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NAVY | DRB | 2006_Navy | ND0600743
Original file (ND0600743.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND06-00743

Applicant’s Request
The application for discharge review was received on 20060412 . 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 20070301 . 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 entry level performance and conduct.




PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Member 4) (2)
Applicant’s DD Form 214 (Member 1) (2)
Excerpts from Service Record ( 14 pgs)
 Department of Transportation Certificate of Medical First Class
 Private Pilot Certificate
Repairman Certificate (2)
 Unofficial Student Transcript (3 pgs)
Letter from B_ N_, United States Senate, dtd December 21, 2005
Letter from R_ W_, Congress of the United States, dtd December 2, 2005
 Letter from M_ M_, United States Senator, dtd November 18, 2005
 Employment Reference ltr, dtd October 18, 2005
 Letter of Recommendation of Admission from LT B_ S. R_, Santaluces Community High School, dtd May 10, 1996
 Letter from Applicant, dtd October 10, 2005
 Reference Letter from D_ F_, dtd October 10, 2005
 Employment Reference ltr, dtd May 17, 2005
 Character Reference ltr, dtd June 1, 2005 from J_ M_
Reference Letter from S_ M_, dtd October 12, 2005

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19960724 - 19970709       COG
          Active: None

Period of Service Under Review :
Date of Enlistment: 19970710              Date of Discharge: 199 70805

Length of Service (years, months, days):

          Active: 00 00 26
         Inactive: None

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

Age at Entry: 18

Years Contracted: 4

Education Level: 12                                 AFQT: 52

Highest Rate: SR

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

Chronological Listing of Significant Service Events :

970724:  Medical evaluation by M_ M_, PsyD, Staff Psychologist, Recruit Evaluation Unit.
          AXIS I: Adjustment Disorder with mixed Anxiety and Depressed Mood, Acute, 309.28
         AXIS II: No Diagnosis, V71.09
         Recommendation: Entry Level Separation be effected because of the disqualifying psychiatric Axis I diagnosis .
970730 :  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 as evidenced by an adjustment disorder.

970730 :  Applicant advised of rights and having elected not to consult with counsel , e lected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation .
970731 :  C ommanding Officer, Recruit Training Command directed the Applicant's discharge with an uncharacterized service by reason of Convenience of the government as evidenced by an adjustment disorder.

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. 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 discharge 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 1 month 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 requests an upgrade of his reenlistment code in order to return to the military. Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, NDRB is not authorized to change a reenlistment code. 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 NDRB did note a technical impropriety in the Applicant’s separation processing. The record indicates that the notification and separation letter misstated the factual basis of the Applicant’s discharge. Nevertheless, the NDRB is convinced that this procedural error was not prejudicial to the Applicant and therefore affords him no relief. There is little doubt to the NDRB that the discharge would have remained the same if the error had not been made and thus relief based upon this error 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 14, effective 03 Oct 96 until 11 Dec 97), Article 3630200, SEPARATION OF ENLISTED PERSONNEL BY REASON OF ENTRY LEVEL PERFORMANCE AND 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 .

 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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