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NAVY | DRB | 2003_Navy | ND03-00750
Original file (ND03-00750.rtf) Auto-classification: Denied


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

ex-AN, USN
Docket No. ND03-00750

Applicant’s Request
The application for discharge review was received on 20030328. 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 list any representative on the DD Form 293. Subsequent to the application, the Applicant obtained representation by the Veterans of Foreign Wars.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040303. 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)/CONDITION, NOT A DISABILITY, authority: NAVMILPERSMAN, Article 1910-120 (formerly 3620200).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

1. “Item 28, DD Form 214, indicates a reason for separation as “condition, not a disability”. However, the VARO decision (Doc #2, enclosed) grants Service Connection for that disability. Therefore, the discharge should be upgraded to Honorable because I was discharged as a result of a service connected disability.”

Additional issues submitted by Applicant’s counsel/representative (Veterans of Foreign Wars):

 “2. Applicant indicated above requested that Veterans of Foreign Wars act as counsel concerning her application. His records were reviewed on September 9, 2003 and the following comments are hereby submitted:

We concur with the Applicant’s contention that his discharge be changed to honorable.

We refer this case to the Board for their careful and compassionate consideration and request the Applicant's discharge be reviewed for upgrade to Honorable Discharge .”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Department of Veterans Affairs, Rating Decision, dated October 23, 2002 (4 pages)
DD Form 149, dated March 20, 2003

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     000712 - 010627  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 010628               Date of Discharge: 010731

 Length of Service (years, months, days):

         Active: 00 01 04
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 76

 Highest Rate: AN

 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 for review

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

UNCHARACTERIZED (Entry Level Separation)/CONDITION, NOT A DISABILITY, authority: NAVMILPERSMAN, Article 1910-120 (formerly 3620200).

 Chronological Listing of Significant Service Events :

010723:  Medical Evaluation: Diagnosis: spondylolysis/Scheuremann’s Disease (Lumbar) with avulsion of anterior suporior margin. P: ELMS.
010725:  Applicant notified of intended recommendation for discharge general (under honorable conditions) by reason of convenience of the government due physical or mental conditions not necessarily amounting to disability but affecting potential for continued active duty in the naval service as evidenced by diagnosis of spondylolysis/Scheuremann’s Disease.

010725:  Applicant advised of 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.
010726:  Commanding Officer authorized discharge with a uncharacterized (entry level separation) by reason of convenience of the government on the basis of a physical or mental conditions not necessarily amounting to disability but affecting potential for continued active duty in the naval service as evidenced by diagnosis of spondylolysis/Scheuremann’s Disease.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20010731 with an uncharacterized (entry level separation) for convenience of the government due to a physical or mental condition, not a 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).

Issue 1 and 2: By regulation, members discharged within the first 180 days of enlistment are given characterization of services as “Uncharacterized” unless there were unusual circumstances regarding performance of conduct which would merit an “honorable” characterization. The Applicant’s service record did not contain any unusual circumstances during her less than two months in the military to warrant a change of discharge to “honorable.” Additionally, the Applicant’s medical condition existed prior to her entry into the naval service. Relief denied. The Applicant should be aware that, with respect to nonservice-related administrative matters, i.e., VA benefits, civilian employment, educational pursuits, etc., 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. 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 24, effective
20 May 99 until 27 Aug 01, Article 1910-120 (formerly 3620200), SEPARATION BY REASON OF CONVENIENCE OF THE GOVERNMENT - PHYSICAL OR MENTAL CONDITIONS.

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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