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NAVY | DRB | 2003_Navy | ND03-00224
Original file (ND03-00224.rtf) Auto-classification: Denied


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

ex-GMMSN, USN
Docket No. ND03-00224

Applicant’s Request
The application for discharge review, received 20021121, 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 20031017. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board determined there was no impropriety but there was inequity in the assignment of the characterization of the Applicant’s service. The Board’s vote was 3 to 2 that the character of the discharge shall change to: HONORABLE /Physical disability existing prior to entry on active duty established by physical evaluation board proceedings (Not entitled to severance pay), authority: NAVMILPERSMAN, Article 3620270.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated
1. “I feel that my discharge should be upgraded because I did nothing wrong. I merely suffered an injury.”

 Documentation
Only the Applicant’s service and medical records were reviewed, as the Applicant did not provide additional documentation for the Board to consider.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19901228 – 19910310      COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 19910311             Date of Discharge: 19930119

 Length of Service (years, months, days):

         Active: 01 10 09
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 70

 Highest Rate: GMMSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.8 (1)     Behavior: 3.0 (1)                 OTA: 3.0

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: None

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

UNDER HONORABLE CONDITIONS (GENERAL)/Physical disability existing prior to entry on active duty established by physical evaluation board proceedings (Not entitled to severance pay), authority: NAVMILPERSMAN, Article 3620270.

 Chronological Listing of Significant Service Events :

920723:  Medical, USS DALE: 21 year old white male with chief compliant left ankle pain after going up and down ladder and prolonged standing (1 hour or more) onboard ship. Past diagnosis of ankle fracture prior to entry to USN. Evaluated by Ortho 5 May 02. Diagnosed with chronic ankle pain and traumatic arthritis left ankle. Medical board was offered at that time but was turn down due to spending disciplinary action and member’s desired to transfer – escape NJP. Now chief compliant ambulatory difficulties/left ankle pain on shipboard duty. Takes Ansaisl for pain/swelling with slight improvement but pain does not go away. History physical therapy eval/treatment. Pt request eval for left ankle.
         Assessment: Chronic Left Ankle Pain
         Plan: 1. Continue Ansaisl as directed. 2. Orthro Consult – request fitness for duty (shipboard) or in USN. 3. Return to counseling if symptoms persist for three days or sooner if worsen. 4. To duty.
921007:  Orthopedic Dept, Naval Hospital, Portsmouth, VA: 21 year old white male status post bimalleolar diagnosis 1985. Pain in left ankle since enlistment. Unable to perform PRT. Received waiver upon entrance into service. Pain made worse while onboard ship. No instability …..Denies numbness or weakness.
         Diagnosis: Post traumatic arthritis left ankle exacerbated by shipboard duty.
         Recommendation: Physical Evaluation Board

921214:  PEB Index NO 48.682/14 provided Secretary of the Navy’s separation authority. [EXTRACTED FROM BUPERS MSG 240008ZDEC92.]

921224:  BUPERS directed the Applicant's discharge by reason of physical disability existing prior to entry on active duty established by physical evaluation board proceedings. Not entitled to severance pay.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19930119 under honorable conditions (general) for a physical disability existing prior to entry on active duty established by the physical evaluation board proceedings (not entitled to severance pay) (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 but not equitable (C and D). The Applicant’s medical record indicates he received a waiver for his left ankle problem in order to enlist. The Applicant completed boot camp, then, his left ankle problem reoccurred while assigned to a ship. The Applicant was subsequently discharged but his performance, behavior, and overall trait average were all high enough to warrant an honorable discharge. The Applicant was not involved in any misconduct during his abbreviated career. Therefore, based on equity, the Board determined that the Applicant is entitled to relief. The Discharge characterization shall be changed to Honorable but the reason for discharge shall remain the same.

 Pertinent Regulation/Law (at time of discharge)

 A. The Naval Military Personnel Manual, (NAVPERS 15560C), effective 15 Aug 91 until 04 Mar 93, Article 3620270, SEPARATION OF ENLISTED PERSONNEL ON ACTIVEDUTY (INCLUDING ACTIVE DUTY FOR TRAINING) 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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