Search Decisions

Decision Text

NAVY | DRB | 2007_Navy | ND0700382
Original file (ND0700382.rtf) Auto-classification: Denied
ex-AN, USNR
ND07-00382
Current Discharge and Applicant’s Request
Application Received: 20070208   Characterization Received:
Narrative Reason: FAILED MEDICAL/PHYSICAL PROCUREMENT STANDARDS Authority: MILPERSMAN 3620280

 Applicant’s Request:      Characterization change to:
                           Narrative Reason change:
Applicant’s Issues:       1. Back injury aggravated during service.
                          

Decision

 By a vote of the Characterization shall .
 By a vote of the Narrative Reason shall ERRONEOUS ENLISTMENT .
Date: 20 071018                                       Location: Washington D.C.


Discussion

 Issue 1 ( ): t he Applicant contends that his back injury was aggravated during his military service. The government enjoys a presumption of regularity in the conduct of its affairs. The Applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his claim. There is no evidence in the record, nor has the Applicant produced any evidence, to support his contention that his failure to meet the physical procurement standards was an incorrect diagnosis. The record clearly reflects the Applicants back problems beginning immediately upon his time in service wherein the Applicant admits to a previous back injury. After a thorough review of the available evidence, to inc lude the Applicant’s s ummary of s ervice, m edical and s ervice r ecord e ntries, d ischarge p rocess and evidence submitted by the Applicant, the Board found that

For the information of the Applicant, members notified of intended recommendation for discharge within the first 180 days of enlistment are eligible for an uncharacterized or entry-level separation as their 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 two months of service to the U. S. Navy to warrant such a change.

The Applicant should also 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.

Summary of Service

Prior Service:
 Inactive: US N R   19980814 - 19980902              Active:
Period of Service Under Review:
 Date of Enlistment: 19980903 Years Contracted : 3                 Date of Discharge: 19981007
Length of Service : 00 Yrs 01 Mths 05 D ys                            Lost Time :
Education Level: 12       Age at Enlistment: 31     AFQT: 85          Highest Rank /Rate : AN
Evaluation marks (# of occasions):       Performance: NA            Behavior: NA      OTA: NA
Awards and Decorations ( per DD 214): NONE


Medical/Service Record Entries Related to Characterization of Service or Basis for Discharge

 19980903:        Applicant to Active duty service.
19980929 :        Medical Record , Branch Medical Clinic, RTC, Great Lakes.
         Diagnosis: Chronic Low Back Pain - This condition is not correctable to meet Navy standards. This condition existed prior to entry into service. Patient did not have a waiver coming into service.


Discharge Process

 Date Notified:                                       19981001
Reason for Discharge:     -
Least Favorable Characterization:       

Date Applicant Responded to Notification:                  19981001
Rights Elected at Notification:
         Consult with Counsel                      
         Obtain Copies of Documents               
         Submit Statement(s) (date)                        
         Administrative Board                       
         GCMCA review                               

Separation Authority (date):     CO, RECRUIT TRAINING CMD ( 19881002 )
 Reason for discharge directed:  -
Characterization directed:      ENTRY LEVEL SEPARATION
Date Applicant Discharged:       19981007


Types of Documents Submitted by Applicant and Considered By Board

 Related to Military Service:      Service and/or Medical Record:            Other Records:

Related to Post-Service Period:         
         Employment:                        Finances:                          Education:               
         Health/Medical Records:                   Substance Abuse:                           Criminal Records:       
         Family/Personal Status:                   Community Service:                References:              
        
Additional Statements From Applicant:    From Representative:
Other Documentation (Describe)

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 to the Joint Service Review Activity , OUSD (P&R) PI-LP , The Pentagon , Washington, DC 20301-4000 . 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, provi ded 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 grante d 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.
Employmen t / 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 | ND0601020

    Original file (ND0601020.rtf) Auto-classification: Denied

    ex-AR, USNND06-01020Current Discharge and Applicant’s Request: Application Received: 20060725Narrative Reason for Separation: Character of Service:Discharge Authority: MILPERSMAN3620280Last Duty Assignment/Command at Discharge: RTC GREAT LAKES ILApplicant’s Request:Narrative Reason change to:Characterization change to:Review Requested:Representation: Decision: Date of Decision:20 The Discharge shall change : Regarding propriety, the Board found the discharge:Regarding equity, the Board found...

