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NAVY | DRB | 2003_Navy | ND03-00479
Original file (ND03-00479.rtf) Auto-classification: Denied


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

ex-AN, USN
Docket No. ND03-00479

Applicant’s Request
The application for discharge review was received on 20030130. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests 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 20031229. 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 unanimous that the character of the discharge shall not change. The discharge shall remain: UNCHARACTERIZED (ENTRY LEVEL SEPARATION)/FAILED MEDICAL/ PHYSICAL PROCUREMENT STANDARDS, authority: NAVMILPERSMAN, Article 1910-130 (formerly Article 3620280).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the BCNR application (DD Form 149):

1. “The discharge type was an error. The Navy wrote “Uncharacterized Entry Level discharge” instead of Honorable.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
2 Copies of DD Form 214 (Member 1 & 4)
Dept of Veterans Administration Disability Rating Decision dtd Oct 21, 2001 (6 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     000915 - 000914  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 000915               Date of Discharge: 001201

 Length of Service (years, months, days):

         Active: 00 02 17
         Inactive: None

 Age at Entry: 28                          Years Contracted: 4

Education Level: 17                        AFQT: 38

 Highest Rate: AN

 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)/FAILED MEDICAL/ PHYSICAL PROCUREMENT STANDARDS, authority: NAVMILPERSMAN, Article 1910-130 (formerly Article 3620280).

 Chronological Listing of Significant Service Events :
000922:  USS TRANQUILLITY Medical Clinic, SMART Team, RTC, Great Lakes: Complains of knee pain. No pain when got to boot camp. Complains of 2 days of left knee pain, and pain made worse at boot camp by marching and standing. Recruit has not had medical treatment. Placed on light duty for 6 days.
001116:  USS TRANQUILLITY Medical Clinic, SMART Team, RTC, Great Lakes: 28 year old male complains of knee pain. History of knee pain divulged at Moment of Truth. Entry Level Medical Separation – Lateral Meniscal Tear.

001121:  USS TRANQUILLITY Medical Clinic, Naval Hospital, Great Lakes, IL: Entry Level Medical Separation due to diagnosis Knee Arthralgia, Chronic. Condition is not correctable to meet Navy standards. Pt did not have a waiver to come into the service with condition. Recruit did not request a waiver from BUMED and BUMED did not recommend a waiver. Medical did not recommend retention of recruit.

001121:  Applicant’s statement indicating that he had knee problems before entering the Navy. Acknowledged he did not meet Navy standards and was not eligible for compensation from the Navy.

001124:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service possible is Genera Under Honorable Conditions by reason of defective enlistment and induction due to failed the medical/physical procurement standards as evidenced by chronic knee arthralgia.

001124:  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.

001127:  Commanding Officer, Recruit Training Command, Great Lakes, directed Applicant’s discharge with an Entry Level Separation by reason of defective enlistment and induction due to failed medical/physical procurement standards.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20001201 with an uncharacterized service (level entry separation) for defective enlistment and induction due to failed medical/physical procurement standards (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).

Issue 1. 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 circumstances during his less than two months in the military to warrant a change of discharge to "honorable." Relief denied.
The following is provided for the edification of the Applicant. There is no law or regulation, which provides that an unfavorable discharge may be upgraded, based solely on the passage of time or good conduct in civilian life subsequent to leaving naval service. The NDRB is authorized, however, to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review. Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, and certification of non-involvement with civil authorities.
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 12 Jun 01, Article 1910-130 (formerly 3620280), Separation by Reason of Defective Enlistments 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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