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NAVY | DRB | 2005_Navy | ND0500220
Original file (ND0500220.rtf) Auto-classification: Denied


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

ex-AN, USN
Docket No. ND05-00220

Applicant’s Request
The application for discharge review was received on 20041119. The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions and the reason for the discharge be changed “to something that I may Re-enter the US military.” 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 20050201. 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. However, the Board found that the narrative reason for separation was improper. The Board’s vote was unanimous that the character of the discharge shall not change, but that the narrative reason for separation shall change. The discharge shall change to: UNCHARACTERIZED (Entry Level Separation)/SECRETARIAL AUTHORITY, authority: NAVMILPERSMAN, Article 1910-164 (formerly 3630900). The separation code shall change to: JFF.









PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated
1. “So I may Re-enter the US-Military under another US Military Branch Here are some Documents, I am not very familiar with this Process If there is something that I missed Here. If possible let me know. Copy of DD 214 Here.

 The reason that I would like the Board to review and if possible upgrade my Discharge is to see if my RE-Code 4 could be changed to RE-3? Or something that I might re-enter the US Military as ARMY or National Guard, Coast Guard, Air Force.
When I left the US NAVY, I understood that I could try any other branch in the US Military. I would like to know if the RE-Code 4 could be upgrade to RE-Code 3 or RE-Code 3(?) something that I may re-enter the us military as Army or National Guard. I may have done my errors, but nobody is perfect, I and I may have not been Suited for the US NAVY, but I maybe I could do well in another US military branch. Also I was not too much time in the US Navy, only 20 days. I don’t think that is enough time to determine that I cant be of any service on another branch in the US Military.
But that is up to you the Board to decide. Just let me know.”
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)     010703 - 010808  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 010809               Date of Discharge: 010831

 Length of Service (years, months, days):

         Active: 00 00 23
         Inactive: None

 Age at Entry: 23                          Years Contracted: 4 (12 months extension)

 Education Level: 15                        AFQT: 35

 Highest Rate: AN

 Final Enlisted Performance Evaluation Averages (number of marks): None

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: None

 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 :

010823:  Medical Evaluation by Recruit Mental Health determined Applicant had an adjustment disorder. Recommended entry level separation.

010827:  Applicant notified of intended recommendation for discharge general (under honorable conditions) by reason of convenience of the government due to 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 an adjustment disorder.
010827:  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.
010828:  Commanding Officer directed an uncharacterized discharge by reason of convenience of the government on the basis of 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 an adjustment disorder.

.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20010831 with uncharacterized service due to a physical or mental 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 characterization was proper and equitable, but that the narrative reason was improper (C and D).

Issue 1. By regulation, members discharged within the first 180 days of enlistment are given characterization of service as “uncharacterized” unless there were unusual circumstances regarding performance or conduct which would merit an “honorable” characterization. The Applicant’s service record did not contain any unusual circumstances during his less than one month in the military to warrant a change of discharge. With respect to non-service related administrative matters, an uncharacterized separation is considered the equivalent of an honorable or general (under honorable conditions) characterization. Relief to the characterization of service is denied.

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. Neither a less than fully honorable discharge nor an unfavorable “RE” code is, in itself, a bar to reenlistment. A request for waiver is normally done only during the processing of a formal application for enlistment through a recruiter.

The Applicant was discharged by reason of convenience of the government on the basis of 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 an adjustment disorder. In order to be properly processed for administrative separation for this narrative reason, the Applicant should have been given a retention warning. Since the Board found that no retention warning was issued to the Applicant, the narrative reason for separation shall change to secretarial authority. Partial relief to the narrative reason for separation is therefore granted.

 There is no law, or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in civilian life, subsequent to leaving the service. However, the Applicant is reminded that he remains eligible for a personal appearance hearing, provided an application is received at the NDRB within 15 years from the date of his 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), Change 33, effective
28 Aug 01 until 21 Aug 2002, 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 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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