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NAVY | DRB | 2004_Navy | ND04-01038
Original file (ND04-01038.rtf) Auto-classification: Denied


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

ex-DT3, USN
Docket No. ND04-01038

Applicant’s Request
The application for discharge review was received on 20040614. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requested a documentary record review. The Applicant did not list a representative on the DD Form 293.

Decision

A documentary review was conducted in Washington, D.C. on 20050304. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety in the discharge action but did discern an inequity in the characterization of service of the Applicant’s discharge. The Board’s vote was 3 to 2 that the character of the discharge shall change, and by unanimous vote that the narrative reason for discharge shall not change. The discharge shall change to: HONORABLE/CONDITION, NOT A DISABILITY, authority: NAVMILPERSMAN, Article 1910-120.






PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 1. “The discharge I received was improper due to the fact, that I received a discharge for medical condition and my performance does not reflect the discharge I received.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s Table of Contents letter to the Board, dated December 8, 2004
Applicant’s DD Form 214
Applicant’s letter to CO/ XO, and CMC, not dated
137 pages from Applicant’s military medical record
9 pages 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: 980827               Date of Discharge: 031010

 Length of Service (years, months, days):

         Active: 05 01 14
         Inactive: None

 Age at Entry: 21                          Years Contracted: 4 (21 month extension)

 Education Level: 12                        AFQT: 55

 Highest Rate: DT3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.00 (4)             Behavior: 3.50 (4)                OTA: 3.58

 Military Decorations: EMQBG (ARMY), MQBR (ARMY), GCM

 Unit/Campaign/Service Awards: NDSM, MUC(2)

 Days of Unauthorized Absence: None

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

GENERAL (UNDER HONORABLE CONDITIONS)/CONDITION, NOT A DISABILITY, authority: NAVMILPERSMAN, Article 1910-120 (formerly 3620200).

 Chronological Listing of Significant Service Events :

021213:  Applicant examined at Keesler AFB’s Sleep Disorders Center for possible obstructive sleep apnea with a four-year history of insomnia with episodes of awakening, gasping for air, feeling of choking, and sweating. Impression: Negative study for OSA.

030707:  Medical Evaluation: Applicant has been seen for ongoing sleep difficulties and mild anxiety. Applicant primarily seen for insomnia and does not have any major psychiatric disorders. Applicant has had sleep studies and medical workups that have not delineated a medical cause for his worsening sleep. AXIS I: Primary insomnia. Diagnosis: Applicant suffers from insomnia in part due to job stress. Recommendation: Transfer to another job site within the command. This may reduce job stress and may relieve insomnia.

030903:  Medical Evaluation : Applicant diagnosed with Adjustment Disorder mixed with anxiety and depressed mood.

031003:  Letter from Commanding Officer, Naval Dental Center Gulf Coast, subject is Adverse Performance Evaluation Report.

031008:  Applicant submitted rebuttal statement to Adverse Performance Evaluation Report. Applicant stated that he received 2.0 marks for Professional Performance and Team Work due to missed medical absences that affected the clinic detrimentally. Applicant stated that all absences were authorized due to medical appointments based on treatment for his diagnosed medical condition.

031010:  DD 214: Applicant discharged from active duty with a general (under honorable conditions) discharge by reason of a condition, not a disability in accordance with NAVMILPERSMAN, Article 1910-120.

No discharge package available to the board

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20031010 with a general (under honorable conditions) for convenience of the government due to a physical or mental condition, not a disability. (A). After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the board discerned no impropriety in the discharge action but did discern an inequity in the characterization of service of the Applicant’s discharge (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: The Board, under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the character of service and/or the reason for discharge if such change is warranted. For discharges based on condition/not a disability, the discharge should be honorable unless there exists justification for a general (under honorable conditions) characterization. The Board found no NJP’s, counseling records or evaluations sufficient to warrant a general (under honorable conditions) characterization. Therefore, the Board found that the Applicant’s general (under honorable characterization) was inequitable and voted 3 to 2 to change the Applicant’s discharge characterization to honorable. Relief granted.

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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