Search Decisions

Decision Text

NAVY | DRB | 2006_Navy | ND0601020
Original file (ND0601020.rtf) Auto-classification: Denied

ex-AR, USN
ND06-01020

 Current Discharge and Applicant’s Request :

Application Received:                               20 060725
Narrative Reason for Separation:                          
Character of Service:                               
Discharge Authority :                                MILPERSMAN 3620280
Last Duty Assignment/ Command at D ischarge:       RTC GREAT LAKES IL

Applicant’s Request:
         Narrative Reason change to:                     
         Characterization chang e to:               
         Review Requested :                          
Representation:                                             


Decision:

Date of Decision:                                             20      
The Discharge shall change :             
                                                     
Regarding p ropriety , the Board found the discharge :      
Regarding e quity , the Board found the discharge :         
( or BCD only) The Board found that clemency was:       
Vot e (characterization/reason)                      /
Location of Board:                                  Washington D.C.
Complete Service Record:                                   
Complete Medical Record:                          
Complete Discharge Package:                       




Summary of Service :

Prior Service:
 Inactive: USNR (DEP)                                19980903 - 19990105
Active: NONE              
Period of Service Under Review :
Date of Enlistment:                                 19990106
Years Contracted :                                  ;      
Date of Discharge:                                  19990204
Length of Service:                                  00 Yrs 00 Mos 29 Days Does not exclude lost time, if any.
Time Lost During This Period:                     
Days Unauthorized Absence:                              
Days Confinement:                                        

Education Level:                                   
Age at this Enlistment:                                    
AFQT:                                                 44
Highest Rate /Rank :                                   AR

Performance Evaluation Averages (number of marks):
 Performance :                                         N/A
Behavior :                                            N/A
OTA :                                                   N/A
Extracted from:
Applicant’s Supporting Documents Other:      

Awards and Decorations (as listed on the DD Form 214):
NONE



Service Record Entries Related to Characterization of Service or Narrative Reason for Separation

19990201:        Commanding officer, RTC ltr to Officer in Charge, PSA, RTC, Great Lakes. C.O. comments: The applicant’s diagnosed chronic atypical chest pain has interfered with his assignment to, and performance of duty. I authorize separation from the naval service with an entry level separation. Reentry code: RE-4.


Medical Record Entries Related to Characterization of Service or Narrative Reason for Separation
19990127 :        Branch Medical Clinic, Great Lakes, IL. Entry Level Medical Separation for condition that existed prior to entry.
         Diagnosis: Chronic Atypical chest pain.
         This condition is not correctable to meet Navy standards.


Elements of Discharge: [ IN VOLUNTARY]

Discharge Process :                                 
Date Notified :                                        19990128
Reason for Discharge                               
                                                     
                                                     
Least Favorable Characterization:                         
Record Supports Narrative Reason :                         
Date Applicant R esponded to N otification :                  19990128
Rights E lected at N otification :
Consult with Counsel                      
Administrative Board                      
Obtain Copies                             
Submit Statement(s)                       
GCMCA Review                               

Administrative Board Date:                              
Findings and Recommendations :                     
Reason for Discharge:                               ; ; Vote:      
Reason for Discharge:                               ; ; Vote:      
Reason for Discharge:                               ; ; Vote:      
Separation Warranted:                               ; Vote:      
Recommend ation Regarding Separation:              ;
Recommendation Regarding Characterization:       ; V ote:      
                                                     
Recommendation of Commanding Officer (date) :          
Discharge directed by (date):                       COMMANDING OFFICER 19990201
Narrative reason directed :                                  
Characterization directed:                                 
Date Applicant Discharged:                              
NDRB Documentary Review Conducted (date):             
NDRB Documentary Review Docket Number:        
NDRB Documentary Review Findings:                      


Elements of Discha rge [REQUESTED BY MEMBER]

 Discharge Process:
 Date Member Requested Separation :                                
Member Requested Separation Due To:                       
Characterization Requested:                                 
m ember Recognized Least Favorable:                         
Recommendation of Commanding Officer (date) :              ,      
Discharge directed by (date):                                             
Narrative reason directed                 :                                  
Characterization directed:                                          


Additional Information Considered by Board

 Type of d ocumentation submitted by t he Applicant and considered by the Board
        Document Type                                        #Pages
 Related to Period of Service Under Review :
          Service/Medical Record :                              1
         Other Period of Service:                                    0
Related to Post-Service Period:
          Community Service :                                   0
         Education :                                           0
         Employment :                                          0
         Health /Medical :                                       0
         Character Statements:                               0
         Criminal Records Checks:                                    0
         Additional Statements from Applicant:             0
Other Documentation      (Describe Below)                 0

Total Number of Pages:                              1

D escription of Other Documentation:
     


Discussion

 P ropriety and Equity
 There is a presumption of regularity in the conduct of Government affairs. This presumption will be applied in any review unless there is substantial credible evidence to rebut the presumption , to include evidence submitted by the Applicant . A fter a thorough review of the available evidence , to include the Applicant’s Summary of Service, Service Record Entries , Med ical Record Entries, Elements of Discharge and evidence submitted by the Applicant, the Board found the Applicant’s discharge proper and equitable.

