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NAVY | DRB | 2006_Navy | ND0600890
Original file (ND0600890.rtf) Auto-classification: Denied


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

ex-SA, USN
Docket No. ND06-00890

Applicant’s Request
The application for discharge review was received on 20060504 . 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 “ Reenter . ” The Applicant requests a personal appearance hearing discharge review before the Board in the Washington, D.C. Metropolitan area . The Applicant did not respond to subsequent correspondence concerning review. Therefore the Nav al Discharge Review Board (NDRB), on it own motion, converted the request to a documentary record review. The Applicant remains eligible for personal appearance hearing. The Applicant did not designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20070405 . 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 (Entry Level Separation) for convenience of the government due to a physical or mental condition, not a disability.



PART I - ISSUES AND DOCUMENTATION


Decisional Issues
Propriety /Equity -- Unfairly discharged/ D oes not have mental disorder

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Member 4)
Applicant’s Social Security Card
Applicant’s Birth Certificate
Letter from Congressman G_ G_, dtd August 22, 2005
 Letter from J_ L_, Med, LPC Psychotherapist, dtd September 4, 2005

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     20050621 - 20050718       COG
          Active: None
Period of Service Under Review :
Date of Enlistment: 20050719              Date of Discharge: 20050815

Length of Service (years, months, days):

          Active: 00 00 27
         Inactive: None

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

Age at Entry: 19

Years Contracted: 4

Education Level: 12                                 AFQT: 36

Highest Rate: SA

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/CONDITION, NOT A DISABILITY, authority: MILPERSMAN, Article 1910-120 (formerly 3620200).
Chronological Listing of Significant Service Events :

0 50725 :  Medical evaluation by Head, Recruit Mental, NHGL:
 Applicant evaluated at 1007 treatment center with return to brig 2_, conduct wherein he assaulted an MP.
          AXIS I: Adj D/O with MDEZ R/O Psychotic D/O NOS
         AXIS II: Cluster B traits R/O D/O.
         AXIS III: No ne
 AXIS IV: OLC prob
AXIS V: 51 (current)
          Assessment: 22 year old male with troubling, but not manifestly bizarre behavior. There is not enough evidence currently to support a disorder of thought process, & safety concerns, merit continued incarceration .
         Plan: Rtn to brig, will F/U tomorrow if not expeditiously administratively separated.
        
050726 :  Retention Warning: Advised of deficiency ( As evidenced by your diagnosis on 050725 for adjustment disorder affecting your potential for performance of expected duties and responsibilities while on active duty, which poses a risk if you are retained in the U.S. Navy .), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
050726 :  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.

0 5072 7 :  Applicant advised of rights and having consulted with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation and the right to G eneral C ourt -M artial C onvening A uthority (GCMCA) review, if you have less than 6 years of total active and/or reserve military service . GCMCA staff member’s case must be forwarded to another officer having GCMCA or Navy Personnel Command (NAVPERSCOM) (PERS-832) for review. If elected, GCMCA or higher assumes separation authority responsibility.

0 50801 :  Commanding Officer recommended discharge with an uncharacterized service by reason of convenience of the government-physical or mental conditions.

050809 :  GCMCA, Commander, Naval Service Training Command directed the Applicant's discharge with uncharacterized service by reason of condition, not a disability.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20050815 for convenience of the government due to a physical or mental condition, not a disability (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 states that he was improperly discharged and would like his Narrative reason changed. The NDRB, under its responsibility to examine the propriety and equity of an Applicant's discharge, will change the reason for discharge if such a change is warranted. The Applicant was diagnosed with an adjustment disorder by a competent medical authority on 20050725. The evidence provided by the Applicant did not persuade the Board that this diagnosis and subsequent administrative separation were improper or inequitable. The Applicant's DD Form 214, Block 28, Narrative Reason for Separation, indicates he was separated for a Condition Not a Disability. No other Narrative Reason could more clearly describe why the Applicant was discharged. To change the Narrative Reason would be inappropriate. Relief denied.

The Applicant requested a change to 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 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), effective 25 May 2005 until Present, Article 1910-120, 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 .

 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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