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

ex-AR, USN
Docket No. ND03-01310

Applicant’s Request

The application for discharge review was received on 20030801.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable or uncharacterized. The Applicant requests a documentary record review.   The Applicant did not list any representative on the DD Form 293.  Subsequent to the application, the Applicant selected the Disabled American Veterans as the representative.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040514.  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 shall not change.  The discharge shall remain: UNCHARACTERIZED/ ENTRY LEVEL PERFORMANCE AND CONDUCT, authority: MILPERSMAN, Article 1910-154 (formerly 3630200).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1.  “I would like to have my R.E. Code changed.  To make it possible for me to join the Army.  I feel I would be great addition to my countries Army.  Thank you.”

Additional issues submitted by Applicant’s representative (Disabled American Veterans):

2.  “Dear Chairperson:

After a review of the Former Service Members (FSM) DD Form 293 Application for the Review of Discharge or Dismissal from the Armed Forces of the United States and all of evidence assembled for review, we continue to note the contention of the appellant in his request for a discharge upgrade of his current Uncharacterized discharge (Entry Level Separation).

The FSM served on active service from April 25, 2002 to August 1, 2002 at which time he was discharged with an Uncharacterized discharge, due to entry level performance and conduct.

The FSM makes no specific contentions, but additionally request consideration be given to the change of his RE-Code, to make it possible for re-enlistment into active military service as he believes that he would now make a great addition to this country’s military.

As the representative, we ask that consideration be given to equitable relief, as this is a matter that involves a determination whether a discharge should be changed under the equity standards, to include any issue upon which the applicant submits to the Board’s discretionary authority, under SECNAVIST 5420.174C.

Respectfully,”

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

	Inactive: USNR (DEP)	020416 - 020424	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  020425		Date of Discharge:  020801

Length of Service (years, months, days):

	Active:    00  03  07
	Inactive:  None

Age at Entry:  20			Years Contracted:  4

Education Level:  12			AFQT:  40

Highest Rate:  AR

Final Enlisted Performance Evaluation Averages (number of marks):  None

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 PERFORMANCE AND CONDUCT; authority:  MILPERSMAN, Article 1910-154 (formerly 3630200).

Chronological Listing of Significant Service Events:

020514:	Retention Warning:  Applicant advised of deficiency in conduct evidenced by initial swim qual failure.   Corrective actions identified.  Sources of assistance included.  Advised: further deficiencies may result in disciplinary action and administrative separation.  All deficiencies during current enlistment will be considered.  Subsequent violations of the UCMJ or conduct resulting in civilian conviction could result in separation under other than honorable conditions.  Receipt acknowledged.

020701:	Retention Warning:  Applicant advised of deficiency in conduct evidenced by failure to pass third class swimmer.   Corrective actions identified.  Sources of assistance included.  Advised: further deficiencies may result in disciplinary action and administrative separation.  All deficiencies during current enlistment will be considered.  Subsequent violations of the UCMJ or conduct resulting in civilian conviction could result in separation under other than honorable conditions.  Receipt acknowledged.

020712:	Recruit Eval Report.  Applicant refused to train for swim qualification.  

020718:	Recruit Eval Report.  Applicant refused to train.  Recommend ELS. 

020718:	Retention Warning:  Applicant advised of deficiency in conduct evidenced by refusing to train on the deep edge of the pool.   Corrective actions identified.  Sources of assistance included.  Advised: further deficiencies may result in disciplinary action and administrative separation.  All deficiencies during current enlistment will be considered.  Subsequent violations of the UCMJ or conduct resulting in civilian conviction could result in separation under other than honorable conditions.  Receipt acknowledged.

020726:	Applicant notified of intended recommendation for discharge by reason of entry level performance and conduct.  Advised least favorable characterization of service would be general (under honorable conditions).

020726:	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

020729:	Commanding Officer directed an uncharacterized discharge by reason of entry level performance and conduct.  

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20020801 with uncharacterized service by reason of entry level performance and conduct (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).

Issues 1 and 2.  By regulation, members discharged within the first 180 days of enlistment are given characterization of service as “uncharacterized” unless there were unusual circumstances regarding performance or conduct which would merit an “honorable” characterization.  The Applicant’s service record did not contain any unusual circumstances during his less than four months in the military to warrant a change of discharge.  With respect to non-service related administrative matters, an uncharacterized separation is considered the equivalent of an honorable or general (under honorable conditions) characterization.

Concerning a change in reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces.  Neither a less than fully honorable discharge nor an unfavorable “RE” code is, in itself, a bar to reenlistment.  A request for waiver is normally done only during the processing of a formal application for enlistment through a recruiter.  

The Applicant’s discharge characterization accurately reflects his service to his country.  Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question.  No such error or inequity is evident during the Applicant’s enlistment.  Additionally, 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 the service.  Relief not warranted.

The Applicant is reminded that he remains eligible for a personal appearance hearing, provided an application is received at the NDRB within 15 years from the date of his discharge.  Representation at a personal appearance hearing is recommended but not required.  

Pertinent Regulation/Law (at time of discharge)

A.  The Naval Military Personnel Manual, (NAVPERS 15560C), Change 31, effective 25 Jan 01 until 21 Aug 02, Article 1910-154 (Previously 3630200), Separation By Reason Of Entry Level Performance And Conduct.

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