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NAVY | DRB | 2005_Navy | ND0500302
Original file (ND0500302.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND05-00302

Applicant’s Request
The application for discharge review was received on 20041210. The Applicant requests the characterization of service received at the time of discharge be changed to honorable and the Narrative Reason for Separation be changed to “RE-1”. The Applicant requests 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 20050620. 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 shall not change. The discharge shall remain: UNCHARACTERIZED/FAILED PHYSICAL STANDARDS, authority: NAVMILPERSMAN, Article 3620260.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1. “I am currently in the NYS Army National Guard. I recently applied for a full time (age) position and was turned down because of my separation code (RE-4). I have been in the NYSARNG for seven years and have nothing negative in my file, I also graduated from Military Police Basic/AIT as the distinguished honor graduate. I do not feel that an incident that occurred in the past should hinder my career, considering my current military record.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Member 1 and 4)
Applicant’s DD Form 214 from the Army National Guard (2)
Diploma from United States Army Military Police School, dated June 12, 1998
Certificate of achievement from United Stats Army Training Brigade, dated June 12, 1998
Service School Academic Evaluation Report, DA Form 1059, dated November 20, 2001
Service School Academic Evaluation Report, DA Form 1059, dated April 12, 2002

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     931108 - 940815  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 940816               Date of Discharge: 941205

 Length of Service (years, months, days):

         Active: 00 03 20
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4 (12 months extension)

 Education Level: 12                        AFQT: 56

 Highest Rate: SR

 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 in service record.

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

UNCHARACTERIZED/FAILED PHYSICAL STANDARDS, authority: NAVMILPERSMAN, Article 3620260.

 Chronological Listing of Significant Service Events :

931012:  Letter from Applicant’s doctor at The Children’s Hospital, Albany Medical Center.
931104:  Chief, Bureau of Medicine and Surgery to Commander, Navy Recruiting Command requesting waiver of physical standards due to history of right middle ear surgery – currently asymptomatic and normal audiogram.

931105:  Commander, Navy Recruiting Command approved waiver of physical standards.

931108:  Applicant referred by MEPS for evaluation of a course systolic sound. Final impression: Normal cardiovascular consultation with no evidence of any cardiovascular impairment.

940920:  Cardiology: Applicant with 3 months history of recurrent chest pains. Assessment: Recurrent chest pains.

941012:  RTC Branch Clinic, Naval Hospital, Great Lakes, IL: Applicant seen multiple times for L sided CP. Last seen 2 weeks ago. Assessment: Persistant pedantic CP. No evidence of cardiac basis.

941017:  Naval Hospital, Cardiology Department: Indication: Chest pain. Conclusion: Normal ETT.
941018:  Applicant signed consent form for exercise stress testing.

 941130:  Commanding Officer directed discharge with an uncharacterized by reason of failed physical standards. Commanding Officer’s comments (verbatim): Subject named member has clearly demonstrated his unsuitability for further naval service as based upon his failure to satisfactorily meet the requirements of the Physical Readiness Test. It is evident that he does not possess the ability to complete the required course of instruction prior to transfer to the fleet. I hereby authorize separation from the naval service by reason of Entry Level Performance and/or Conduct with an Entry Level Separation.

Complete discharge package unavailable

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19941205 with an uncharacterized discharge for physical standards (failed to meet the minimum prescribed physical readiness (PRT) standards) (A and B). 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 (C and D). The presumption of regularity of governmental affairs was applied by the Board in this case in the absence of a complete discharge package (E).

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. The Applicant's service record did not contain any unusual circumstances during his less than 4 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.

Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, NDRB is not authorized to change a reenlistment code. An unfavorable “RE” code is, in itself, not a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.

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. The Applicant can provide documentation to support any claims of post-service accomplishments or any other evidence related to his discharge at that time. 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 9, effective
22 Jul 94 until 02 Oct 96, Article 3620260, SEPARATION OF ENLISTED PERSONNEL BY REASON OF WEIGHT CONTROL FAILURE.

B. The Naval Military Personnel Manual, (NAVPERS 15560C), Change 12, effective 21 Dec 94 until 02 Oct 96, Article 3420440, HEALTH AND PHYSICAL READINESS PROGRAM.

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 .
E. 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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