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NAVY | DRB | 2003_Navy | ND03-00858
Original file (ND03-00858.rtf) Auto-classification: Denied


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

ex-SR, USNR
Docket No. ND03-00858

Applicant’s Request
The application for discharge review was received on 20030416. 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 listed the Disabled American Veterans as the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040312. 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: ENTRY LEVEL SEPARATION/Entry level performance/conduct, authority: NAVMILPERSMAN, Article 3630200.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

1. “UPGRADE DISCHARGE RE-CODES TO BE ABLE TO ENLIST IN THE USNR.

When I entered service I was 20 years old and immature. At that time I didn’t know what I wanted. My records will show the reason for this type of discharge. If I had it to do over this would not have happened. Since my date of discharge the only thing I have on my record is being charged with open container found in my car which wasn’t mine. Please grant my request and change my discharge to honorable so I can join the Naval Reserve. Thanks.”

 Applicant marked the box "I HAVE PREVIOUSLY SUBMITTED AN APPLICATION ON 20030220 AND AM COMPLETING THIS FORM IN ORDER TO SUBMIT ADDITIONAL ISSUES. Found letter returning application to Applicant in March 11, 2003

 Additional issues submitted by Applicant’s counsel/representative (Disabled American Veterans):

 2. “Dear Chairperson:

After a review of the Former Service Members (FSM) DD Form 293 Application for the Review of Discharge or Dismissal from the Armed Forces of the United States and all of evidence assembled for review, we continue to note the contention of the appellant in his request for a discharge upgrade of his current Entry Level Separation to that of Honorable.

The FSM served on active service from January 5, 1989 to March 1, 1989 at which time he was discharged due to Entry Level Performance/Conduct.

The FSM contends the current discharge is improper because at the time of entry he was twenty years old and immature, not really knowing what he wanted. But now he wishes to have his discharge upgraded to honorable to allow him to join the Naval Reserves.

Therefore the FSM requests a review of the application of the standard, for the Board to determine that the Applicant’s discharge was improper. The Board will determine which reason for discharge should have been assigned based upon the facts and circumstances before the Board, including the service regulations governing the reasons for discharge at that time, to determine whether relief is warranted. See, SECNAVIST 5420.174 (c), Par. (f) (1).

As the representative, we ask that consideration be given to equitable relief, as this is a matter that involves a determination whether a discharge should be changed under the equity standards, to include any issue upon which the Applicant submits to the Board’s discretionary authority, under SECNAVIST 5420.174C.
We ask for the Board’s careful and sympathetic consideration of all the evidence of record used in rendering a fair and impartial decision. These issues do not supersede any issues previously submitted by the Applicant.

Respectfully,”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (2)
Criminal record statement from Morgan County Sheriff’s Department, dated March 25, 2003 (2)
Job verification, dated April 1, 2003 (2)
Criminal record check from Decatur Police Department, dated March 25, 2003 (2)
Authorization for release of information, dated January 17, 2003 (2)
Consultation Report, dated February 2, 1989 (2)
Letter from Applicant, dated April 3, 2003
One page from Applicant’s service record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: None
         Active: None

 Period of Service Under Review :
Date of Enlistment: 880226               Date of Discharge: 890301

 Length of Service (years, months, days):

         Active: 00 01 27
         Inactive: 00 10 09

 Age at Entry: 20                          Years Contracted: 8

 Education Level: 12                        AFQT: 26

 Highest Rate: SR

 Final Enlisted Performance Evaluation Averages (number of marks):*

 Performance: NMR                           Behavior: NMR             OTA: NMR

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: None

*No marks received.

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

ENTRY LEVEL SEPARATION/Entry level performance/conduct; authority: NAVMILPERSMAN, Article 3630200.

 Chronological Listing of Significant Service Events :

890127:  Retention Warning: Applicant advised of deficiency in conduct evidenced by suspected personality problems. You have demonstrated difficulty adjusting to military live, as evidenced by depressed. Referred to the Recruit Evaluation Unit for consult. Advised: further deficiencies may result in disciplinary action and administrative separation. All deficiencies during current enlistment will be considered. Subsequent violations of the UCMJ or conduct resulting in civilian conviction could result in separation under other than honorable conditions. Receipt acknowledged.
890202:  Recruit Evaluation Unit: Provisional Diagnosis: Adjustment disorder with depressed mood. Impression: Adjustment reaction with depressed mood, manifested by immaturity, manipulative suicide gesture, dysphoric mood, and an inability to perform to the minimum routine requirements of Recruit Training. Recommends entry level separation.

890209:  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 entry level separation.

890209:  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.
890223:  Commanding Officer directed an entry level separation by reason of entry level performance/conduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19890301 with an entry level separation by reason of entry level performance/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).

 Issues 1 and 2. The NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy. Neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to reenlistment. A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter.

By regulation, members discharged within the first 180 days of enlistment are given characterization of service "Entry Level Separation" 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." Therefore, relief is denied.

The Applicant's entry-level separation discharge was proper and equitable. 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. There is no evidence of impropriety, inequity, or procedural irregularities in the Applicant's discharge. The Applicant clearly demonstrated his unsuitability for further naval service as evidenced by his failure to adapt to the naval environment. He acknowledged and waived his rights to administrative review. The Applicant was afforded the appropriate due process during the processing of his case. An upgrade of the Applicant's discharge to an honorable characterization is not warranted. Relief denied.

Pertinent Regulation/Law (at time of discharge)
A. Naval Military Personnel Manual, (NAVPERS 15560A), 15 June 1987 until
14 Aug 91, Article 3630200, SEPARATION OF ENLISTED PERSONNEL BY REASON OF ENTRY LEVEL PERFORMANCE 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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