant Service Events :
970709:  Report of Medical Examination upon entry: Applicant disclosed wrist situation. Noted on the exam - "unable to dorsiflex right wrist," and was determined not qualified for enlistment.

970825:  Enlistment authorized notwithstanding due to bone graft, right scaphoid (waiverable); and defective auditory acuity, excessive unilateral high frequency hearing loss, left. Waiver Authority: CHBUMED letter dated 970822 with CNRC endorsement dated 970825.

971125:  Branch Medical Clinic, RTC, Great Lakes, IL: Entry Level Medical Separation for Existed Prior To Entry condition. Diagnosis: Non-union Scaphoid fracture - unhealed fracture of right wrist. Entry level medical separation started. Not fit for any military service. Admin separation existed prior to entry, not service aggravated.

971201:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as General (under honorable conditions) by reason of defective enlistment and induction due to erroneous enlistment as evidenced by an unhealed fracture of right wrist.
971201:  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.

971201:  CO, RTC, NTC, Great Lakes, IL, directed the Applicant's discharge with an uncharacterized service by reason of defective enlistment and induction due to erroneous enlistment, as evidenced by an unhealed fracture of right wrist.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 971205 with an entry level separation (uncharacterized) for defective enlistment and induction due to erroneous enlistment (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 NDRB, under its responsibility to examine the propriety and equity of an applicant's discharge, will change the reason for discharge if such a change is warranted. The Applicant’s medical record is clear that the Applicant had a preexisting medical condition which made him unsuitable for military service. The Board recognizes that there are no derogatory entries in the Applicant's service record but also recognizes that the Applicant was in an entry-level status at the time the Commanding Officer notified him of his recommendation for discharge. By regulation, members discharged within the first 180 days of enlistment are given characterization of service "Uncharacterized" unless there were unusual circumstances regarding performance or conduct which would merit an "honorable" characterization. Applicant's service record did not contain any unusual crcumstances during his less than two months in the military to warrant a change of discharge to "honorable." The Applicant's record, however positive, did not contain any entries so meritorious as to warrant an honorable characterization. In addition, to upgrade the Applicant’s discharge to Honorable solely for the purposes of ensuring the Applicant can find a better job would be a disservice to those service members who earned an honorable discharge. Relief is therefore denied. The Applicant should be aware that, with respect to nonservice-related administrative matters, i.e., VA benefits, educational pursuits, and especially civilian employment, an uncharacterized separation shall be considered the equivalent of an honorable or general (under honorable conditions) discharge.
The Applicant is reminded that he remains eligible for a personal appearance hearing, provided an application is received at the NDRB within 15 years from the date of his 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 14, effective 03 Oct 96 until 11 Dec 97, Article 3620280, SEPARATION OF ENLISTED PERSONNEL BY REASON OF DEFECTIVE ENLISTMENT AND INDUCTIONS – ERRONEOUS ENLISTMENT.

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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