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NAVY | DRB | 2005_Navy | ND0500403
Original file (ND0500403.rtf) Auto-classification: Denied


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

ex-SA, USN
Docket No. ND05-00403

Applicant’s Request
The application for discharge review was received on 20050104. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a documentary record review. The Applicant listed the Veterans of Foreign Wars as the representative on the DD Form 293.

Decision

A documentary review was conducted in Washington, D.C. on 20050727. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, an impropriety in the Applicant ’ s Narrative Reason for Separation was discovered by the NDRB. The Board’s vote was unanimous that the Narrative Reason for Separation shall change. The discharge shall change to: UNCHARACTERIZED (Entry Level Separation)/SECRETARIAL AUTHORITY, authority: NAVMILPERSMAN, Article 1910-164.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

“Attachments: Navy medical records indicating decline in depression and increase in medication over approx 5 week span.
-Internet posting from FDA showing the medication I was on during service has recently tested to have negative effects.
-DD214”

 Issues submitted by Applicant’s representative (Veterans of Foreign Wars):

“We ask after your careful review of the evidence of record and the applicants issue that you change the discharge as requested by the Applicant.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Applicant’s medical records (18 pages)
Internet article, U.S. Advisory Panel Calls for Stronger Warnings on Antidepressants , September 22, 2004
Questions and Answers on Regulatory Changes for Antidepressant Drugs in the U.K., December 6, 2004 (2 pages)
Internet webpage, Therapeutic Products Directorate: TPD-Web , Health Canada, June 3, 2004 (4 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     010613 - 010702  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 010703               Date of Discharge: 011217

 Length of Service (years, months, days):

         Active: 00 05 15
         Inactive: None

 Age at Entry: 23                          Years Contracted: 4 (24 months extension)

 Education Level: 13                        AFQT: 73

 Highest Rate: SA

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

 Chronological Listing of Significant Service Events :

011102:  Psychological Evaluation: AXIS I: Dysthymia, EPTE. Applicant is considered unsuitable for military service.

011121:  Applicant notified of intended recommendation for discharge by reason of convenience of the government due 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 dysthymic disorder, EPTE. The Applicant was notified that the least favorable characterization of service possible is general (under honorable conditions).
011121:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27(b), elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.
011204:  Commanding Officer directed discharge with an uncharacterized (entry level separation) by reason of convenience of the government on the basis of a. 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 dysthymic disorder, EPTE.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20011217 with an uncharacterized (entry level separation) 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 found a procedural impropriety occurred during the Applicant ’ s discharge processing (B). Despite the error however, the Board concluded the Applicant ’ s discharge was equitably characterized (C).

Separations initiated by the government and based on convenience of the government-physical or mental conditions require that the servicemember be formally counseled on his deficiency through the issuance of a form NAVPERS 1070/613. This counseling entry is given to permit the member an opportunity to overcome his disqualifying condition. Unlike separations by reason of convenience of the government-personality disorder, there is no exception to this rule, even if the Applicant is diagnosed as a danger to self or others. The record contains evidence that the Applicant was never given the required NAVPERS 1070/613 counseling entry prior to the initiation of administrative discharge processing procedures. Specifically, the Board found that the Commanding Officer indicated in his recommendation that the required NAVPERS 1070/613 counseling entry had not been given to the Applicant. The Board concluded that the absence of this counseling record constituted a procedural impropriety requiring a correction to the Applicant’s DD-214. As such, the Board voted unanimously to change the Narrative Reason for Separation to “Secretarial Authority”.

 Despite this procedural impropriety, the Board concluded that the Applicant’s service was equitably characterized. By regulation, members notified of intended recommendation for discharge within the first 180 days of enlistment are eligible for an uncharacterized or entry-level separation characterization of service. Unless there were unusual circumstances regarding a servicemember’s performance or conduct that would merit an honorable characterization, an uncharacterized discharge is generally considered the most appropriate characterization of a member’s service. The Applicant's service record did not contain any unusual circumstances during his less than six 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. 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. 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 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 .
.

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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