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

FOR OFFICIAL USE ONLY

  ex-AOAR, USN
Docket No. ND05-01372

Applicant’s Request

The application for discharge review was received on 20050816.  The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable.  The Applicant requests a documentary record discharge review.  The Applicant did not designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20060421.  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 by reason of entry level performance and conduct.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

“I was injured while in active duty service.  I injured my left knee in July 1994 and my left ankle Aug-Sept. 1994.

Documentation

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

Applicant’s DD Form 214
Appointment of Veterans Service Organization as Claimant’s representative, dtd January 10, 1995
VA Form 21-526, pages 7 through 10, dtd January 10, 1995

PART II - SUMMARY OF SERVICE

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

	Inactive:  USNR (DEP)	19940107 - 19940424	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  19940425		Date of Discharge:  19941028

Length of Service (years, months, days):

	Active:    00  06  04
	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:  AOAR

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.6 (1)			Behavior:  3.6 (1)		OTA:  3.60

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214):  National Defense Service Medal

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

UNCHARACTERIZED/ENTRY LEVEL PERFORMANCE AND CONDUCT; authority:  MILPERSMAN, Article 3630200.

Chronological Listing of Significant Service Events: 

941013:	Medical evaluation submitted by H. A. J_ Jr., MA and approved by C. J. H_, MC, USN at Mental Health Department.
	AXIS I: Adjustment disorder with depressed mood. Acute, moderately severe.
	Occupational problem, failure to adapt to naval service.
	AXIS II: Deferred.
	Recommendation: Separate for failure to adjust under the first six months of her contract.

941019:	Retention Warning:  Advised of deficiency (Refusal to conform to military standards as shown by your refusal to attend required classes and acknowledge any military courtesies.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

941019:	Applicant’s statement to retention warning:  “I will not comform to the statement said by Lieutenant I am not going to attend classes.”

941021:	Applicant notified of intended recommendation for discharge, if approved the description of service will be entry level separation or the least favorable characterization of service as general by reason of entry level performance/failure to adapt to a military environment. Applicant signed acknowledgement of receipt 941024.

941021:	Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation. Applicant signed 941024.

941021:	Commanding Officer, Attack Squadron 128 recommended discharge with an entry level performance/failure to adjust to a military environment.  Commanding Officer’s comments:  “AOAR M_(Applicant) was unfit for further military service as diagnosed by the Chief of Psychiatry at the Naval Hospital Oak Harbor.  Due to the severity of her condition, the possibility of harm she might inflict on herself and her lack of potential fo further military service, she was separated from Naval service.  AOAR M_(Applicant) was in the United States Navy for less than six months and was given an entry level separation.”

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19941028 by reason of by reason of entry level performance and conduct (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).  

By regulation, members notified of intended recommendation for discharge within the first 180 days of enlistment are eligible for an uncharacterized or entry-level separation 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 her less than 7 months in the military to warrant a change of discharge to honorable.  

The Applicant should be aware that, with respect to nonservice-related administrative matters, i.e., VA benefits, an uncharacterized separation is considered the equivalent of an honorable or general (under honorable conditions) discharge.

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), Change 5, effective
05 Mar 93 until 2 Oct 96, Article 3630200, SEPARATION OF ENLISTED PERSONNEL BY REASON OF ENTRY LEVEL PERFORMANCE CONDUCT.

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.

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 “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