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

FOR OFFICIAL USE ONLY

 ex-AR, USN
Docket No. ND06-00300

Applicant’s Request

The application for discharge review was received on 20051214.  The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions).  The Applicant requests a documentary record discharge review.  The Applicant designated the American Legion as the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20061019.  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 defective enlistment and induction due to fraudulent entry.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application and/or attached document/letter:

“I was recently denied a change in my military record for my DD 214 in reference to my RE code.  I had asked that the application that was used for denial be disregarded, due to new information I had received.  Due to a clerical error in my part, the second application was returned, and Board never received my request.  After sending in my first application, I was finally able to locate my military records, and found the reasoning behind my untimely discharge and the reasoning for my current RE code.  I ask that you please review my case as I intended it to be reviewed.  While I was in A-1 school for Airman Apprentice, I had gotten into a physical altercation with a shipmate who lived in the room next to mine.  Due to this incident, we were both sent to see a Clinical Psychologist by our commanding officer for an evaluation.  When being interviewed, I explained to her that I was having difficulty adjusting to the change in my life.  This led to difficulty sleeping, and yes some occasional crying.  I was away from home for the first time in my life, and I was scared.  While I was trying to sleep, the shipmate I got into a fight with kept playing his radio really loud, and would not turn it down when asked to.  If you review the Consultation report: Presenting Complaint, enclosed in my Military record you will see the interview that took place between me and the psychologist.  There are some items reported that I would like to cover.  I never told her I had anger problems since the fourth grade, because it is not true.  The comment about me breaking a window in Boot Camp is some what true.  My bunk mate attacked me when he got angry.  I had no choice but to defend myself.  When I threw a punch, I missed, and therefore my hand went through a window.  The statement about the chair being slammed into the door refers to the fight with my shipmate I mentioned earlier, and I did in fact pay for any damage.  I did lose my temper with my Sr.  Chief, as he was the one who interviewed me after the fight, and I was still upset.  The second paragraph is true.  I was having adjustment problems, but I felt I could work through them.  The final paragraph is the paragraph in question, and the one used to discharge me under fraudulent entry.  I would not know if I met any criteria for ADHD.  I do know however that I was never on any type of medication, especially Ritalin.  I never have suffered from any of the comments made in this paragraph at all.  Under Psychiatric History, there are statements that I was in a full vegetative state, and hospitalized, where I was administered Ritalin and Tofranil.  I was never treated for any mental illness by a doctor or a social worker.  Under Family Psychiatric History, there is a comment about my mother being on Prozac.  There are also comments about my grandfather and uncle.  If my mother was ever on Prozac, I am unaware of it.  My grandfather and uncle never have been aggressive people.  They are/were both friendly and soft spoken people.  Under Social History, it is true my step-father and I never got along.  My father and I had a good relationship.  He was present for my graduation from Boot Camp.  I was never in a behavioral disorder class in school.  I never had any trouble with my teachers.  The only fights I ever got into were against people involved in gang activity trying to force me to join them.  The remainder of the report is completely false and I have no idea where this information could have come from.  Everything that I was allegedly diagnosed with is not disqualifying, but with all the false information added in, it appears that I lied to enter the military.  I did not enter fraudulently.  At no time in my life have I ever been treated with a mental disorder, and I challenge the board to prove that I did.  Possibly these comments were to be added to another patient’s report, and ended up in mine.  Since leaving the military, I have been employed by the Illinois Department of Corrections, as a Correctional Officer.  This is a job that I would not be allowed to have if the above statements were true.  I have worked with both juveniles and adults, and I am currently an Intuitional Investigator at Robinson Correctional Center in Robinson, IL.  This is not an easy job to receive; it takes hard work and dedication to even be considered.  Due to receiving this job, I have been trained by the Illinois State Police, the Drug Enforcement Agency, and numerous other agencies to make me a successful investigator.  I have had to investigate inmate deaths, acts of violence, inmate drug and gang activity, and I conduct the random drug screening of the inmate for the facility.  This is training that will be useful to me if allowed to reenter the military, as I wish to become a Military Police Officer.  I have been going to college, though I have yet to earn a degree.  I can only go part time, due to work and family.  My increased education did help me.  I retook the ASVAB recently, and scored a 62.  My original score was a 36.  I have only sought out to do things that will make me a better person and more successful since my time in the military.  That is why I ask that you change my RE code, so that I can reenter the military.  I want to be able to finish college, and need funding to do so.  I also want to serve my country.  If given the chance I will not let any of the members of the board down.  I will even write a weekly report from Boot Camp and AIT to let you know how I am doing.  If given the opportunity, I will not let you down, I will not let my wife and kids down, and I will not let myself down.  I will not fail.  I haven’t failed at anything since the Navy.  I refuse to fail in life.  This is a very important goal in my life.  I feel I was discharged unjustly.  I am not asking for anything else but another chance.  Please allow me to have it.  If the board so pleases, I will go to a psychologist and get an evaluation conducted on me.  You will then see that I am mentally stable.  Thank you for your time and consideration.  I hope to hear from you with positive results.

