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NAVY | DRB | 2003_Navy | ND03-01012
Original file (ND03-01012.rtf) Auto-classification: Denied


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

ex-SA, USN
Docket No. ND03-01012

Applicant’s Request
The application for discharge review was received on 20030520. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a documentary record 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 20040415. 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)/ERRONEOUS ENTRY (OTHER), 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 application:

1. “= Service Time
Pg. 1= My statement
Pg. 2=Sec.(B) Agreements (High Lighted)”

2. “= Reason for Separation:
Pg. 1-my statement
Pg. 2-Change needed on DD214 (High Lighted)
Pg. 3 Authorization for Adm. Separation (Concern High Lighted)
Pg. 4 Chronological Record of med core (Concerns High Lighted)
Pg. 5-6 Medical Report of Right Knee problem between 10/25/99 and 1/10/2000 (Dr. N___ J. A____ Jr).”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of Enlistment/Reenlistment Document
Letter from Applicant to National Personnel Center dated March 25, 2003
Copy of DD Form 214
Commanding Officer’s Authorization for Administrative Separation dated February 18, 2003
Copy from Medical Record dated February 11, 2002
Letter from Applicant to Congressman W. J. T___ dated February 24, 2003
Commanding Officer’s Authorization for Administrative Separation dated February 18, 2003 (2 pages)
Copy of Commanding Officer’s Notification and Statement of Awareness dated February 13, 2003
Copy of Medical Report from Dr. N__ J. A___ (2 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     020329 - 021118  COG
         Active: USN                        None

 Period of Service Under Review :
Date of Enlistment: 021119               Date of Discharge: 030221

 Length of Service (years, months, days):

         Active: 00 03 03
         Inactive: None

 Age at Entry: 21                          Years Contracted: 4

Education Level: 12                        AFQT: 38

 Highest Rate: SA

 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)/ERRONEOUS ENTRY (OTHER), authority: NAVMILPERSMAN, Article 1910-130 (formerly Article 3620280).

 Chronological Listing of Significant Service Events :
030211:  Medical evaluation: Applicant diagnosed with knee dislocation.
030213:  Applicant notified of intended recommendation for discharge with an uncharacterized service by reason of defective enlistment and induction due to erroneous enlistment as evidenced by knee dislocation.
030213:  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.
030218:  Commanding Officer authorized discharge with an uncharacterized service by reason of defective enlistment and induction due to erroneous enlistment as evidenced by knee dislocation.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20030221 with an uncharacterized service for defective enlistment and induction due to erroneous enlistment (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 service characterization of "Uncharacterized" unless there were unusual circumstances regarding performance or conduct, which would merit an "honorable" characterization. No such unusual circumstance was discovered in this case. Relief denied.

Issue 2. The Applicant admitted in her letter to the Board that she had been diagnosed with a dislocated knee prior to entry into the naval service. The Applicant failed to disclose her knee problems during her enlistment physical, dated 20020321, on DD Form 2807-1. The Applicant was re-diagnosed with a knee dislocation on 11 FEB 03, at the Medical Clinic, Naval Hospital,. Great Lakes, IL. No other Narrative Reason for Separation could more clearly describe why the applicant was discharged. To change the Narrative Reason for Separation would be inappropriate. Relief denied.

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 documentation to support any claims of post-service accomplishments or any other evidence related to his discharge 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), re-issued October 2002, effective 22 Aug 02 until Present, 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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