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NAVY | DRB | 2004_Navy | ND04-00141
Original file (ND04-00141.rtf) Auto-classification: Denied



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


ex-AR, USN
Docket No. ND04-00141

Applicant’s Request
The application for discharge review was received on 20031029. 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 20040720. 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/CONDITION, NOT A DISABILITY, authority: NAVMILPERSMAN, Article 3620200.



PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues, as stated

 Applicant’s issues, as stated on the application:
1. “To Whom it may concern, my name is J_ C_ H_ (Applicant). I am requesting, a up grade in some of the areas on my discharge of the Navy. My narrative reason for seperation states, “Personality Disorder”. From the time I seen a doctor, about (being tired all the time.) and joining the Navy is four years and six months, never being prescribed any medication, at any time, the same is still today. I was not any problem in the navy as it states on my copy of the DD 214. I feel that (Personality Disorder) as stated on my DD 214 form, & my RE: Code, wich is RE:4 has prevented my from jobs, with Employers, that have civil service recently in the last year, I have attended college and studies, (law Enforcement), the police dept & Police Academies said, I need no less that General, under Honorable conditions.
I would like my RE: Code changed to RE:3, my discharge: Honorable or, under Honorable conditions, & my narrative reason for seperation –changed to medical.
“Without these change I will not be able to serve my community. I have also considered the Navy Reserves, if changed If given a second change to, join the navy in the reserves, I would have no problem. Thanks you for your cooperation. J_ C_ H_ (Applicant)
To whom it may concern, my name is J_ C_ H_ (Applicant) and I am requesting a up grade in my discharge. I also want to state some personnel comments about my self. I wish I was able to serve my country in the Navy. I wasn’t prepared for boot camp at that time. I was young & felt lonely, and seperated from my family for the first time, a new found stress, that I never exspienced. My only fault was not stating this so-called condition. To this day which I never taken any medication for. The information on my DD 214 prevent me from applying or getting hired at any civil service job. I feel my discharge was over exaggerated. I am a productive citizen, and I feel my discharge labels me. Comparing the time I went to the doctor & joining the Navy, is 4 years, and was never prescribed any medication then, and the same goes for now.
 Thank you for your cooperation Sincerely J_ C_ H_ (Applicant).”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
None

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
          Inactive: USNR (DEP)     950428 - 950517  COG
Period of Service Under Review :
Date of Enlistment: 950518               Date of Discharge: 950810

 Length of Service (years, months, days):
         Active: 00 02 26
          Inactive: None
Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 34
Highest Rate: AR

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

 Military Decorations: None
Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: None
*No marks assigned.
Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNCHARACTERIZED/CONDITION, NOT A DISABILITY, authority: NAVMILPERSMAN, Article 3620200.

 Chronological Listing of Significant Service Events :

950801:  Medical Evaluation: Assessment: Attention deficit/hyperactivity disorder. It is strongly recommended Applicant be processed for an entry level separation.
950803:  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 attention deficit/hyperactivity disorder.
950803:  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.
9508XX:  Commanding Officer directed separation with an uncharacterized 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 attention deficit/hyperactivity disorder. [Some of the date is unreadable.]

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19950810 with an uncharacterized character of service for the convenience of the government due to 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. The Applicant should be aware that, with respect to nonservice-related administrative matters, i.e., VA benefits, educational pursuits, and especially civilian employment, an uncharacterized separation is considered the equivalent of an honorable or general (under honorable conditions) discharge.

Concerning a change in reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces. An unfavorable “RE” code is, in itself, not a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.

By regulation, members discharged within the first 180 days of enlistment are given characterization of service "Uncharacterized" or 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 three months in the military to warrant a change of discharge to "honorable." 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 additional documentation to support any claims of post-service accomplishments or any other evidence relating 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 9, effective 22 Jul 94 until 23 Jun 96), Article 3620200, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT.

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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