Author: CAP
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Docket No. ND02-01094

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

 ex-SR, USN
Docket No. ND02-01094

Applicant’s Request

The application for discharge review, received 020801, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed.  The applicant requested a personal appearance hearing discharge review before the Board in the Washington National Capital Region or before a traveling panel closest to Chicago or Great Lakes, IL.  The applicant did not list any representative on the DD Form 293.  In the acknowledgement letter to the applicant, he was informed that the Naval Discharge Review Board (NDRB) does not travel, all hearing are held in the Washington, DC Area.  The Naval Discharge Review Board (NDRB) also advised that the board first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 030501.  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 and reason for discharge shall not change.  The discharge shall remain:  UNCHARACTERIZED (ENTRY LEVEL SEPARATION)/ERRONEOUS ENTRY (OTHER), authority: NAVMILPERSMAN, Article 1910-130 (formerly Article 3620280).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1.  The discharge was based on one individual’s opinion from a different environment and culture I believe that miscommunication skills on my behalf lead to this misunderstanding by using improper English that was interpreted in a different nature leading to my discharge.  This is my forth attempt to re-enlist in the U.S. Armed Forces with evaluation stating different results then my military evals.

2.  Letter of Concern

To whom it may concern thank you for reading this letter regarding my life and my situation.  If there is a need for anything, contact me at any time thank you.

History:
Good day, My name is (Applicant).  I was born and raised in Chicago IL.  To J_ and J_ B_.  I grew up with a brother and sister twenty one aunts and uncles with over a dozen cousins between them.  I attended elementary school at Holy Rosary from preschool to Third grade, then to St. Mark the Evangelist from third to seventh and then graduated eighth at St. Helena of the Cross.  The main reason for attending three grammar schools was cause of the cut backs on catholic school budgets.  From there I attended Brother Rice for my freshmen year of high school only to leave cause of no playing time in sports which at the time had plans of a career.  I then attended Leo Catholic high school, there I was recognized for my sports performance and was awarded a 50% off tuition scholarship.  Through out high school I was an honor roll student from preschool to senior year high school I maintained a B average (3.2 gpa) or better as well as playing three sports or more and being an alter boy at church, in the church choir and part of a city wide known block club being the son of two working parents; my father, a cook county sheriff, and my mother, a DCFS advocate parent, I received the best and only the best was demanded of me.
After graduating, I attended Southern IL. Univ.  For a year 1/2 after that I decided to work to get married to my beautiful wife T_ N_ T_ and I one year prepare for a baby on the way.  The same day I found out my wife was pregnant I was getting recruited by P.O. W_ W_ in Evergreen Park IL, being convinced by my wife recently graduating from navy boot camp and my brother who months before graduated army; boot camp doing even better at the time showed me a great career leaving me to sign as a naval radiomen.

The Navy:
I entered the navy to get a career and get away from the south side of Chicago; to get my life on track.  I was determined to-be the best they have seen.  Coming in to boot camp I was told, I was going to go places cause of my ability: to adapt so easily.  I learned routine quicker, then 95% of my division and was given port watch section leader which I held until my discharge from the division, which happened to be the most embarrassing day of my life, striped of my first. class pin in front of my new family:; people who came that close to me in my life-in a short period of time.  The main reason I was kicked out was to make numbers look good for psychiatric in boot camp.  I was given a choice to leave or stay in the navy and from what I was told that's not possible.  Any one taken out of an environment to adapt to another would want to return by any means possible especially if his love is being harassed while pregnant in the navy on the USS Harry S. Truman unable to contact a carrier is so big with no emergency lines receiving only 15 min. in boot camp to call taking 1 0 min of that time just to get through the line.  My evidence of this situation is Lt. P_ of the USS Truman who went out the way to help me talk to my wife and my wife harassment situation.  This was my only reason I might have seemed as if I don't want to belong but I never agreed or hinted a discharge.  My reason for seeing a psychologist was because a doctor said I had symptoms of an ulcer and wanted to know from what.  After a series of questions the women Psychologist ask me did I want to stay or leave but I cant cause I'll look like a little bitch.  The next thing that happen I was getting sent to separation and wondering who to talk to about getting back t my division.  My life has been put on hold cause of one person, one psychiatric evaluation, one woman dislikes with no one else’s opinion to differ not even mine.  The RE-4 reenlistment code will not allow me to re enlist or get a good job.  I'll have people thinking I am crazy and have military personal confirming me with put down thoughts thinking I could not make it.

