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

ex-SR, USN
Docket No. ND03-01474

Applicant’s Request

The application for discharge review was received on 20030909.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable.  The Applicant requests a personal appearance hearing before the Board in the Washington National Capital Region.  The Applicant was advised that his case would first receive a documentary review.  The Applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040617.  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 SEPARATION)/ERRONEOUS ENTRY (OTHER), authority: NAVMILPERSMAN, Article 1910-130 (formerly Article 3620280).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

“Dear DRB: The following issues are the reasons I believe my discharge should be upgraded to Honorable. If you disagree, please explain in detail why you disagree. The presumption of regularity that might normally permit you to assume that the service acted correctly in characterizing my service as less than honorable does not apply to my case because of the evidence I am submitting.

1.  I believe clemency is warranted because it is an injustice for me to continue to suffer the Consequences of a bad discharge. {Such as reenlistment into service}

2.  Under current standards, I would not receive the type of discharge I did. Due to actual time spent on active duty Sep 29-Oct 15, 17 days; and false information
provided to me by upper ranking counselor advising me at time of discharge.

3.  I have received several letters of recommendation. {Enclosed in envelope.}

4.  I have been a good citizen since discharge. {Record enclosed in envelope.}

5.  My record of NiPs/Articles 15s indicate 0 offenses.

6.  My record of court-martial convictions indicate 0 offences.

7.  My ability to serve was impaired by my youth and immaturity. {At the time I joined the United States Navy I just graduated from high school, and had fallen madly in love with a girl who had been trying to convince me to stay at home with her and not join. When deploying for active duty I became weak and some how lost my integrity for a brief time. Selling myself out by letting personal feelings override my libido. Giving up and telling the commander I wanted to leave. Complying with my request they sent me to a counselor who explained exactly what to say in order to receive a discharge from the Navy. With such a simply remedy presented to me, leave the service and go home to be with my sweetheart; it was irresistible. So I agreed with this upper ranking Gentleman and signed my name on a paper filled with lies! There was no erroneous entry or anything else, just a boy receiving bad advice from upper ranking counselor. However I am not a boy anymore turning 24 July 4, and caring for a wife and child. Completing two years at community college, I am pursuing a bachelors in nursing. If I had known that leaving the service with an RE-4 code would barred me from enlisting again I wouldn’t have been so quick to sign that paper. These issues where never explained to me and I was never informed of stipulation regarding my discharge. I am just asking to change my RE code so if the chance ever arises that I may stand tall and serve my country, I would be allowed to. These board members I address have a chance to right a wrong, and I do swear that I will make all board members pleased if you deem me worthy.}

8.  My command abused its authority when it decided to discharge me and deciding to Give me a bad discharge that I had no understanding of.”

Documentation

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

Copy of DD Form 214
Police record check dated 9/9/03
Family photo
Letter from Applicant
Letter from Applicant’s father
Employment reference letter
College transcript
Police record check dated 5/19/03

PART II - SUMMARY OF SERVICE

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

	Inactive: USMCR		980912- 980928   COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  980929		Date of Discharge:  981015

Length of Service (years, months, days):

	Active:    00  00  17
	Inactive:  None

Age at Entry:  19			Years Contracted:  4 

Education Level:  12			AFQT:  53

Highest Rate:  SR

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

Chronological Listing of Significant Service Events:

981005:	Medical evaluation.  Assessed with ADD/Hyperactivity disorder, predominately hyperactive, impulsive, EPTE (314.01).  Alcohol abuse.  Not recommended for retention.

981006:	Applicant notified of intended recommendation for discharge with a general (under honorable conditions) by reason of defective enlistment and induction due to erroneous enlistment as evidenced by an attention-deficit disorder.

981006:	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.

981009:	Commanding Officer directed discharge with 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 19981015 with 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).

Issues 1-8.   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 three weeks 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.

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.  The discharge was proper and equitable.  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 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