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NAVY | DRB | 2004_Navy | ND04-00815
Original file (ND04-00815.rtf) Auto-classification: Denied


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

ex-AN, USN
Docket No. ND04-00815

Applicant’s Request
The application for discharge review was received on 20040421. The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. The Applicant requests a personal appearance discharge review before a traveling panel closest to Massachusetts. The Applicant did not list any representative on the DD Form 293. In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) does not travel; all hearings are held in the Washington National Capital Region. The NDRB also advised that the Board first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20050616. After a thorough review of the available 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.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 1. “I entered the U.S. Navy’s delayed entry program (D.E.P.) 6/01. My ship out date was not till 6/26/02 , in that time I encouraged four other individuals to enlist in the Navy as well. My rate was to be an airman apprentice undesignated to the fleet. I thought this was the best way to go because I did not know what I wanted to do for the rest of my enlistment. When I was at the recruit training command I was extremely dedicated and even had a leadership role in my division while I was there for the nine weeks. I had left the training command as an E-3 because of being promoted for the four individuals as I mentioned earlier. At that time I went to Pensacola Florida for my “A” school. I had spent a little over two months there and passed all of the qualifications with no problem. After Pensacola I chose to take a week of leave time to go home. While I was home I could hardly wait to get to my new and first command CVN 74 the USS John C. Stennis stationed on Coronado Island in San Diego, California. When I arrived on 10/30/02 the ship was under reconditioning from the last cruise. At this point in time was when the problem began. The first two weeks I wasn’t sleeping very good but I figured it was only natural because I have never had to live on an air craft carrier before and because of all the excitement of even being apart of all of it. The first month had passed and still was having a very hard time getting any sleep at all and it was affecting my work because usually I was a very hard worker, so I went to my chief and told him the situation and he sent me to medical and I spoke with a Lt. F_ for one of the first times, he was one of the ships psychologist. He told me some breathing techniques and different things to help me sleep but still was not getting anywhere with the situation. I got to the point where every weekend or holiday I would have off I would be in a hotel room by my self in lieu of sleeping on the ship. Lt. F_ then realized after he put everything together that I was “environmentally claustrophobic” because I had no problem working on the ship or even being in tight spaces off the ship it was just when I had to sleep in my rack. I requested a command change or a different rate because I was walking around the base for most night instead of sleeping because every time I would try to sleep aboard ship I would end up having a anxiety attack from all the stress, disappointment and tiredness, this happened often. I was putting forth my best effort to stick with it but it just wasn’t happening. When Christmas leave came I took it, the day I was supposed to go back I had another anxiety attack from fear of having to go back and stay on the ship. I contacted Lt. F_ and he talked to his divisional officer and Lt. P_ and he told me to come back no matter what happens because they are going to fix the situation as soon as I got back. When I returned they set up an appointment the following day. At this time they gave me two options and that was to either stick it out or hope that my problem will go away or, they could give me an administrative discharge under honorable conditions. After thinking the situation over I chose the administrative discharge. After that I was told to make travel arraignments while the legal office and personnel typed up all my paper work. As I had said before the discharge type I was told was a administrative discharge under honorable conditions, I looked for that in writing and could not find it so I asked a chief in the personnel office and he said that I “wasn’t on active duty long enough for a administrative discharge under honorable conditions”, that statement was then restated by the officer in charge at the time and also said the one given to me was almost identical to an uncharacterized discharge. I accepted this "uncharacterized discharge" trusting everyone because they seemed to be very sure of them self's so I believed them.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     010821 - 020725  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 020726               Date of Discharge: 030115

 Length of Service (years, months, days):

         Active: 00 05 20
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 47

 Highest Rate: AN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF*                 Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: None

*No marks found in service record.

 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 :

030115:  DD Form 214: Applicant separated with an uncharacterized (entry level separation) by reason of convenience of the government due to a physical or mental condition, not a disability .

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20030115 with an uncharacterized (entry level separation) for convenience of the government due to a physical or mental condition, not a disability. (A). After a thorough review of the available records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (B and C). The presumption of regularity of governmental affairs was applied by the Board in this case in the absence of a complete discharge package (D).

Issue 1. In the Applicant’s case, the Board could discern no impropriety or inequity and therefore considered the Applicant’s discharge proper and equitable. The statement and document provided by the Applicant do not refute the presumption of regularity in this case. The evidence of record does not demonstrate that the Applicant was not properly diagnosed with a physical or mental condition, not a disability or that his subsequent discharge was improper or inequitable. The Board presumes regularity in the conduct of governmental affairs in the absence of persuasive evidence to the contrary. As such, this Board presumed that Applicant’s discharge was regular in all respects. Relief denied.

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 6 months in the military to warrant a change of discharge to "honorable." 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.

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), re-issued October 2002, effective 22 Aug 2002 until 22 Sep 2004, Article 1910-120 (formerly 3620200), SEPARATION BY REASON OF CONVENIENCE OF THE GOVERNMENT - PHYSICAL OR MENTAL CONDITIONS.

B. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety.

C. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity.

D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

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 “ http://Boards.law.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:

                  Secretary of the Navy Council of Review Boards
                   Attn: Naval Discharge Review Board
                   720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023

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