Search Decisions

Decision Text

NAVY | DRB | 2005_Navy | ND0501372
Original file (ND0501372.rtf) Auto-classification: Denied


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

ex-AOAR, USN
Docket No. ND05-01372

Applicant’s Request
The application for discharge review was received on 20050816. 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 20060421. 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 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 injured while in active duty service. I injured my left knee in July 1994 and my left ankle Aug-Sept. 1994.
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Appointment of Veterans Service Organization as Claimant’s representative, dtd January 10, 1995
VA Form 21-526, pages 7 through 10, dtd January 10, 1995

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19940107 - 19940424      COG
          Active: None
Period of Service Under Review :
Date of Enlistment: 19940425             Date of Discharge: 19941028

 Length of Service (years, months, days):

         Active: 00 06 04
         Inactive: None

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

 Age at Entry: 19

 Years Contracted: 4

 Education Level: 12                                 AFQT: 36

 Highest Rate: AOAR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.6 (1)                       Behavior: 3.6 (1)                 OTA: 3. 60

 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):

UNCHARACTERIZED/ ENTRY LEVEL PERFORMANCE AND CONDUCT; authority: MILPERSMAN, Article 3630200.

Chronological Listing of Significant Service Events :

941013:  Medical evaluation submitted by H. A. J_ Jr., MA and approved by C. J. H_, MC, USN at Mental Health Department.
          AXIS I: Adjustment disorder with depressed mood. Acute, moderately severe.
         Occupational problem, failure to adapt to naval service.
         AXIS II: Deferred.
         Recommendation: Separate for failure to adjust under the first six months of her contract.
941019:  Retention Warning: Advised of deficiency (Refusal to conform to military standards as shown by your refusal to attend required classes and acknowledge any military courtesies.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

941019:  Applicant’s statement to retention warning: “I will not comform to the statement said by Lieutenant I am not going to attend classes.”

 941021:  Applicant notified of intended recommendation for discharge, if approved the description of service will be entry level separation or the least favorable characterization of service as general by reason of entry level performance/failure to adapt to a military environment. Applicant signed acknowledgement of receipt 941024.

941021:  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. Applicant signed 941024.

941021:  Commanding Officer, Attack Squadron 128 recommended discharge with an entry level performance/failure to adjust to a military environment. Commanding Officer’s comments: “AOAR M_(Applicant) was unfit for further military service as diagnosed by the Chief of Psychiatry at the Naval Hospital Oak Harbor. Due to the severity of her condition, the possibility of harm she might inflict on herself and her lack of potential fo further military service, she was separated from Naval service. AOAR M_(Applicant) was in the United States Navy for less than six months and was given an entry level separation.”

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 19941028 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).

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 7 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, an uncharacterized separation is considered the equivalent of an honorable or general (under honorable conditions) 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. The Applicant can provide documentation to support any claims of post-service accomplishments or any additional evidence related to this 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 5, effective
05 Mar 93 until 2 Oct 96, Article 3630200, SEPARATION OF ENLISTED PERSONNEL BY REASON OF ENTRY LEVEL PERFORMANCE 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 .

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

Similar Decisions

  • NAVY | DRB | 2006_Navy | ND0600743

    Original file (ND0600743.rtf) Auto-classification: Denied

    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. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 19970805 by reason of by reason of entry level performance and conduct (A) with a service characterization of uncharacterized.

  • USMC | DRB | 2006_Marine | MD0600718

    Original file (MD0600718.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. The Board found no indication in the record that the Applicant was inequitably or improperly denied due process in either his NJP or administrative separation proceedings. The Board took note of the documents Applicant submitted indicating that he was notified of the recommendation for administrative separation on 19940921 and again on 19941019.

  • NAVY | DRB | 2002_Navy | ND02-00003

    Original file (ND02-00003.rtf) Auto-classification: Denied

    My discharge was inequitable because the reason listed was "ENTRY LEVEL PERFORMANCE/CONDUCT" The applicant's behavior, attitude and conduct were always, according to his Company Commanders, very good. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Letter from Applicant PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: USN None Inactive: USNR (DEP) 930216 -...

  • NAVY | DRB | 1999_Navy | ND99-00019

    Original file (ND99-00019.rtf) Auto-classification: Denied

    Returned to duty.970307: Applicant notified of intended recommendation for discharge by reason of Entry Level Performance and Conduct. Accordingly, SR (applicant's) discharge is approved per reference (a).” PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 970314 with an uncharacterized service by reason of entry level performance and conduct (A). After a thorough review of the records, supporting documents, facts, and circumstances...

  • NAVY | DRB | 1999_Navy | ND99-00751

    Original file (ND99-00751.rtf) Auto-classification: Denied

    This personality disorder existed prior to enlistment and is likely to continue even beyond discharge from military service. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 980911 with an uncharacterized service by reason of entry level performance and conduct (A). The Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective 12 Dec 97 until PRESENT, Article 1910-154 (Previously 3630200), Separation by Reason of Entry...

  • NAVY | DRB | 1999_Navy | ND99-00946

    Original file (ND99-00946.rtf) Auto-classification: Denied

    980413: Applicant notified of intended recommendation for discharge by reason of entry level performance and conduct - failure to adapt to the Military environment. 980715: CO, FLEASWTRACEN, San Diego advised BUPERS that applicant was discharged on 13 March 1998 [DD 214 states discharge date of 15 Apr 98] with an uncharacterized discharge by reason of entry level performance and conduct - failure to adapt to the military environment. The applicant’s discharge shall change to General Under...

  • NAVY | DRB | 2000_Navy | ND00-00077

    Original file (ND00-00077.rtf) Auto-classification: Denied

    ND00-00077 Applicant’s Request The application for discharge review, received 991021, requested that the characterization of service on the discharge be changed to Honorable and the reason for discharge be changed to medical condition. No know medical or psychiatric reason for this service member not to be declared fit for full duty world wide as long as command accepts his reading difficulty as noted above.990720: Psychiatry ER: Impression: 1) Adjustment disorder with depressed mood, 2) v...

  • NAVY | DRB | 2007_Navy | ND0700975

    Original file (ND0700975.rtf) Auto-classification: Denied

    After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Medical and Service Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found that Summary of Service Prior Service: Inactive: USNR (DEP)19910821 - 19920713Active: Period of Service Under Review: Date of Enlistment: 19920714Years Contracted:; Extension: Date of Discharge:19920806Length of Service: Yrs Mths23 DysLost Time:Days UA: Days Confined: Education Level:...

  • NAVY | DRB | 1999_Navy | ND99-00271

    Original file (ND99-00271.rtf) Auto-classification: Denied

    His potential for further useful service to the United States Navy was assessed as inadequate and the applicant was recommended for separation based on Entry Level Performance.960710: Retention Warning: Applicant advised of deficiency in conduct as evidenced by failure to adapt to the military environment. In my opinion, he has no potential for future active Naval service; therefore, I have directed that he be discharged by reason of Entry Level Performance and Conduct.” PART III –...

  • NAVY | DRB | 2007_Navy | ND0700058

    Original file (ND0700058.rtf) Auto-classification: Denied

    The Board determined that the documentation provided by the Applicant did not warrant a change in the Applicant’s characterization of service. Elements of Discharge: [INVOLUNTARY] Date Notified:19911002Reason for Discharge Least Favorable Characterization Authorized: ENTRY LEVEL SEPARATIONDate Applicant Responded to Notification: 19911002Rights Elected at Notification:Consult with Counsel Obtain Copies of Documents Submit Statement(s) (date)Administrative Board Separation Authority...