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NAVY | DRB | 2006_Navy | ND0600535
Original file (ND0600535.rtf) Auto-classification: Denied


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

ex-AR, USN
Docket No. ND06-00535

Applicant ’s Request
The application for discharge review was received on 20060308 . The Applicant requests that 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 . ” 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 20070118 . 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 t hat the character of the discharge and the reason for discharge shall not change. The discharge shall remain Uncharacterized by reason of defective enlistment and induction due to failed medical/physical procurement standards .









The NDRB did note administrative error(s) on the original DD Form 214. Block 2 5 , Separation Authority , should read: “ MILPERSMAN, Article 1910-130 .” The Commander, Navy Personnel Command, Millington, TN, will be notified, recommending the DD Form 214 be corrected or reissued, as appropriate.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Decisional Issue
No decisional issues were submitted by the Applicant .

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant , was considered:
Department of Veterans Affairs, Board of Veterans Appeals ( BVA ) decision, dated          August 12, 2005 (2 pages)
 Applicant ’s DD Form 214 (Service 2)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19980912 - 19990614       COG
         Active: None

Period of Service Under Review :
Date of Enlistment: 19990615              Date of Discharge: 19990728

Length of Service (years, months, days):

          Active: 00 0 1 14
         Inactive: None

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

Age at Entry: 1 9

Years Contracted: 4
Education Level: 12                                 AFQT: 49

Highest Rate: AR

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 A pplicable


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

UNCHARACTERIZED / /FAILED MEDICAL/PHYSICAL PROCUREMENT STANDARDS, authority: MILPERSMAN, Article 1910-130 (formerly Article 3620280).

Chronological Listing of Significant Service Events :

990720 :  Medical evaluation at Neurology Clinic by S. N_, CDR, MC, USN, Psychology Staff.
         Chief Complaint: Prior tingling back and BLE, prior weakness BL E EPTE, often needing to sit.
          Assessment: Multiple somatic complaints including weakness, and sensory disorders.
          Plan: Per DoD Inst 6130.328, p t (Applicant) is unfit for naval service regardless of cause.
990721 :  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 evidenced by multiple somatic complaints.

990721 :  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.

990723 :  Commanding Officer, Recruit Training Command , directed the Applicant’s discharge with a characterization of uncharacterized service by reason of convenience of the government due to physical or mental conditions as evidenced by multiple somatic complaints . Commanding Officer’s comments: “ The diagnosed 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. ”

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 19990728 by reason of defective enlistment and induction due to failed medical/physical procurement standards (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).

The Applicant introduced no decisional issues for consideration by the Board.

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 2 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.

The Applicant requested that the reason for her discharge be changed to “medical.” The NDRB, under its responsibility to examine the propriety and equity of a discharge, will change the reason for discharge if such a change is warranted. On 19990720 the Applicant was examined by a competent medical authority, which documented that the Applicant’s “prior tingling back and bilateral lower extremities (BLE), prior weakness BLE existed prior to entry (EPTE).” The competent medical authority determined that the Applicant’s multiple somatic complaints, including weakness and sensory disorders, made the Applicant unfit for Naval service. In accordance with NAVPERS15560C, a member may be separated if the member did not meet the minimum physical standards for enlistment or induction upon entry, but the problem was revealed or discovered during the in-processing at Recruit Training Commands and/or at the Naval Training Centers. The summary of service clearly documents that defective enlistment and induction due to failed medical/physical procurement standards was the reason the Applicant was discharged. Since no other Narrative Reason for Separation more clearly describes why the Applicant was discharged, a change would be inappropriate. Relief based on this issue is not warranted.




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. The Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective 12 Dec 97 until 12 Jun 01, Article 1910-130 (formerly 3620280), Separation by Reason of Defective Enlistments and Inductions - Erroneous Enlistment.

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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