DEPARTMENT OF THE NAVY
 NAVAL DISCHARGE REVIEW BOARD (NDRB)
                     DISCHARGE REVIEW
                   DECISIONAL DOCUMENT

ex-SN, USN
Docket No. ND00-01079

Applicant’s Request

The application for discharge review, received 000926, requested that the characterization of service on the discharge be changed to honorable.  The applicant requested a documentary record discharge review.  The applicant designated the Disabled American Veterans as his representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010313.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service.  The Board’s vote was unanimous that the character of the discharge shall not change.  The discharge shall remain:  UNCHARACTERIZED (Entry Level Separation)/DISABILITY, OTHER, authority: NAVMILPERSMAN, Article 1910-168 (formerly 3620270).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1.  My Uncharacterized discharge was inequitable because it was based on no merit nor due to any disciplinary action.  I sustained a right shoulder injury while doing push-ups in basic training.  My injury was referred to a Physical Evaluation Board (PEB) with a primary diagnosis of:  SERVICE AGGRAVATED RIGHT SHOULD INSTABILITY.  This disability was not a result of intentional misconduct or willful neglect.

2.  I respectfully request that my Character of Service be changed to "HONORABLE".  To support my request, I am submitting a copy of the Findings of the PEB Proceedings dated 16 Nov 1999.  The PEB found me to be "Unfit" and recommended "To Be Separated From Active Duty with severance pay and a combined disability rating of 20%.  I thank you in advance for your most sincere consideration in this important matter to me.  Thank You.

Documentation

In addition to the service record, the following additional documentation, submitted by the applicant, was considered:

DAV, National Service Officer, letter of Feb 21, 2001 supporting the upgrade
PEB's Findings of 16 Nov 1999
Copy of DD Form 214
DAV, Dept of Colorado, ltr of Sep 21, 2000
Applicant's ltr to Board dtd Dec 18, 2000 with copy of Medical Board (7 pages)

PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

	Active:   None
	Inactive: USNR (DEP)	990624 - 990810	COG

Period of Service Under Review:

Date of Enlistment:  990811		Date of Discharge:  991124

Length of Service (years, months, days):

	Active:    00  03  14
	Inactive:  None

Age at Entry:  22			Years Contracted:  4

Education Level:  15			AFQT:  65

Highest Rate:  SN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMF		Behavior:  NMF		OTA:  NMF

Military Decorations:  None

Unit/Campaign/Service Awards:  None

Days of Unauthorized Absence:  None 

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

UNCHARACTERIZED (Entry Level Separation)/DISABILITY, OTHER, authority:  NAVMILPERSMAN, Article 1910-168 (formerly 3620270).

Chronological Listing of Significant Service Events:

991020:	Medical Board Report (NAVHOSP GLakes):  Diagnosis of 71881 Right Shoulder Instability, DNEPTE.  Recommend refer to Physical Evaluation Board.

991020:	Applicant accepted findings of the Medical Board Report.

991116:	Physical Evaluation Board (PEB) Findings:  Unfit for duty with a diagnosis of Right Shoulder Instability (71881) with a 20% disability rating.  Recommending separated from active duty with severance pay.

991119:	Applicant issued home awaiting orders.

991122:	CNPC directed the applicant's discharge by reason of physical disability with severance pay.

PART III – RATIONALE FOR DECISION AND PERTINENT 
REGULATION/LAW

Discussion

The applicant was discharged on 991124 with an uncharacterized (entry level separation) due to physical disability (A).  The Board presumed regularity in the conduct of governmental affairs (B).  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).

In response to the applicant’s issues, the Board found that the applicant received an entry level separation because he had served less than 180 days active duty and does not warrant an honorable discharge.  An uncharacterized discharge does not carry a negative connotation with it and should not reflect badly on the applicant.  The Board does not have authority to grant relief in this case.  If the applicant would like a review of the Physical Evaluation Board findings, he is encouraged to contact the Board for Correction of Naval Records' at 2 Navy Annex, Room 2432, Washington, D.C. 20370-5100 using enclosed DD Form 149, SEP 2000.

Pertinent Regulation/Law (at time of discharge)

A.  The Naval Military Personnel Manual, (NAVPERS 15560C), Change18, effective 12 Dec 97 to Present, Article 1910-168 (previously 3620270), Separation by Reason of Physical Disability.

B.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.  

C.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

D.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

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 Directive 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Directive.  You should read Enclosure (5) of the Directive 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 Directive 1332.28 and other Decisional Documents by going online at "afls14.jag.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:

		Naval Council of Personnel Boards
		Attn:  Naval Discharge Review Board
		720 Kennon Street SE Rm 309
		Washington Navy Yard DC  20374-5023