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NAVY | DRB | 2006_Navy | ND0600842
Original file (ND0600842.rtf) Auto-classification: Denied


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

ex-EMFN, USN
Docket No. ND06-00842

Applicant’s Request
The application for discharge review was received on 20060607 . 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 20070329 . After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, inequity in the characterization of the Applicant’s service was discovered by the NDRB. The Board’s vote was unanimous that the characterization of service shall change and that the reason for discharge shall remain the same. The discharge shall change to: HONORABLE / CONDITION NOT A DISABILITY , authority: MILPERSMAN 1910-1 20 , Separation Code “ HFV . ”










PART I - ISSUES AND DOCUMENTATION


Decisional Issues
Equity – Quality of service

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (2)
Eighty-one (81) pages from Service Record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: None   
         Active: None

Period of Service Under Review :
Date of Enlistment: 19990730              Date of Discharge: 20010222

Length of Service (years, months, days):

          Active: 0 1 0 6 22
         Inactive: None

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

Age at Entry: 18

Years Contracted: 4

Education Level: 12                                 AFQT: 38

Highest Rate: EMFN

Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.0 (1)               Behavior: 3.0 (1)                  OTA : 3.00

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): Battle “E” Award


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

GENERAL (UNDER HONORABLE CONDITIONS)/CONDITION, NOT A DISABILITY, authority: MILPERSMAN, Article 1910-120 (formerly 3620200).

 Chronological Listing of Significant Service Events :

010215 :  Medical evaluation by Fleet Mental Health Unit, Branch Medical Clinic, Naval Station, San Diego .
          Primary Diagnosis : Adjustment Disorder with Depressed Mood
         Primary Recommendation: The member is not considered to be mentally ill, but manifest a severe inability to adjust to the demands of military. She is likely to be a continued administrative and psychiatric burden if retained on active duty. She has been attempting to adjust to shipboard life for 9 months, and instead of improving, had been getting worse and is now exhibiting more symptoms than previously. Her mental condition does not amount to disability, but does affect her potential for continued active duty. She is deemed fit for return to duty for immediate processing for administrative separation, which should be carried out expeditiously in compliance with NAVMILPERSMAN 1910-120.

010221 :  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-Physical or Mental Conditions.
010221 :  Applicant advised of rights and having elec ted 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 .
010223 :  Commanding Officer, USS COMSTOCK (LSD 45) directed discharge with a general (under honorable conditions) by reason of Convenience of the Government-Physical or Mental Conditions . Commanding Officer’s comments : “ EM3 O_ has performed satisfactorily in her time onboard. She has not required counseling for misconduct or performance. Based on the diagnosis outlined in enclosure (2), EM3 O_ is unfit for service onboard ship, and her continued service will not benefit her or the Navy. Consequently, EM3 O_ is being separated from the Naval Service with a general discharge (Under Honorable Conditions) .”

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20010222 for convenience of the government due to a physical or mental condition, not a disability (A) with a service characterization of general (under honorable conditions). After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper but in equitable (B and C).

Equity – Quality service: The Applicant contends that her discharge should be upgraded to honorable due to her performance, behavior, and accomplishments while on active duty.

The Board found that in the Applicant’s case, the characterization of service should have been the honorable. A review of Applicant’s records indicated an honorable discharge was warranted. The Applicant’s performance and behavior marks were above the standard required for an honorable discharge and there is no adverse information that would have warranted any other characterization of her service. Therefore, relief to the character of service is granted.

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. 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 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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