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

FOR OFFICIAL USE ONLY

 ex-AN, USN
Docket No. ND05-01161

Applicant’s Request

The application for discharge review was received on 20050708.  The Applicant requests the Narrative Reason for Separation be changed to “Convenience of Gov’t”.  The Applicant requests a personal appearance hearing before the Board in the Washington, D.C. Metropolitan area.  The Applicant did not designate a representative on the DD Form 293.  In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing.  

Decision

A documentary discharge review was conducted in Washington, D.C. on 20060119.  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 defective enlistment and induction due to fraudulent entry, drug abuse.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

“DD Form 214 states drug abuse.  Accordingly to the administrative separation processing notification procedure that was issued to AN C_, the separation #1 reason was convenience of the government.”

Applicant’s statement on an attached letter:

“I am writing this letter in request to have my narrative on my DD 214 changed. I wrote this in letterform because my situation required my space than the DD 293 allowed. My current DD 214 states drug abuse, as you may guess that is very undesirable. It is even more than undesirable for an 18 year old who has never done drugs. I know this does sound strange but if you would please allow me to explain the situation, I am sure you will understand my concern.

My name is W_ C__, until recently my life long dream was to be in the Navy. My father was a Master Chief and my brother is an ensign, who recently graduated from the U.S. Naval Academy. I have been planning since I was four to join the U.S. Navy. In high school I joined the Navy Junior Reserve Officers Training Corps. I received a sound Naval education there, and it got me even more excited about being in the Navy. I served the NJROTC unit honorably, becoming the Command Master Chief of the Unit as a junior in High School, a job usually reserved for a senior. I was received numerous awards (I will not bore you with all of them). I received the Cadet Achievement award, the highest award a cadet can earn. I was the only one to receive it in my unit. I assure you I am very highly regarded there, and will give you the name of a Navy Commander and CPO will confirm that, if you wish. Before leaving for the Navy in late 2004, I worked out every day, studied my recruit book and got in the mind set of boot camp. I was so excited.

A few days before leaving to boot camp, I started getting dizzy and unstable. I was way too focused on the Navy to let that stop me. I continued on to boot camp. Upon arriving at RTC, the dizziness was still a problem. And the first day at RTC, I passed out. I was not even sent to the clinic. I kept persistently passing out. After about the 5th time, I was sent to the clinic, where I was told I was fine. This continued to happen until finally, I saw I a doctor who sent me to psychological. The problem was not psychological, but I followed the doctors orders. The psychologist said I was normal. At this point I passed out about 15 times, No one could tell me what was wrong. I just kept getting sent back to boot camp. At this point I was very fearful of dying, and just wanted to go home. So the psychologist said I wasn’t going to get out of the Navy for medical reasons unless it’s a drug problem. So I did a very dishonorable thing. I lied to the psychologist. I told him I used drugs, many times. Which is a complete lie. I believe I was coached into doing it, but I take complete responsibility for my actions. It was my only choice, I thought there was something seriously wrong with me. After I said this he said it would take a couple weeks for me to get out. I was sent back to boot camp, where I still kept passing out. I could not take it anymore and I contemplated and then attempted suicide. I was then sent to a hospital and sent home. I know what I did was unacceptable, but I was in serious pain. Upon return to my home in Orlando, I passed out again and was taken to an emergency room where I was properly Diagnosed.

Please allow me to say that I never used drugs in my life, I regret having to lie. I have let myself and the Navy down. Below is the list and an explanation of enclosures, to support my case. I ask you to please change my narrative on my DD 214. 1 think after reading my story and looking at the enclosures you will agree to me. Not being allowed in the Navy is a huge punishment to me. A dream has been crushed. Please do not punish me for the rest of my life by having my discharge say drug abuse. I am only 18 and I have been refused employment because of it. And I have never used drugs. Please reconsider your decision.

Evidence- All of which are included as enclosures.

Urinalysis- I believe I stated I used drugs in November and December. If that was true I would have failed my 30 day drug test that my recruiter gave to me, and the drug test 3 days before, and then my drug test the day I left for boot camp. I passed all of them. Contact my recruiter P0 T_ (NRD Altamonte). You could also check my drug test upon arrival at boot camp. I did not receive the results, but I have never used drugs, so I know it is negative.

Administrative separation processing notification procedure form- dated 20050120, which I signed 20050124 stated my axis one reason for separation was convenience of government. Not one place on that form says anything about drugs. The 11M2 said the axis 1 would be listed on my DD 214. So I signed the paper assuming that my discharge would say convenience of the government. If I knew my discharge would say anything about drugs I would not have signed the paper. And through my knowledge of military law, I didn’t think they would put drug abuse on a discharge that is honorable.

