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NAVY | DRB | 2006_Navy | ND0600382
Original file (ND0600382.rtf) Auto-classification: Denied


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

ex-FR, USN
Docket No. ND06-00382

Applicant ’s Request
The application for discharge review was received on 20060110 . The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable and the Narrative Reason for Separation be changed to “ Medical , Aggravated in S VC .” 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 20061116 . 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 for convenience of the government due to a physical or mental condition, not a disability.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant ’s issues, as stated on the application:
“ ISSUE 1. My discharge was inequitable because my chain of command did not fully explain to me what I was accepting. My age and lack of knowledge enabled them to coerced me into accepting an uncharacterized discharge.

ISSUE 2. Though my time in service was short, I presented zero character problems in service and served Honorably.

ISSUE 3. All information pertaining to my physical condition was released to my recruiter prior to my enlistment. See attached report of medical exam and history which I disclosed upon entry.

 ISSUE 4. Discharge should be changed to the narrative “disability aggravated in service ” ”

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant , was considered:
Applicant ’s Report of Medical Examination, dated August 31, 1997 (2 pages)
 Applicant ’s Report of Medical History, dated August 31, 1997 (2 pages)
 Applicant ’s DD Form 214 (Member 4)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19990907 - 19990914       COG
         Active: None
Period of Service Under Review :
Date of Enlistment: 19990915              Date of Discharge: 19991203

Length of Service (years, months, days):

          Active: 00 02 19
         Inactive: None

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

Age at Entry: 21

Years Contracted: 4
Education Level: 12                                 AFQT: 36

Highest Rate: FR

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 /ERRONEOUS ENTRY (OTHER), authority: NAVMILPERSMAN, Article 1910-1 30 (formerly Article 3620280).

Chronological Listing of Significant Service Events :

991117:  Recruit Mental Health, Administrative Separation Recommendation from M_ J. G_, Ph.D., Clinical Psychologist: It was determined that SR ( Applicant ) has Somatoform disorder not otherwise specified.
         Comments: SR (Applicant) has been examined extensively by medical and administered psychological test (PAI) at REU. Indications evident to confirm diagnosis above.
 Plan/Recommendation:
          1. Entry level separation due to disqualifying psychiatric condition affecting SR’s potential for performance of expected duties and responsibilities while on active duty.
         2. SR was educated regarding this condition and encouraged to seek treatment following separation. SR is suitable to report to Separation Division.
991129 :  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 due to physical or mental conditions as evi denced by a somatoform disorder.

991129 :  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.

991130:   Commanding Officer, Recruit Training Command, Great Lakes, IL , authorized the Applicant ’s dis charge by reason of convenience of the government due to physical or mental conditions as evidenced by somatoform disorder with service as uncharacterized . Commanding Officer’s comments: “ As evidenced by enclosure (2), the di agnosed condition has interfered with this recruit’s assignment to and performance of duties, or will prevent the member from performing expected duties and responsibilities. I authorize separation from the naval service with an Entry Level Separation. Reentry Code: RE-4 .”

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 19991203 by reason of convenience of the government due to a condition not a disability (A) with a service characterization of uncharacterized . A fter 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 ).

The Applicant was processed for separation by reason of convenience of the government due to a physical or mental condition not a disability, based on competent medical authority’s diagnosis that he had a somatose disorder not otherwise specified. The Board found no evidence to indicate that the diagnosis was incorrect, improper or inaccurate , and the Applicant does not dispute this diagnosis in his petition to the Board. During the review of the Applicant’s records, the Board did discover that the Applicant’s administrative separation processing was not in full compliance with applicable regulations. For separations based on condition not a disability, regulations require that the condition not a disability exist and that the member receive a discharge warning (NAVPERS 1070/613) prior to the Applicant being processed for separation. The evidence of record did not reveal that the Applicant was issued a proper discharge warning. However, after considering the circumstances unique to the case, the Board determined that the error was not prejudicial to the Applicant and therefore affords him no relief. The Board found no evidence that the Applicant was improperly notified of his rights in the administrative separation process or that he was coerced into forgoing any of his rights. The Board determined that the substantive basis for the discharge would have remained the same if the administrative error had not been made and thus relief based upon such error is not warranted.

B y 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 3 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 to one for a physical disability or “medical, aggravated in service” as requested. 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. As addressed above, the NDRB did note that the Applicant’s DD 214 does not reflect the reason for which he was separated and should be administratively corrected.

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 24, effective
 20 May 99 until 27 Aug 01, 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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