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NAVY | DRB | 2006_Navy | ND0600715
Original file (ND0600715.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. ND06-00715

Applicant’s Request
The application for discharge review was received on 20060502 . 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 20070223 . 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 ization of the discharge shall not change. The discharge shall remain Uncharacterized by reason of defective enlistment and induction due to failed medical/physical procurement standards .


PART I - ISSUES AND DOCUMENTATION


Decisional Issues :

None
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Member 4)
Medical Report from Provena United Samaritan Medical Center, dtd March 8, 2004

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     20020830 – 20030310               COG
          Active: None

Period of Service Under Review :
Date of Enlistment: 20030311              Date of Discharge: 20030411

Length of Service (years, months, days):

          Active: 00 0 1 0 1
         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: 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 A p plicable


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 :

030401:  Applicant evaluated by the Sports Medicine and Rehabilitative Therapy Team at the USS TRANQUILLITY Clinic, Great Lakes, IL with the following diagnosis: Right Knee Chronic Pain.
         Applicant testified that the above medical condition existed prior to enlistment in the United States Navy. This condition was not revealed at entrance Physical Examination. Applicant also testify that this condition was never treated by a physician prior to enlistment. Applicant acknowledged understanding that he will receive an Entry Level Medical Separation for this condition, since it was a pre-existing conditions.

030402 :  Medical Clinic, Naval Hospital Great Lakes,
         Entry Level M edical Separation for EPTE Condition :
                   Diagnosis: Knee Pain, Chronic   
                  This condition is Not corr ectable to meet Navy standards.
                  M_ MD., MC. USNR.
0 30407 :  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as general (under honorable conditions) by reason of defective enlistment and induction due to erroneous enlistment as evidenced by chronic knee pain.

0 30407 :  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 .
030408 :  C ommanding Officer directed the Applicant's discharge with an uncharacterized service by reason of defective enlistment and induction due to erroneous enlistment as evidenced by chronic knee pain.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20030411 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 Board presumed regularity in the conduct of governmental affairs (D).

The Applicant requests upgrade of his service characterization to honorable. 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 his less than 2 months in the military to warrant a change of discharge to honorable.

The Applicant provides a copy of a post service medical evaluation of his knee. The documentation provided by the Applicant does not refute the presumption of regularity in this case. The Applicant’s post service medical evaluation of does not invalidate an earlier diagnosis received while on active duty. Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question. No such error or inequity is evident during the Applicant’s enlistment. Relief not warranted.

The Applicant states that he wants to reinlist. The NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces. Reenlistment policy of the Naval service is promulgated by the Commander, Navy Recruiting Command, 5722 Integrity Drive, Bldg 784, Millington, TN 38054. Neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to reenlistment. A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter.

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), re-issued October 2002, effective 22 Aug 2002 until PRESENT, 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.

D. 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 Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction . You should read Enclosure (5) of the Instruction 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 Instruction 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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