Letter from CO RTC to CO Navy personnel Command- This letter states the same as the previous report of separation. My number one axis is convenience of government- physical or mental conditions. Once again nothing about drugs is listed.

DD 214- Narrative states fraudulent enlistment, drug abuse.

Worksheet for separation- Shows my pay was stopped on 20050131 saying that I was a fraud. That means I lost 10 days of pay. Approximately 360.00.

Check stub from Defense Finance and Accounting Center- A check dated 20030308. Check number 19132555 in the amount of 358.87. The same amount of money I lost for being A fraud. Why did I receive it back. Does that mean I am not a fraud?

Copy of Neurologist bill- States the work up done, showing my diagnoses of syncope.
And you are currently reading the last enclosure, this letter. I hope that this is enough for you to change my discharge. I do wish to appear in Washington D.C., if you would let me. I just want my story told, I believe I did no harm to the Navy. Please consider this change, It would change my life and start my on the path for success again.

Thank you very much.

Respectfully,

W_ T. C_ (Signed by Applicant)

I make the following statements, as part of my claim, with full knowledge of the
penalties involved for willfully making a false statement or claim. (U.S. code, title
18, sections 287and 1001, provide that an individual shall be fined under this title ‘not more than 5 years, or both.)

W_ T. C_ (Signed by Applicant)	20050706		20050706”

Documentation

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

Applicant’s DD Form 214
Administrative Separation Processing Notification Procedure dtd January 20, 2005 (2 pgs)
Commanding Officer’s Report of Administrative Separation dtd February 1, 2005 (2 pgs)
Separation Worksheet (2 pgs)
Receipt from DFAS dtd March 8, 2005
Receipt from Neurocare Institute Central Florida dtd March 25, 2005

PART II - SUMMARY OF SERVICE

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

	Inactive:  USNR (DEP)	20040419 – 20050103		COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  20050104		Date of Discharge:  20050209

Length of Service (years, months, days):

	Active:    00  01  06  
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  none
	Confinement:		  none

Age at Entry:  18 

Years Contracted:  4 (24 month extension)

Education Level:  12				AFQT:  84

Highest Rate:  AN

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):  None.

* Not Available

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

UNCHARACTERIZED/FRAUDULENT ENTRY INTO MILITARY SERVICE, DRUG ABUSE, authority:  NAVMILPERSMAN, Article 1910-134 (formerly 3630100).

Chronological Listing of Significant Service Events:

040414:	United States Navy Illicit Behavior Screening Certificate.  Applicant states that he has not used illegal drugs, abused alcohol, or participated in aberrant behavior.

 040419:	Report of Medical Examination upon entry:  Applicant failed to disclose existing medical conditions/problems.

040419:	DD Form 2807-1.  Applicant failed to disclose pre-service drug abuse.

050104:	United States Navy Illicit Behavior Screening Certificate.  Applicant states that he has not used illegal drugs, abused alcohol, or participated in aberrant behavior since 040419.

050113:	Medical evaluation by North Chicago VA Medial Center.  Applicant admitted to 131- 3CA on 050113 in referral from REU with depression, alcohol dependence, cannabis dependence, reported suicide attempt by hanging on 050112 and recurrent suicidal ideation with plan to hang himself.
	AXIS I:  1. Adjustment disorder with depressed mood (DNEPTE)
		  2. Bereavement, prolonged (father’s death 9 years prior to admission (EPTE)
		  3. Alcohol dependence (EPTE)
		  4. Cannabis dependence (EPTE)
	AXIS II:  Personality disorder NOS with borderline and avoidant features (EPTE)
	AXIS III: 1. Recent history of bilateral otitis media associated with headache and dizziness (EPTE)
		    2. Syncope, 3 episodes (DNEPTE)
		    3. Intermittent midsternal chest pain, in remission (DNEPTE)
	AXIS IV: 1. Military stressor
		    2. Chronic unresolved bereavement over father’s death 9 years prior to admission.
	AXIS V: Admission GAF: 22 
	Assessment:
	Plan:
	Admitted to 131-3CA on 1/13/05.  Because of this service member’s inability to adapt to the stressors of the military as evidenced by a past and recent history of alcohol dependence, cannabis dependence, depression, suicide attempt by hanging 1/12/05, recurrent suicidal ideation resulting in psychiatric hospitalization, chronic mood instability with frequent anger (fighting/suspension in high school; punching holes in walls).
Recommendation:  Applicant receives an entry level separation.  If maintained on active duty, this service member will become a high risk of potential harm to self/others. 

