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NAVY | DRB | 2002_Navy | ND02-01329
Original file (ND02-01329.rtf) Auto-classification: Denied


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

ex-AN, USNR
Docket No. ND02-01329

Applicant’s Request
The application for discharge review, received 20020917, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to Physically qualified. 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 20030828. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB. The Board’s vote was four to one that the character of the discharge shall not change and unanimous that the reason for discharge shall not change. The discharge shall remain: GENERAL (UNDER HONORABLE CONDITIONS)/Physical Disability, authority: NAVMILPERSMAN, Article 1910-168.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

Applicant’s Brief:

 Dear Sirs,
 I am AN C_ P_ (Applicant), my branch of service is Navy Reserves. I was stationed at NAS JRB willow grove PA. My unit CVNE 293, their address NAS JRB willow grove PA. 1909.1 have also included additional documentation. The error or injustice I wish to amend is my discharge status, which was a general under honorable conditions. Sirs ever since I can remember I have dreamed of being a soldier and helping my country. That dream was realized in early September of 1999, when I was admitted in the Naval Reserves. However my dream come to an end august 18,2001. The reason for my discharge, officer in charge felt I wasn't physically qualified. Sirs upon entry into the service I being an honest individual felt my superior's should know all about me. I had been diagnosed with a minor mental condition, and I told them so (recruiter). Before this occurred I had been tested and given a medical I passed both. After arriving at willow grove for orientation I was given another medical, I passed that one too. Then I was temporarily suspended of duty pending another physical, this was after I disclosed I had been sick with a minor mental condition. To the surprise of my superiors I passed that medical on base as well. However I on my part due to complications with the doctor I was seeing delayed, to return a correspondence with a update of my condition, this was required although as I explained I had taken and passed three prior physical exams. Anyway sirs officer in charge felt the delay of the report requested was to long. so has a consequence I was discharged with a general under honorable conditions. I sirs feel this is unjust and I am appealing to you for an honorable discharge. I have included in this letter most of the major details of my case. I have waived the right to a personal hearing, unless of course you sirs think it is warranted. In which case I would ask for legal help from Naval Weapons Station Earle, in Colts Neck New Jersey. Since I am a civilian now, they might refer me to someone who might help me with this case. All I am asking for sirs is justice and I don't think that I was done with my discharge in aug. 1 8,200 1. Sirs if you feel the medical records on file with Navy is not enough to evaluate this case, I will give you a number to which you might inquire as to my medical and psychological condition. The social workers name is Mr. C_ B_, he is with the Jewish board of family and children services. Mr. B_'s number is xxx-xxx-xxxx, ext.xxx. Sirs all I ask is for a chance to know I have been of service to my country and I did it honorably. Currently I am a full time student at C.U.N.Y LaGuardia Community College. This school has taken up a lot of my time, and I would have written sooner. if you feel their is more information or history you need from me, feel free to call or write. My number is xxx-xxx-xxxx. My mailing address is on the letter and the envelope accompanying this letter. I look forward to your reply.
Thank you,
AN. C_ R. P_ (Applicant)
S.S-xxx-xx-xxxx

Listed in Block 8 ISSUES of DD Form 293:
Example 1. General Discharge changed to Honorable Discharge. Use Brief. Page 2 paragraph 2 sentence 1.

Example 2. Was punctual at all drill weekends. Also never missed a drill weekend for emergency or sickness.

Example 3. Was reprimanded once or twice for uniform. However these skills I was scheduled to learn in Basic Training so I was excused by superiors.

Example 4. I passed three physicals given by military doctors before and after I stated I had been ill with a mental sickness. Use Brief Page 1 paragraph 2 sentence 14. Also Page 1 paragraph 1 sentence 1.

Example 5. Information has to current medical and psychological condition. Use Brief, Page 2 paragraph 2, sentence 8, 9, 10, 11.

Example 6. The Reason for Discharge should be changed because my condition has changed over the last few years. I have been in much better physical condition. See example 5, also accompanying medical report.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Record of Discharge From The U.S. Naval Reserve, NAVPERS 1070/615
Medical documentation from K_ K_, MD dtd Sep 3, 2002

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: None
         Active: USAR                       820317 - 820429  HON (Didn’t
Complete Trng)
Period of Service Under Review :
Date of Enlistment: 990929               Date of Discharge: 010818

 Length of Service (years, months, days):

         Active: 00 00 00
         Inactive: 01 10 20

 Age at Entry: 36                          Years Contracted: 8

 Education Level: 13½                        AFQT: 45

 Highest Rate: AN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.0 (1)     Behavior: 3.0 (1)                 OTA: 3.0 (5.0 evals)

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: None

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

GENERAL (UNDER HONORABLE CONDITIONS)/Physical Disability, authority: NAVMILPERSMAN, Article 1910-168.

 Chronological Listing of Significant Service Events :

000123:  Branch Medical Clinic, NAS JRB Willow Grove, PA: Medical entry made, as follows: Mbr rec’d a Retention P.E. this date, he was found not Physical qualified. A package will be sent to BUMED for determination.
010808:  Commanding Officer, Naval Air Station Joint Reserve Base, Willow Grove, PA, approved Applicant’s discharge and directed his discharge
with a general (under honorable conditions) by reason of physical disability.
010818:  Page 13 entry made reflecting a discharge with a General Under Honorable conditions, with separation code of JFR and a reentry code RE-3P, authority as MILPERSMAN 1910-140.

010818:  Record Of Discharge From the U.S. Naval Reserve, NAVPERS 1070/615, issued showing a discharge date of 010818 with an Honorable Discharge Certificate.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20010818 with a characterization of general (under honorable conditions) for Physical 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).

Applicant’s Brief and 6 Examples: Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question. No such error or injustice occurred during the Applicant’s enlistment. Since the Applicant’s service record is incomplete, the responsibility lies with the Applicant to provide certifiable documents he believes will further his case for review by the NDRB. Applicant did not provide such evidence. Examples of documentation such as performance evaluations, counseling reports, and medical documents are required to overcome the Board’s presumption of regularity in a case when the Applicant’s service record is incomplete. Additionally, Applicant’s current medical condition has no bearing on the characterization of service upon discharge. Relief denied.

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 summary of service documents the Applicant was found not physically qualified by competent medical authority and was the reason the Applicant was discharged. In the absence of any other naval medical documentation, no other Narrative Reason for Separation could more clearly describe why he was discharged. To change the Narrative Reason for Separation would be inappropriate. Relief denied.

While the Applicant indicated he has waived his right to a personal hearing, he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge. The Applicant can provide additional documentation to support his claims and documentation of post-service accomplishments, if deemed appropriate, at that time. Representation at a personal appearance hearing by one of the following veterans’ organization: Disabled American Veterans, Veterans of Foreign Wars, or American Legion, is recommended but not required.

Pertinent Regulation/Law (at time of discharge)

 A. The Naval Military Personnel Manual, (NAVPERS 15560C), Change18, effective 12 Dec 97 until 21 Aug 2002, Article 1910-168 (previously 3620270), Separation by Reason of Physical Disability.

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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