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NAVY | DRB | 2003_Navy | ND03-01084
Original file (ND03-01084.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND03-01084

Applicant’s Request
The application for discharge review was received on 20030605. The Applicant requests the characterization of service received at the time of discharge be changed to honorable and the reason for the discharge be changed. 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 20040423. 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. Dear Sirs, to whom it may concern. I wish to convey that I have matured and have grown more responsible extensively since my discharge from the navy”.

“2. Since my discharge from the navy I have become a juvenile correctional officer for the of Georgia which I reside. I have been an exemplary officer for which my record will attest”

“3. The reason for the upgrade in status in regard to my discharge is the fact that I want to enlist with the air force national guard. The 134 TH air refueling wing at Knoxville, TN in the security forces unit there.”

“4. At my current status I am unable to continue my enlistment. Your attention to this matter will be greatly appreciated. Sincerely.”


Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214
Letter for Recommendation in Army Reserves dated April 3, 2002

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     990211 - 990221  COG
         Active: USN                        None

 Period of Service Under Review :
Date of Enlistment: 990222               Date of Discharge: 990430

 Length of Service (years, months, days):

         Active: 00 02 09
         Inactive: None

 Age at Entry: 29                          Years Contracted: 4 (12 months extension)

 Education Level: 12                        AFQT: 59

 Highest Rate: SR

 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 :
990205:  Report of Medical Examination upon entry: Applicant failed to disclose existing medical conditions.

990330:  Recruit Mental Health evaluation indicates applicant was diagnosed with Dysthymic Disorder, EPTE, 300.4.

990409:  Applicant notified of intended recommendation for discharge with a general (under honorable conditions) by reason of convenience of the government due to physical or mental conditions as evidenced by a Dysthymic Disorder.
990409:  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.
990427:  Commanding Officer, Recruit Training Command authorized Applicant’s discharge with an uncharacterized service by reason of convenience of the government due to physical or mental conditions as evidenced by a Dysthymic Disorder.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19990430 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).

Issues 1-4: 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 his less than three months in the military to warrant a change of discharge to “honorable.” The Applicant should be aware that, with respect to non-service related administrative matters, i.e., VA benefits, civilian employment, educational pursuits, etc., an uncharacterized separation is considered the equivalent of an honorable or general (under honorable conditions) discharge.

The summary of service clearly documents that erroneous entry was the reason the Applicant was discharged. No other Narrative Reason for Separation could more clearly describe why the Applicant was discharged. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge. In the Applicant’s case, the Board could discern no impropriety or inequity and therefore consider his discharge proper and equitable. 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), 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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