  • NAVY | DRB | 2009_Navy | ND0901487

    Original file (ND0901487.rtf) Auto-classification: Denied

    The Applicant is referred to the addendum, Reenlistment /RE-code for further information regarding this issue. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years of the Applicant’s date of discharge. There is no requirement or law that grants recharacterization solely on the issue of obtaining veterans benefits and this issue does not serve to...

  • NAVY | DRB | 2008_Navy | ND0801216

    Original file (ND0801216.rtf) Auto-classification: Denied

    Additionally, the Board determined the characterization of service was also appropriate based on the evidence of record. The NDRB advises the Applicant that, with respect to nonservice related administrative matters, i.e. Department of Veterans Affairs benefits, civilian employment, etc., an uncharacterized separation shall be considered the equivalent of an honorable or general (under honorable conditions) characterization.After a thorough review of the available evidence, to include the...

  • NAVY | DRB | 2008_Navy | ND0801777

    Original file (ND0801777.rtf) Auto-classification: Denied

    The NDRB determined the characterization of service received, “General (Under Honorable Conditions)”, was an appropriate characterization considering the length of service and the UCMJ violations involved; an upgrade would be inappropriate.After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found ADDENDUM: Information for the Applicant Complaint Procedures : If...

  • USMC | DRB | 2009_Marine | MD0901785

    Original file (MD0901785.rtf) Auto-classification: Denied

    Based on the evidence of record, the NDRB determined the awarded characterization of service was warranted.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries, and discharge process, the Board found the discharge was proper and equitable at the time of discharge. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is...

  • NAVY | DRB | 2004_Navy | ND04-00490

    Original file (ND04-00490.rtf) Auto-classification: Denied

    Decision A documentary discharge review was conducted in Washington, D.C. on 20040922. This is why I am seeking an upgrade to an honorable medical discharge on my DD214 and my RE Code on my DD214 to be changed. Age at Entry: 23 Years Contracted: 4 Education Level: 13 1/2 AFQT: 27 Highest Rate: SR Final Enlisted Performance Evaluation Averages (number of marks): Performance: None Behavior: None OTA: None Military Decorations: None Unit/Campaign/Service Awards: None Days of Unauthorized...

  • NAVY | DRB | 2006_Navy | ND0600588

    Original file (ND0600588.rtf) Auto-classification: Denied

    Closing, the only request I make of the board is to allow me a second chance to serve my country, and to prove that I am capable, and can rise up and surpass the challenges I would be presented serving in the United States Armed Forces.” Documentation In addition to the service and medical records, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 (Member 1 and 4)Letter from E_ J. W_, MD, B_ Bone and Joint Clinic, dtd July 25, 2005 (2...

  • NAVY | DRB | 2002_Navy | ND02-00200

    Original file (ND02-00200.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-FR, USNR Docket No. ND02-00200 Applicant’s Request The application for discharge review, received 020107, requested that the characterization of service on the discharge be changed to honorable. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of DD Form 214 PART II - SUMMARY OF SERVICE Prior Service...

  • NAVY | DRB | 2009_Navy | ND0900457

    Original file (ND0900457.rtf) Auto-classification: Denied

    The Board determined the Applicant's conduct, which forms the primary basis for determining the character of his service, reflected a significant departure from the conduct expected of a service member and an upgrade to Honorable would be inappropriate.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries, and discharge process, the Board found the discharge was proper and equitable at the time of discharge. ” Additional...

  • NAVY | DRB | 2008_Navy | ND0800097

    Original file (ND0800097.rtf) Auto-classification: Denied

    ” 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. 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. Additionally, the NDRB does not have the authority to change a narrative...