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NAVY | DRB | 2005_Navy | ND0500116
Original file (ND0500116.rtf) Auto-classification: Denied


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

ex-AR, USN
Docket No. ND05-00116

Applicant’s Request
The application for discharge review, received 20041022, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to “physical disability.” The Applicant requested a documentary record review. The Applicant did not list any representative on the DD Form 293.

Decision

A documentary review was conducted in Washington, D.C. on 20050511. 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 and reason for discharge shall not change. The discharge shall remain: UNCHARACTERIZED (ENTRY LEVEL SEPARATION)/FAILED MEDICAL/PHYSICAL PROCUREMENT STANDARDS, authority: NAVMILPERSMAN, Article 1910-130.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

“1. Character of discharge: Indicates “uncharacterized – entry level separation”. It was determined by the Navy that the asthma I was diagnosed with existed prior to entry and my enlistment was “erroneous”

2. Reason for discharge:
The enlistment physical shows that the lungs and chest are “normal”, based on clinical evaluation. I had not experienced any symptoms of asthma prior to enlistment.

3. Argument: The medical condition did not exist until after arrival at basic training and should be considered a physical disability (honorable) discharge.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Medical examination, dated March 26, 2002
Two pages from Applicant’s service record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     020326 - 020401  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 020402               Date of Discharge: 020513

 Length of Service (years, months, days):

         Active: 00 01 12
         Inactive: None

 Age at Entry: 21                          Years Contracted: 4 (12 months extension)

 Education Level: 12                        AFQT: 63

 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 (ENTRY LEVEL SEPARATION)/FAILED MEDICAL/PHYSICAL PROCUREMENT STANDARDS, authority: NAVMILPERSMAN, Article 1910-130.

 Chronological Listing of Significant Service Events :
020501:  Asthma Screening Clinic: Applicant has clinical and objective evidence of asthma – moderate.

020501:  Medical evaluation: Diagnosis: Asthma. This condition was not considered correctible to meet Navy standards.

020506:  Applicant notified of intended recommendation for discharge by reason of defective enlistment and induction due to erroneous enlistment as evidenced by asthma. The least favorable characterization of service possible is General (Under Honorable Conditions).
020506:  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.

020507:  Commanding Officer directed discharge with an uncharacterized service by reason of defective enlistment and induction due to failed medical/physical procurement standards.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20020513 with an uncharacterized service for defective enlistment and induction due to failed medical/physical procurement standards (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. Normally, to permit relief, an impropriety or inequity must have existed during the period of enlistment in question. No such impropriety or inequity is evident during the Applicant’s enlistment. 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 3 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.

For the edification of the Applicant, the NDRB does not have the authority to change a narrative reason for separation to one for a physical disability as requested. Only the Board for Correction of Naval Records can grant this type of narrative reason change. The Applicant may petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100, concerning relief in this matter.

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. The Naval Military Personnel Manual, (NAVPERS 15560C), Change 33, effective 13 Jun 01 until 21 Aug 02, Article 1910-130 (formerly 3620280), Separation by Reason of Defective Enlistments and Inductions - Erroneous Enlistment.

B. 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.

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

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


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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