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NAVY | DRB | 2005_Navy | ND0501484
Original file (ND0501484.rtf) Auto-classification: Denied


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

ex-SN, USN
Docket No. ND05-01484

Applicant’s Request
The application for discharge review was received on 20050906. 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 20060619. After a thorough review of the available 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 General (Under Honorable Conditions) by reason of failed physical standards (failed to meet the minimum prescribed physical readiness (PRT) standards).



PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

“I am requesting this upgrade, so I may attend college, and also be able to receive the rest of my benefits.”
Documentation
Only the service and medical records 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)     19931201 - 19940710      COG
          Active: None

 Period of Service Under Review :
Date of Enlistment: 19940711             Date of Discharge: 19960726

 Length of Service (years, months, days):

         Active: 02 00 16
         Inactive: None

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

 Age at Entry: 17 (Parental Consent)

 Years Contracted: 4 (12 month extension)

 Education Level: 12                                 AFQT: 52

 Highest Rate: SN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NOB                           Behavior: 3.8 (1)        OTA: 3 . 80        4.0 eval
 Performance: 1.0 (2)                       Behavior: 1.0 (2)        OTA: 1.67        5.0 evals

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)/ FAILED PHYSICAL STANDARDS, authority: MILPERSMAN, Article 3620260.
Chronological Listing of Significant Service Events :

941130:  Physical Therapy: Reason for request: Three week history of tenderness and mild edema to medial ankle S/P jogging. Some improvement seen, but not total. Please evaluate for PT ed (self exercise). A: Three week S/P ankle sprain, unresolved L ankle medial tenderness. P: Instructed Prt on PT ankle rehab protocol Ex. Follow up with therapist when appointment available. Cont H PT as per PT/MO orders.

941212:  Medical: S: Sustained inversion sprain few weeks ago. A: ankle sprain. STG/LTG – Full activity 1 month. P: QD for above. Re check 2 weeks.

950127:  ACB-1 Medical Department: A: Complaints of L ankle x 2 wks. A: Strain L ankle. P: Patient advise to return on Monday for IDC eval.

950817:  ACB-1 Medical Department: A: Complaints of a sharp pain to R shoulder blade near middle of her back. A: Muscle strain. P: Motrin. PRN pair with food or milk. Take ever 6 hours P.O. Apply ice as needed for pain. Limited use of extremities L arm x 2 days. RTC as needed.

950821:  ACB-1 Medical Department: Re-evaluation for light duty status. Injury sustained on: 17Aug95. PT says “I was doing push-ups and I felt a nerve pinch in my shoulder blade. R side radiating to my R arm. Pt was placed on limited duty. No numbness or tingling to arms or legs.

950821:  Limited duty extended x 1 wk.

960102:  ACB-Medical Department: Right ankle pain ? Etiology. Light duty.

960104:  Naval Medical Center, San Diego, CA: Complaints of left lower quadrant pain x 1 day. A: Presumed L ovarian cyst. P: OB-GYN phone consult with Dr. W_. Increase Motrin. If pain persist > 2 days would have patient follow up at OB/GYN for u/s eval. If pain worsens, or fever, n/v develops would go to ER immediately. Follow up in AM.

960325:  Naval Medical Center, San Diego, CA: Complaints of left lower quadrant with increased pain x 2 days. Pt was diagnosed with L ovarian cyst in Jan96. A/P: Presumed L ovarian cyst with adequate control with Motrin or Tylenol. Refilled Motrin. Discussed with pt birth control options. BCP and Depo Provena fill for birth control decrease ovarian cyst pain. Patient will consider options. Follow up PRN. Patient expresses understanding of A/P.

960422:  ACB-1 Medical Department: S: LBP x 1 day. O: Obese female in NAD. Back PE: FROM and strength with tenderness to mid back bilateral. A: Muscular back strain. P: Motrin with food for pain. Back strengthening exercises. RTD/RTC prn. Patient educated on diagnosis and treatment.

960618:  ACB-1 Medical Department: S: LBP x 1 week. A: Lower lumbar strain. P: Motrin. Light duty for 7 days. RTC if problems persist.

960725:  Applicant found qualified for separation. Height: 5’6”. Weight: 185 pounds.

 960726:  DD Form 214: Applicant discharged with a general (under honorable conditions) by reason of failed physical standards, authority: MILPERSMAN, Article 3620260.

Service Record did not contain the Administrative Discharge package.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 19960726 by reason of failed physical standards (failed to meet the minimum prescribed physical readiness (PRT) standards) (A and B) 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 and equitable (C and D). The Board presumed regularity in the conduct of governmental affairs (E).

 In the absence of a complete discharge package, the Board presumed that the Applicant’s record during this enlistment met the criteria for separation by reason of failed physical standards in accordance with MILPERSMAN 3620260. The Applicant bears the burden of overcoming this presumption of regularity by presenting any substantial and credible evidence. The Applicant did not provide any documentary evidence to challenge the propriety or equity of the discharge. Therefore, the Board considered the Applicant’s discharge proper and equitable. Relief not warranted.

The Applicant contends her discharge should be honorable. Under applicable regulations, separations based on failed physical standards may be characterized as honorable, general (under honorable conditions), or entry-level separation. A general discharge may be warranted if the Applicant’s service contains records of nonjudicial punishments, disciplinary actions, or if other significant negative aspects existed, which outweighed the positive aspects of the member’s period of service. Additionally, a general discharge may be warranted if the Applicant’s performance evaluation averages are not sufficient to merit an honorable discharge. While the Applicant’s record contains no evidence of NJP, her performance evaluations were insufficient to merit an honorable discharge. In light of this evidence, the NDRB unanimously concluded that the Applicant’s discharge characterization of general (under honorable conditions) was proper and equitable. Relief denied.
The Applicant is advised that the Veterans Administration determines eligibility for post-service benefits not the Naval Discharge Review Board. There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits or enhancing employment and educational opportunities. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge. Since, these issues do not serve to provide a foundation upon which the Board can grant relief, relief on this basis is 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. The Applicant can provide documentation to support post-service accomplishments or any other evidence related to the 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, (formerly 3620250), 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, Para 211, Regularity of Government Affairs .


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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