[discuss issues here]
Applicant’s Issues as Summarized by the Board:
 1.
2.
3.
 4.
Acceptance of Applicant’s Issues:
 The Board accepted Issue(s) 1-2 for consideration.

Issue 1 (Propriety).

Issue 2 (Equity).
Regarding the Applicant’s Issues 3-4, t he Board determined that which can form the basis of relief for the Applicant or that the Board did not have the authority to grant the relief for which the Applicant petitioned. The Applicant is directed to the Addendum regarding these Issue(s) .




Minority Opinion

 None
Signature:_____________________


Pertinent Regulation/Law
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 II , Para 211, Regularity of Government Affairs , Part V, Para 502, Propriety and Para 503, Equity .

ADDENDUM: Information for the Applicant
Complaint Procedures : 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 ” .

Additional Reviews : Subsequent to a document review, former members are eligible for a personal appearance hearing, provided the 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. If a former member has been discharged for more than 15 years, has already been granted a personal appearance hearing or has otherwise exhausted his opportunities before the NDRB, the Applicant may petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100 for further review.

Service Benefits: The Veterans Administration determines eligibility for post-service benefits, not the Naval Discharge Review Board. There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits and this issue does not serve to provide a foundation upon which the Board can grant relief.

Employment / Educational Opportunities : The Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Regulations limit the Board’s review to a determination of the propriety and equity of the discharge.

Reenlistment/ RE-code: Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, the NDRB is not authorized to change a reenlistment code. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities. An unfavorable “RE” code is, in itself, not a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.
Medical Conditions and Misconduct : DoD disability regulations do not preclude a disciplinary separation. Appropriate regulations stipulate that separations for misconduct take precedence over potential separations for other reasons. Whenever a member is being processed through the Physical Evaluation Board, and subsequently is processed for an administrative involuntary separation for misconduct, the disability evaluation is suspended. The Physical Evaluation Board case remains in suspense pending the outcome of the non-disability proceedings. If the action includes either a punitive or administrative discharge for misconduct, the medical board report is filed in the member’s terminated health record. Additionally, the NDRB does not have the authority to change a narrative reason for separation to one indicating a medical disability or “PTSD.” Only the Board for Correction of Naval Records can grant this type of narrative reason change.

Automatic Upgrades - There is no law or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving Naval service. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review. Examples of documentation that may be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, credible evidence of a substance free lifestyle and certification of non-involvement with civil authorities.

Issues Concerning Bad-Conduct Discharges (BCD ) – Because relevant and material facts stated in a court-martial specification are presumed by the NDRB to be established facts, issues relating to the Applicant’s innocence of charges for which he was found guilty cannot form a basis for relief. With respect to a discharge adjudged by a court-martial, the action of the NDRB is restricted to upgrades based on clemency. Clemency is an act of leniency that reduces the severity of the punishment imposed.

Board Membership: 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

Similar Decisions

  • NAVY | DRB | 2006_Navy | ND0600984

    Original file (ND0600984.rtf) Auto-classification: Denied

    After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Service Record Entries, Medical Record Entries, Elements of Discharge and evidence submitted by the Applicant, the Board found the Applicant’s discharge proper and equitable.The Applicant requested an upgrade of the characterization of his service to General or Honorable. Issue 1 (Equity)The Applicant wants a change to his Narrative Reason for discharge because he was not an erroneous...

  • NAVY | DRB | 2006_Navy | ND0601051

    Original file (ND0601051.rtf) Auto-classification: Denied

    Elements of Discharge: [INVOLUNTARY] Discharge Process: Date Notified:20030117Reason for Discharge erroneous entryLeast Favorable Characterization: Date Applicant Responded to Notification: 20030117Rights Elected at Notification:Consult with Counsel Administrative Board Obtain Copies Submit Statement Discharge directed by (date):COMMANDING OFFICER 20030123Narrative reason directed:ERRONEOUS ENTRYCharacterization directed: UNCHARACTERIZED Date Applicant Discharged: 20030128 Additional...