Present:
I have been separated for one year one month and having this re enlistment code still haunts my life, Recently I tried returning to active duty and the navy recruiter who lied about my paper work being approved one month after I was discharged would not let me come sign up for the navy.  They told me to try back in September cause they would have to do all that paper work over like its not their job.  The time before when I tried the chief, Chief D_ himself told me my waiver was approved and it would be soon when I would return back to boot camp.  I heard that nine months ago and after four visits to Richmond Meps station.  I had even talk to a LT.  At Meps who approved or rejected the waiver at Richmond.  Quoting him when "he said, you get the Mpi 1 and Mpi 2 test done and they say your ok I will approve you.  I passed with flying colors and is still not active duty.  My brother Lt. B_ of the U.S. army and my father, mother, uncle W_ G_ retired recruiter of U.S. army sister SN B_ of the U.S. navy have all called and personally talked to the recruiter out in York town Virginia recruiter station (757) 898-1566 and Richmond VA.  Meps station recruiters and was lied to as well.  The reason of this letter is not to harm the careers the recruiters but to seek help for a career of my own.  This is an appeal for my situation which has become a burden on my life.  All I want to do is return to active duty in the U.S. armed forces.  My wife and I have struggled with this sense it happened.  We had a baby on the way then when we did not have has much to worry about but that was then.  I have not finished college so there is not much at all to fall back on.  I depend on the service and God for a career to help me retrieve the things in life needed to survive and I think something should be done so I may have my chance and get the life I wanted back and be proud to have my family proud of me.  Please understand the point of interest stressed here and help me any way possible.  If the U.S. navy doesn't want me to return I would just be happy to go to the army.  If not at all I would be ok if I could get the RE-4 code removed from my files, so I can at least get a descent government job or start a career to provide for my family.  I have a 2 month old child that do not understand now but will sooner or later and I want him to be proud; my wife to be proud; myself to be looked up to.  I look at this as a total misunderstanding.  Another lesson of life, but I'm stepping up because I need to achieve a dream.  My wife need a husband with a backbone because if I can't stand up now years down the line I can't look back and teach my son not to fall in bad situations.  This is just one of the things I plan to do to get myself together.  Please help me, Thank You.

Sincerely,

Documentation

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

Copy of DD Form 214
Mental Status Examination
Psychological Evaluation (3 pages)

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	990511 - 990524	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  990525		Date of Discharge:  990628

Length of Service (years, months, days):

	Active:    00 01 04
	Inactive:  None

Age at Entry:  22			Years Contracted:  4 

Education Level:  12			AFQT:  52

Highest Rate:  SR

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NOB		Behavior:  NOB		OTA:  NOB

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)/ERRONEOUS ENTRY (OTHER), authority: NAVMILPERSMAN, Article 1910-130 (formerly Article 3620280).

Chronological Listing of Significant Service Events:

990621	Medical Status Examination.
	Axis I: Occupational Problems, V71.09
	Axis: II Antisocial Personality Disorder, 301.7, EPTE
	NRAM-SAC: 192(GFH)-PSYCH (PERSONALITY) 

990622:	Applicant notified of intended recommendation for discharge with an  uncharacterized service by reason of defective enlistment and induction due to erroneous enlistment as evidenced by an anti-social personality disorder.

990622:	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.

990623:	Commanding Officer recommended discharge with an uncharacterized service by reason of defective enlistment and induction due to erroneous enlistment.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 990628 with an uncharacterized service for defective enlistment and induction due to erroneous enlistment (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).

Responding to the Applicant’s contention that his discharge was due to a misunderstanding, the Board noted that the documentation and statements provided by the Applicant were not sufficient to overturn the presumption that the Applicant was properly diagnosed with a personality disorder.  The Applicant was diagnosed with a personality disorder by a competent medical authority on 990621.  There was no compelling evidence reviewed that persuaded the Board that this diagnosis and subsequent administrative separation was improper or inequitable.  Relief denied.

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.  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.  However, only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.

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 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 5420.174C 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

The remaining portion of this document is divided into 4 Parts: Part I - Applicant’s Issues and Documentation, Part II - Summary of Service, Part III – Rationale for Decision and Pertinent Regulation/Law, Part IV - Information for the Applicant.
INDEX:  A2900/A9315/A9303/A9241/A9323