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NAVY | DRB | 2005_Navy | ND0500910
Original file (ND0500910.rtf) Auto-classification: Denied


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

ex-FN, USN
Docket No. ND05-00910

Applicant’s Request
The application for discharge review was received on 20050504. The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions). 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 20051020. 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 disability, other.




 PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 No issues were submitted by the Applicant.
Documentation
Only the service, medical records and Physical Evaluation Board file were 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)     19970328 - 19971201      COG
          Active: None

 Period of Service Under Review :
Date of Enlistment: 19971202             Date of Discharge: 19980413

 Length of Service (years, months, days):

         Active: 00 04 12
         Inactive: None

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

 Age at Entry: 20

 Years Contracted: 4

 Education Level: 12                                 AFQT: 39

 Highest Rate: FN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NA*                                    Behavior: NA*             OTA: NA*

 Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): None
* Not Available


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

UNCHARACTERIZED/DISABILITY, OTHER, authority: MILPERSMAN, Article 1910-168 .
Chronological Listing of Significant Service Events :

971202:  Pre-service waiver for 1 nonminor misdemeanor (theft) granted.

980112:  Musculosketetal Department, Branch Medical Clinic 1017, Naval Hospital, Great Lakes, IL evaluation: Applicant diagnosis of bilateral medial tibial plateau, left distal tibial, and bilateral tarsonavicular stress fractures, DNEPTE.

980203:  Medical Board: Applicant diagnosed with bilateral medial tibial plateau stress fracture, Left distal tibial stress fracture, bilateral tarsonavicular stress fracture. Disposition: Refer to Physical Evaluation Board.

980227:  Physical Evaluation Board: Applicant found unfit due to 1: bilateral medial tibial plateau stress fracture. 2: Bilateral tarsonavicular stress fracture. 3: Left distal tribal stress fracture. Disposition recommendation: Separate from active duty with severance pay.

980310:  Applicant accepted the preliminary/reconsidered findings of the Physical Evaluation Board. Applicant waived her right to a formal hearing.

980327:  President, Physical Evaluation Board notification of decision: Applicant found unfit to perform the duties of her office, grade, or rank due to a physical disability.

980406:  BUPERS directed the Applicant's discharge with an uncharacterized service by reason of physical disability.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19980413 by reason of disability, other (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).

 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 her less than five 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.

For the edification of the Applicant, the NDRB does not have the authority to change a narrative reason for separation of physical disability. Only the Board for Correction of Naval Records can grant this type of narrative reason change. The Applicant may petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100, concerning relief in this matter.

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), Change18, effective 12 Dec 97 until 21 Aug 2002, Article 1910-168 (previously 3620270), Separation by Reason of Physical Disability.

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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