  • NAVY | DRB | 2006_Navy | ND0601206

    Original file (ND0601206.rtf) Auto-classification: Denied

    Decisional Issues: The NDRB under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the characterization of service and/or the reason for discharge if such change is warranted. Elements of Discharge: [INVOLUNTARY] Date Notified:20000403Reason for Discharge - Least Favorable Characterization Authorized: Date Applicant Responded to Notification: 20000403Rights Elected at Notification:Consult with Counsel Obtain Copies of...

  • NAVY | DRB | 2006_Navy | ND0601142

    Original file (ND0601142.rtf) Auto-classification: Denied

    Medical Record Entries Related to Characterization of Service or Narrative Reason for Separation NONE Elements of Discharge: [INVOLUNTARY] Discharge Process: Date Notified:20020425Reason for Discharge due to: ERRONEOUS ENLISTMENTLeast Favorable Characterization: Record Supports Narrative Reason: Date Applicant Responded to Notification: 20020425Rights Elected at Notification:Consult with Counsel Administrative Board Obtain Copies Submit Statement(s) (date)20020426GCMCA Review Separation...

  • NAVY | DRB | 2006_Navy | ND0601064

    Original file (ND0601064.rtf) Auto-classification: Denied

    By a vote of the Reason for Discharge shall -ERRONEOUS ENLISTMENT.Summary of Service:Prior Service: Inactive: USNR (DEP) 19990414-19990509Active: NONE Period of Service Under Review: Date of Enlistment: 19990510Years Contracted:; Date of Discharge: 19990602 Length of Service: 00Yrs 00 Mos 23 Days (does not exclude lost time, if any)Time Lost During This Period: Education Level: Age at this Enlistment: AFQT: 54Highest Rate/Rank:FRPerformance Evaluation Averages:NOT APPLICABLEAwards and...

  • NAVY | DRB | 2006_Navy | ND0601182

    Original file (ND0601182.rtf) Auto-classification: Denied

    Medical Record Entries Related to Characterization of Service or Narrative Reason for Separation 20040506: Recruit Evaluation Unit, Naval Hospital Great Lakes. Elements of Discharge: [INVOLUNTARY] Discharge Process: Date Notified:20040625Reason for Discharge due to: Least Favorable Characterization Authorized: Date Applicant Responded to Notification: 20040625Rights Elected at Notification:Consult with Counsel Obtain Copies Submit Statement(s) (date)GCMCA Review Commanding Officer...

  • NAVY | DRB | 2007_Navy | ND0700060

    Original file (ND0700060.rtf) Auto-classification: Denied

    ex-FR, USNND07-00060Current Discharge and Applicant’s Request: Application Received: 20061012Characterization of Service: (ENTRY LEVEL SEPARATION)Reason for Discharge: ERRONEOUS ENTRY (OTHER)Discharge Authority: MILPERSMAN3620280Duty Assignment/Command at Discharge: RTC GREAT LAKES ILApplicant’s Request: Characterization change:Narrative Reason change: Review Requested: Representation:VETERANS SERVICE OFFICE, Roseburg OrIssues (as summarized by NDRB): 1.Errors on Administrative Separation...

  • NAVY | DRB | 2004_Navy | ND04-00468

    Original file (ND04-00468.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-AR, USN Docket No. ND04-00468 Applicant’s Request The application for discharge review, received 20040128, requested that the characterization of service on the discharge be changed to honorable. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 19970407 with a uncharacterized service for defective enlistment and induction due to failing...

  • NAVY | DRB | 2007_Navy | ND0700024

    Original file (ND0700024.rtf) Auto-classification: Denied

    ex-SR, USNND07-00024Current Discharge and Applicant’s Request: Application Received: 20061012Characterization of Service: Reason for Discharge: PERSONALITY DISORDERDischarge Authority: MILPERSMAN36202200Duty Assignment/Command at Discharge: RTC GLAKES, ILApplicant’s Request: Characterization change to: Narrative Reason change to: Other-Convenience of gov’t or Erroneous Enlistment Review Requested: Representation:Issues (as summarized by NDRB): 1: Equity – Post-service 2.Propriety/Equity –...

  • NAVY | DRB | 2003_Navy | ND03-00479

    Original file (ND03-00479.rtf) Auto-classification: Denied

    Entry Level Medical Separation – Lateral Meniscal Tear.001121: USS TRANQUILLITY Medical Clinic, Naval Hospital, Great Lakes, IL: Entry Level Medical Separation due to diagnosis Knee Arthralgia, Chronic. 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 (C and D).By regulation, members discharged within the first 180 days of enlistment are given characterization of service...