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

FOR OFFICIAL USE ONLY

   ex-SA, USN
Docket No. ND05-01404

Applicant’s Request

The application for discharge review was received on 20050823.  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 20060420.  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 and reason for 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 received a Red Cross letter while I was at Boot Camp (copy should be in my file).  Because of the time frame they gave me a General Entry Level Discharge.  They said a Family Hardship discharge would take 3 weeks and I had to be released within one week.  CPS (Child Protective Services) took my children and put my husband in jail..”

Documentation

Only the service record was reviewed.  The Applicant did not provide additional documentation for the Board’s consideration.

PART II - SUMMARY OF SERVICE

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

	Inactive:  USNR (DEP)	20040930 - 20041025	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  20041026		Date of Discharge:  20041213

Length of Service (years, months, days):

	Active:    00  01  18
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:	None
	Confinement:			None

Age at Entry:  30

Years Contracted:  4 (24 month extension)

Education Level:  12.5				AFQT:  89

Highest Rate:  SA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NA*			Behavior:  NA*		OTA:  NA*

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

* Not Available

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: 

041029:	Performance Remarks:  Applicant reported to medical by ambulance.  Complaint: Stomach pain.  SIQ for 1 day.

041103:	Performance Remarks:  Applicant called TTO during PT test.  Trouble breathing.

041105:	Performance Remarks:  Applicant reported to medical.  Complaint:  Back pain.  SIQ for 2 days.

041105:	Performance Remarks:  Applicant has been evaluated at REU because of a referral from medical.  Applicant denied current or suicidal or homicidal ideation.  Further evaluation is needed.  

041105:	Retention Warning:  Advised of deficiency (Failure to meet Navy PFA standards.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

041106:	Performance Remarks:  Applicant reported to medical.  SIQ for 1 day.

041108:	Performance Remarks:  Applicant reported to medical.  1) Applicant would greatly benefit from speaking to a chaplain.  Please try to accommodate this request as the training schedule permits.  2) Please send evaluation and hard card at follow-up appointment.  3) Applicant may benefit from being assigned a mentor within the division to assist her with PRT readiness.

041112:	Performance Remarks:  Applicant seen at LCPCi.  Applicant has been counseled about medical problems, lack of performance during PT and level of knowledge per DOT.  Applicant has until the end of MCA phase to improve in all areas.  Refer back to LCPO at end of MCA.

041122:	Performance Remarks:  Applicant found psychologically suitable for duty.  No further appointments are indicated at this time.  REU appointment 0700.

041201:	Performance Remarks:  Applicant reported to medical.  Complaint:  Hurt leg.

041203:	Performance Remarks:  Applicant is showing significant problems on this DOT for physical and fitness required to pass PFT final in two weeks.  Applicant continued to say what she can’t accomplish.  Applicant is constantly being counseled by her ROC’s on requirements and/or consequences.  Applicant is not giving 110% at PT.

041204:	Performance Remarks:  Applicant fell out of PT and reported to medical.  Applicant received LLD x 1.  Applicant only ran 1 lap.

041207:	Performance Remarks:  SR G_(Applicant) struggles at PT every single PT session.  It is my opinion that she will not pass PT and will be set back in training or processed for Entry Level Sep.  It is Applicant’s desire to get back home the quickest way possible.  ELS for failure to meet standards per Co/MTD.  IO per C.O..

041207:	Performance Remarks:  Applicant referred back to LCPO at the end of MCA.  Applicant has been to medical 11 times since being counseled on 2-2 DOT, LLD 6 days since 2-2 DOT.  Applicant still has not completed 12 laps to date. Applicant seems to spend more time in medical than trying to improve her physical conditioning.  Recommend ELS, forward to FLT LCPO for action.

041209:	Applicant notified of intended recommendation for discharge by reason of entry level performance and conduct.  Applicant notified that the least favorable characterization of service possible is general (under honorable conditions.)

041209:	Applicant advised of rights and having elected not to consult with counsel with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

041213:	Commanding Officer, Recruit Training Command, Great Lakes, IL directed Applicant’s discharge with an uncharacterized service by reason of entry level performance and conduct.  Commanding Officer’s comments:  “On 5 November 2004, Seaman Apprentice (SA) K_ C. G_(Applicant) was unable to complete her initial PFA.  As a result of her failure a NAVPERS 1070/613 was issued with guidance regarding SA G_’s need to pass any future PFAs in order to meet the Navy’s minimum standards.  On 7 December 2004, SA G_ failed her final PFA after seven attempts.  SA G_ is subsequently considered unqualified for further naval service.”

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20041213 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, a discharge shall be deemed proper, unless it is determined that an error of fact, law, procedure, or discretion has substantially prejudiced the rights of the Applicant.  The Applicant was discharged with an entry level separation by reason of entry level performance and conduct.  A review of the Applicant’s service record convinced the Board that a preponderance of evidence exists to support the Applicant’s basis for separation by virtue of her NAVPERS 1070/613 counseling/retention warning of 20041105, addressing her initial physical fitness assessment failure and her subsequent failures of the physical fitness assessment, as evidenced by the Commanding Officer’s letter of 20041213.  The record further reveals that the Applicant was properly processed and notified for separation by reason of entry level performance and conduct on 20041207.  On the same day, the Applicant waived her rights, electing only to receive copies of the documents used to support the basis for the separation.  On 20041213, the Commanding Officer, Recruit Training Command, Great Lakes, IL, directed the Applicant’s discharged with an entry level separation by reason of entry level performance and conduct.  Based upon the above review, the Board unanimously concluded that the Applicant’s discharge processing was in substantial compliance with applicable statutes, rules, and regulations.  Despite the Applicant’s contentions, The Board could find no error of fact, law, procedure, or discretion that might afford the Applicant relief.  Thus, the Board concluded that relief is not warranted.

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 2 months in the military to warrant a change of discharge to honorable.  Relief denied.

The Applicant should 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.

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.  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), re-issued October 2002, effective 22 Aug 02 until 26 April 2005, Article 1910-154 (Previously 3630200), SEPARATION BY REASON OF ENTRY LEVEL PERFORMANCE AND 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