[signed]
R_ R_ E_
(social security number deleted)
(telephone number deleted)”

Representative submitted no issues.

Documentation

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

Statement from Applicant, undtd and unsigned
Applicant’s records of proceedings from the Air Force Board for Correction of Military Records (5 pages)
Applicant’s DD Form 214
Thirty-nine pages from Applicant’s service record
Applicant’s individual development and performance system from State of Illinois, Department of Central Management Services, Springfield, Illinois for period September 1, 1998 to December 1, 1998 (5 pages)
Applicant’s individual development and performance system from State of Illinois, Department of Central Management Services, Springfield, Illinois for period October 1, 1999 to October 1, 2000 (8 pages)
Applicant’s individual development and performance system from State of Illinois, Department of Central Management Services, Springfield, Illinois for period October 1, 2000 to October 1, 2001 (4 pages)
Applicant’s individual development and performance system from State of Illinois, Department of Central Management Services, Springfield, Illinois for period October 1, 2001 to October 1, 2002 (4 pages)
Applicant’s individual development and performance system from State of Illinois, Department of Central Management Services, Springfield, Illinois for period October 1, 2002 to October 1, 2003 (6 pages)
Applicant’s individual development and performance system from State of Illinois, Department of Central Management Services, Springfield, Illinois for period October 1, 2003 to October 1, 2004 (5 pages)
Applicant’s individual development and performance system from State of Illinois, Department of Central Management Services, Springfield, Illinois for period October 1, 2004 to October 1, 2005 (5 pages)

PART II - SUMMARY OF SERVICE

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

	Inactive:  USNR (DEP)	19960202 - 19960221	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  19960222		Date of Discharge:  19960604

Length of Service (years, months, days):

	Active:    00  03  13
	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:  AR

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, authority:  MILPERSMAN, Article 3630100.

Chronological Listing of Significant Service Events: 

960207:	Report of Medical Examination upon entry:  Applicant failed to disclose existing medical conditions/problems.

