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NAVY | DRB | 2003_Navy | ND03-00011
Original file (ND03-00011.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND03-00011

Applicant’s Request
The application for discharge review, received 20020926, 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 list any 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, 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 PERFORMANCE AND CONDUCT, authority: NAVMILPERSMAN, Article 1910-154 (formerly 3630200).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1. In 1998, I was discharged from the Navy based on my performance and conduct. Through the years I have regretted this. At the time of my enlistment, I had no idea what It was like to be away from my family. I have recently talked to the Army National Guard and the Marines I am ready to reenlist but I have to prove myself to you. It would be a honor to serve my country in this time of war. I am older, wiser and ready.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
 Letter of Recommendation undated from T----W. M----
Letter of Recommendation dated Aug 6, 2002 from K---L-----
Letter of Recommendation dated Aug 7, 2002 from S----W. S-----
Letter of Recommendation dated Aug 9, 2002, from H---L. S-------

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP) 971220 - 980107     COG
         Active: USN               000000 - 000000         None

 Period of Service Under Review :
Date of Enlistment: 980108               Date of Discharge: 980401

 Length of Service (years, months, days):

         Active: 00 02 24
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 11                        AFQT: 45

 Highest Rate: SR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMA*        Behavior: NMA            OTA: NMA

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: None

* No Marks Available
 Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNCHARACTERIZED/ENTRY LEVEL PERFORMANCE AND CONDUCT; authority: NAVMILPERSMAN, Article 1910-154 (formerly 3630200).

 Chronological Listing of Significant Service Events :

980127:  Retention Warning: Applicant advised of deficiency in conduct evidenced by not following instructions at AIT x2. Corrective actions identified. Sources of assistance included. AITx1 and AITx3. Assessment of performance to determine to pass program or set back 1 week. Disciplinary and discharge warning issued.
980220:  Applicant Warning: Being retained in naval service, however the following deficiencies in your performance and/or conduct are identified. Failure to disclosed pre-service civil involvement/conviction. Shoplifting (juvenile). October 1995. Nashville, TN. Member served two days in jail. A police record check revealed no record. The information concerning the above incident is relied upon from the information provided to us by you at Moment of Truth. Be advised that if any further misconduct is discovered which was not disclosed or the information provided is discovered to be false, this page 13 may be considered void. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

980226:  Applicant notified of intended recommendation for discharge by reason of entry level performance and conduct. As evidenced by failure to adapt to the naval environment. Advised least favorable characterization of service would be general (under honorable conditions).

980226:  Applicant advised of his rights and having elected not to consult , elected to waive all rights.
980316:  Recruit Evaluation Report. Recruit has little to no motionation. Recruit has been to IT & PASS, Recruit fell asleep in PASS Meeting. He has shown no improvement since he came to division 129. Recommend ELS at RAB. I have talked to this recruit in many occasions and believe a setback in training would be a waste of time.

980317:  Recruit Evaluation Board: Recruit has failed on core values. His attitude is unsat, his knowledge up to now is substandard for this day of training. Shows no initiative and has no motivation. Recommend discharge.

980327:  Commanding Officer, RTC, Great Lakes, authorized the applicant's discharge with an uncharacterized discharge by reason of entry level performance and conduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 19980401 with an uncharacterized service by reason of entry level performance and conduct (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).

In the applicant’s issue 1, the Board determined this issue has no merit. The Applicant states he is older and wiser and ready to re-enlist. 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 that would merit an "honorable" characterization. The Applicant's service record did not contain any unusual circumstances during his 2 months and 24 days in the military to warrant a change of discharge to "honorable."

The Applicant should be aware that, with respect to non-service 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 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 any claims of post-service accomplishments at that time. Representation at a personal appearance hearing is recommended but not required.
Pertinent Regulation/Law (at time of discharge)

 A. The Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective
12 Dec 97 until 10 July 2000, Article 1910-154 (Previously 3630200), Separation by Reason of Entry Level Performance and Conduct.

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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