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NAVY | DRB | 2005_Navy | ND0500469
Original file (ND0500469.rtf) Auto-classification: Denied


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

FOR OFFICIAL USE ONLY

ex-HA, USN
Docket No. ND05-00469

Applicant’s Request
The application for discharge review was received on 20050125. The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. 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 20050831. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, an inequity in the characterization of the Applicant’s service was discovered by the NDRB. The Board’s vote was unanimous that the discharge shall change to: HONORABLE.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

“Honorable discharge required for eligibility to receive G.I. Bill/college fund. $40,000 college fund on enlistment contract. No personal funds/inadequate income for college classes. My separation agent (PN2 D_, NAS PAX RIVER, (telephone number deleted)) explained - verbally to me that I was still eligible to receive G.I. Bill upon separation - no explanation for having to upgrade my separation code to receive G.I. Bill, I later found out. Must have G.I. Bill, or no schooling possible.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Letter from Applicant to Congressman D_ M’s office, dtd October 26, 2004
Applicant’s DD Form 214 (Member 1)
Aspplicant’s service record documents (7 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     20020726 - 20030121                        COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 20030122             Date of Discharge: 20031023

 Length of Service (years, months, days):

         Active: 00 09 02
         Inactive: None

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

 Age at Entry: 19

 Years Contracted: 4 (12 month extension)
Education Level: 12                                 AFQT: 54

 Highest Rate: HA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (1)                      Behavior: 3.00 (1)                OTA: 3. 00

 Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): National Defense Service Medal


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

GENERAL (UNDER HONORABLE CONDITIONS)/CONDITION, NOT A DISABILITY, authority: MILPERSMAN, Article 1910-120 (formerly 3620200).
Chronological Listing of Significant Service Events :

030811:  Military Med PX: S: 19 year old male presents need for referral to mental health. Pt very reluctant to discuss in depth - “I prefer to speak with mental health”. Pt denies SI/HI. He says he wakes up during the night & is unsure of his whereabouts (his roommate denies hearing him get up/walk around). He says he is still interested in his hobby of writing, he has thought about a future in psych/medicine, his appetite has not changed, his energy level seems - decreased, he worries about his mental health. A/P: ? Depression (1) Behav. Med referral. (2) no SI/HI. (3) Pt will schedule with Behav. Med. Told to RTC PRN.

030903:  Aviation Med PX: Routine appointment. S: 19 year old male presents he feels tired because he hasn’t been able to get any sleep in the past 2 days. Reports insomnia last 2 nights. Has had similar episodes in past. Seeing behavioral health for “issues”. Denies ETOH. Positive tobacco but not near bed time. Sometimes obsesses with his thoughts.
         A: Insomnia due to psychological stressors: Has psych follow up on 8 Sep. Will try low dose sleeping aid to use PRN.
         P: (1) Ambien 5 mg t1 PO QHS prn #6. (2) F/U with LT.

031007:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as general (under honorable conditions) by reason of Convenience of the Government - Physical or Mental Conditions. [Extracted from supporting documents submitted by the Applicant.]

031007:  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation. [Missing second page.] [Extracted from supporting documents submitted by the Applicant.]
031008:  Commanding Officer, Naval Medical Clinic, Patuxent River, MD , directed the Applicant's discharge with a general (under honorable conditions) by reason of Convenience of the Government - Physical or Mental Conditions. [Extracted from supporting documents submitted by the Applicant.]

031016:  Naval Medical Clinic, Paxtuxent River, MD: Pt being seen by Mental Health. Patient qualified for separation.

Service Record contains a partial Administrative Discharge package.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20031023 for convenience of the government due to a physical or mental condition, not a disability (A) with a service characterization of general (under honorable conditions). 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, but inequitable (B and C).

For discharges based on condition, not a disability, the discharge should be honorable unless there exists justification for a general (under honorable conditions) or entry level separation characterization. The Board found no counselings, nonjudicial punishments or evaluations to warrant a general (under honorable conditions) characterization. Furthermore, the Applicant’s performance and evaluation marks covering his entire period of service merit an honorable discharge and indicate no deficiencies in the Applicant’s service. Therefore, the Board found that the Applicant’s general (under honorable characterization) was inequitable and voted unanimously to change the Applicant’s discharge characterization to honorable. Relief granted.

There is no requirement or law that grants recharacterization solely on the issue of obtaining educational benefits and this issue does not serve to provide a foundation upon which the Board can grant relief. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge.

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), re-issued October 2002, effective 22 Aug 2002 until 22 Sep 2004, 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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