050114:	Medical evaluation from DoD VA Psychiatric Liaison, Mental Health Department, Naval Hospital, Great Lakes to Command Officer, Recruit Training Command.  Applicant admitted to 131- 3CA on 050113 in referral from REU with depression, alcohol dependence, cannabis dependence, reported suicide attempt by hanging on 050112 and recurrent suicidal ideation with plan to hang himself. 	SNM (Applicant) has been evaluated by a psychiatrist at North Chicago VA Medical Center and the case has been reviewed via military psychiatric consultation.  Administrative separation is recommended per (a) and based on enclosure (1), which verifies and documents the following evaluation and opinions of a provider credentialed at the Naval Hospital.
	a. Per NAVMED P-117, SNM did not meet the minimum physical standards for enlistment or induction or entry, but the following conditions was discovered later;
b. The condition, as described by the Diagnostic and Statistical Manual IV is: AXIS I:  Alcohol Dependence, EPTE, NSA
		  Cannabis Dependence, EPTE, NSA
		  Adjustment Disorder with Depressed Mood, DNEPTE
		  Bereavement EPTE, NSA
	AXIS II:  Personality disorder NOS with Borderline and Avoidant Features, Severe, EPTE, NSA
	c. The condition existed prior to entry and was not aggravated at any time after enlistment or induction.
	d. The member has no unfitting disability that was incurred in, or aggravated by, active military service, either for the current period or any prior period of service.
	2. At this time, the conditions are sufficiently severe to impair significantly the member’s ability to function effectively in the military environment, as demonstrated by the following problems behaviors: He (Applicant) lied about his untreated and active alcohol and cannabis dependence.  He (Applied) tried to hang himself because he cannot cope with being a recruit.
	3. The disorder(s) are not considered amenable to effective treatment in the military setting.
	4. The following risks are associated with retention in service: He (Applicant) is a threat to himself and others.

 050120:	Applicant notified of intended recommendation for discharge with the least favorable characterization of service as general (under honorable conditions) by reason of convenience of the government-physical or mental conditions, defective enlistments and inductions-erroneous enlistment and defective enlistments and inductions-fraudulent entry into naval service.

050124:	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.

050127:	Retention Warning:  Advised of deficiency (As evidenced by your diagnosis on 14 January 2005, for adjustment disorder.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

050201:	Commanding Officer, Recruit Training Command directed discharge with uncharacterized service by reason of convenience of the government-physical or mental conditions, defective enlistment and inductions-erroneous enlistment; and defective enlistments and induction fraudulent entry into naval service.  Commanding Officer’s comments:  “As evidenced by listed enclosures, a fraudulent enlistment has occurred.  AN C_’s (Applicant) drug use while in the Delayed Enlistment Program warrants separation.  AN C_’s (Applicant) psychiatric conditions affect his potential for performance of expected duties and responsibilities while on active duty and pose a risk if he is retained in the naval service.”

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20050209 by reason of defective enlistment and induction due to fraudulent entry, drug abuse (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).  

 The Applicant requested that the reason for his discharge be changed to “convenience of the government.”  The NDRB, under its responsibility to examine the propriety and equity of a discharge, will change the reason for discharge if such a change is warranted.  The administrative separation process encompasses a performance review of a service member’s entire military record, especially the current enlistment.  Accordingly, commands are required to process members for all reasons for which minimum criteria are met.  This enables the Separation Authority to approve separation for the most appropriate reason and prevents processing a member one offense at a time.   In the Applicant’s case, he was properly notified of the three reasons for administrative processing.  The separation authority directed the Applicant’s administrative separation with a characterization of uncharacterized, separation code “JDT”.  The separation code “JDT”, fraudulent entry into military service, drug abuse, was substantiated by the Applicant’s statement to medical officers that he had used drugs prior to entry to active duty after having denied any pre-service drug use during the enlistment and induction process.   The use of illegal drugs while in the delayed entry program is a disqualifier for enlistment.  A member of the U.S. Navy may be separated on the basis of erroneous enlistment, reenlistment, induction, or extension of enlistment when it would not have occurred if the relevant facts had been known by the Navy Department or had appropriate directives been followed.  No other Narrative Reason for Separation could more clearly describe why the Applicant was discharged.  To change the Narrative Reason for Separation would be inappropriate.   

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 other evidence related to his discharge at that time.  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 2002 until 2 May 2005, Article 1910-134 (previously 3630100), Separation by Reason of Defective Enlistments and Inductions - Fraudulent Entry Into the Naval Service.

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