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NAVY | DRB | 2005_Navy | ND0500276
Original file (ND0500276.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT
FOR OFFICIAL USE ONLY

ex-AR, USN
Docket No. ND05-00276

Applicant’s Request
The application for discharge review was received on 20041130. The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable or medical. The Applicant requests a documentary record discharge review. The Applicant did not designate a representative on the DD Form 293.

 Decision

A documentary discharge review was conducted in Washington, D.C. on 20060216. 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 and reason for discharge shall not change. The discharge shall remain Uncharacterized by reason of entry level performance and conduct.





PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

“I was not given a discharge exam.”
“I was lied to about my discharge”
“I was taken advantage of because of my learning disabilities & my injury”

Documentation
Only the service record was reviewed. The Applicant did not provide additional documentation for the Board’s consideration.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     20011018 – 20011107               COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 20011108             Date of Discharge: 20020621

 Length of Service (years, months, days):

         Active: 00 07 14 (Does not exclude lost time.)
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence:    None
         Confinement:                       None

 Age at Entry: 21

 Years Contracted: 4

Education Level: 12                                 AFQT: 38/33

 Highest Rate: AR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NOB*                 Behavior: NOB*            OTA: NOB*

 Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): National Defense Service Medal.
* Not Observed


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

UNCHARACTERIZED/ ENTRY LEVEL PERFORMANCE AND CONDUCT; authority: MILPERSMAN, Article 1910-154 (formerly 3630200).

Chronological Listing of Significant Service Events :

011108:  Applicant commenced active duty for a period of four years.

 020612:  Evaluation Report & Counseling Record: Submitted upon Applicant’s Entry Level Separation.
020621:  DD Form 214: Applicant discharged with an uncharacterized discharge by reason of Entry Level Performance and Conduct.

Service Record did not contain the Administrative Discharge package.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20020621 by reason of by reason of entry level performance and conduct (A) with a service characterization of uncharacterized. 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 (B and C). The Board presumed regularity in the conduct of governmental affairs (D).

 By regulation, a discharge shall be deemed proper, unless it is determined that an error of fact, law, procedure, or discretion has substantially prejudiced the rights of the Applicant. The Applicant was discharged with an uncharacterized discharge by reason of entry level performance and conduct. A review of the Applicant’s service record revealed no evidence to convince the Board that the Applicant’s separation was improper or inequitable. A separation by reason of entry level performance and conduct requires that the Applicant be notified of separation within the first 180 days of continuous active duty and must have violated a NAVPERS 1070/613 counseling/retention warning. Although the Applicant was discharged after 225 days of active service, nothing in the record suggests that the Applicant was not notified for separation within the appropriate time frame. Based upon a lack of evidence to the contrary, the Board presumed the Applicant was notified within his first 180 days of service and that a NAVPERS 1070/613 was issued and violated concerning the Applicant’s deficiencies. The Board could find no error of fact, law, procedure, or discretion that might afford the Applicant relief. Thus, the Board concluded that relief at this time is not warranted.

The Applicant implies that his discharge was improper because he was not given a discharge exam, because he was lied to about his discharge, and he was taken advantage of because of his injury and learning disability. There is a presumption of regularity in the conduct of governmental affairs. This presumption permits the Board to presume that the government’s agents acted in good faith, proceeded within the bounds of the law, and conformed their behavior to appropriate standards during the Applicant’s Naval service and subsequent administrative processing. The Applicant bears the burden of establishing his issues through the presentation of substantial and credible evidence. There is no evidence in the record, nor has the Applicant produced any evidence, to support the contention that he was treated improperly during his administrative processing. The Applicant’s statements alone do not overcome the government’s presumption of regularity in this case. 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. 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 31, effective 25 Jan 01 until 21 Aug 02, Article 1910-154 (Previously 3630200), Separation By Reason Of Entry Level Performance And Conduct.

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, Para 211, Regularity of Government Affairs .


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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