960517:	Medical evaluation at Mental Health Department, Naval Hospital, Great Lakes, Illinois by A_ W_, PSY. D., Clinical Psychologist.
	This 19 year old, single, Caucasian male E-1 with 3 months CAD was referred for depression and anger management problems.  He was actually screened here yesterday and had a scheduled evaluation appointment 24 May.  However (Applicant)’s command (verified) sent him to ER last night, which precipitated this 72 hour referral, MCMI was administered.  The purpose and nature of the evaluation, and the limits of confidentiality in military health care were made known to the patient.
	Presenting Complaint: (Applicant) has lifelong problem of severe anger control problems since 4th grade.  In the past he has thrown things and punched walls.  While in RTC, he broke a window with his fist; he was seen at REU and returned to duty.  On 14 May he lost his temper and slammed a chair into a door, which he will now have to pay for.  He also lost his temper with a SR.  Chief and he was referred to MHU.  (Applicant) reports being unhappy here.
	He has been depressed for 3 weeks with sxs: 1 hour initial sleep latency with 2 wake-ups of 5 minutes each; decreased appetite, energy, concentration, pleasure, indecision, some amotivation; much increased anger and irritability; cries 2 x a week; no diurnal variation.
	(Applicant) met 16 of 18 symptoms of ADHD and was on Ritalin for 2 months at age 9 or ten, before his mother took him off it, because she did not want him on medication.  He currently has the following residual sxs:  fails to pay close attention to detail and makes careless errors, has major difficultly organizing projects; avoids and is reluctant to get involved in tasks requiring sustained mental effort; loses things necessary for school; is easily distracted by extraneous stimuli; runs or climbs excessively; has difficulty playing or doing activities quietly; is “on the go and driven;” walks excessively; has difficulty awaiting his turn; and interrupts and intrudes on others.
	Psychiatric History: In 3rd grade (Applicant) had a 4% month depression with full vegetative symptoms, was hospitalized 4 months and put on Ritalin and Tofranil.  He saw his doctor a few times and then saw a school social worker weekly from 10 to 17 years old.  He does not know what precipitated that depression.
	Substance Abuse: none
	Family Psychiatric History:  (Applicant)’s mother is on Prozac; his maternal grandfather and a paternal uncle are angry; he is not aware of any family member with ADHD; no fami1y history of suicide.
	Social History: Patient is the middle of 3 children whose parents divorced when he was 1.  He saw his biological father regularly on weekends until at 12, frequently of visits was left to (Applicant).  Step-father came to the family when (Applicant) was 3 or 4.  They had a very poor relationship and verbally fought.  (Applicant) describes him as a drunken a------”  He neither confided in nor shared meaningful activities with either father.  (Applicant) had a very good relationship with his mother, in whom he sometimes confided and did share meaningful activities.  Describes his mother as very loving.  Got along well with his siblings.  Denies any abuse history.
	(Applicant) was in a behavior disorder special classroom from 4th grade to his junior high school year; graduated high school with average between 2.9 and 3.2; did not get along with teachers due to his temper; was in fights with peers, who teased him; had a confidante by high school and social friends; held 6 jobs with longest 2 years and was fired once for tardiness and dated by 12 regularly.
	Military: Has completed Airman ATD with 96% average.  So far no legal charges for his anger outbursts has occurred.
	Medical:  HR not available.
	Personality Functioning:  (Applicant) has lifelong history of avoidant, dependent, anti-social and passive-aggressive personality disorder.
	AVOIDANT: is hypersensitive to criticism and rejection; is preoccupied with fears of negative evaluation by others; fears public humiliation; avoids social interactions and activities, for fear of negative evaluation; wants assurances up front that someone will be and stay friend, before entering into a relationship; except with his fiancée, he shows restraint in relationship for fear of ridicule; and feels inadequate and inept, as well as extremely uncomfortable in social situations. He does, however, want friends.  He only socializes with people he knows well and he feels safe with.  DEPENDENT; he is he is submissive and compliant to what others want to be liked and will even go so far as to take unpleasant duties to be liked; asks others’ advice and allows them to make the decision most of the time; needs others to get him started on a project and keep him going; feels lonely and sad when alone; is very devastated when a relationship ends; and will not disagree with support persons for fear of losing their support.  PASSIVE AGGRESSIVE: When he does not want to do something he is told to do, he procrastinates; works slow, resents suggestions on how to do it; becomes argumentative and sulky when told to do things he does not want to do; and resents suggestions.  He admits to problems with authority and inability to take/follow orders.  ANTI-SOCLAL: Was in 20 to 30 fights w/o weapons, of which he started 15, was truant twice, was suspended at least 50 times for behavior problems; shoplifted 7 times; vandalized property once; set fires on purpose lied to get out of trouble; injured his sister once, but she did not need to be hospitalized, is a risk taker.
	Psychological Testing: MCMI was valid with moderate attempt to look more seriously disturbed.  Results show severe anxiety with moderate depression and mild likelihood of psychotic depression (letter not seen at all).  Personality functioning shows extreme likelihood of manifesting with avoidant, schizoid and passive-aggressive features.  There is low probability of dependent and anti-social features.  (Applicant) is NOT schizoid; he wants friends, would prefer activities with trusted friends, responds to praise and criticism and has normal sexual interest.  These results were discussed with the (Applicant).
	Mental Status Exam revealed an alert, oriented, cooperative ma1e with neutral mood and affect congruent to topic.  Speech and psychomotor activity were WNL.  There was not thought disorder or perceptual disturbance.  Thought process were logical and goal-directed.  Short term memory recall was 4/4.  Calculations forward had 1 error and were very slow; he could not do calculations backwards in his head.  Abstraction was fair for similarities but very poor for proverbs.  Judgment was intact.  Insight was intact, but minimal.  (Applicant) was not suicidal or homicidal.
	Diagnoses:  Axis I: - Attention Deficit Hyperactivity disorder, residual state, moderate, EPTE (not disqua1ifying)
	Axis I - Adjustment disorder with depressed (mild) and angry mood (moderately severe), DNEPTE (not disqualifying)
	Axis I - Intermittent Explosive disorder, moderate, EPTE (not disqualifying).
	Axis II - Avoidant personality disorder with dependent, anti-social, and passive-aggressive features, severe, EPTE
	(Applicant) is not psychologically suitable for the Navy due to a severe personality disorder.  He has difficulty being around people, due to his avoidant personality disorder; has already acted out angrily 3x here and has a long history of fighting, problems with authority, school suspensions and having to be in a behavior disorder classroom; has very poor anger control; and has history of psychiatric hospitalization, as well as years of treatment.  He is not currently suicidal nor has he ever been.  Although today, he has thoughts plans or intent to harm others, he is seen as a CONTINUOUS risk for harm to others if he is retained in the Navy.  As noted above, he has a track record of assault.
	Current GAP: 50.  (Applicant) is not a current suicide risk.
	Recommendations: Recommend EXPEDITIOUS ADSEP for the above reasons.  He has ONLY 3 MONTHS of active duty and has already shown serious impairment.  He will follow up for 4 weeks in cognitive group starting 22 May to help his depression; he will follow up in MHU support group till discharge; he will attend 1 session of relaxation to help his sleep troubles; and will follow up with me on 24 May at 1100 to work on anger management.
	Patient Education: Patient was educated regarding any applicable testing, diagnoses, recommendations, treatment options and requirements and follow up care.

960523:	Applicant notified of intended recommendation for discharge with the description of service will be entry level separation (where applicable) or the least favorable characterization of service as general (under honorable conditions) by reason of convenience of the government on the basis of a personality disorder and defective enlistment and induction due to fraudulent entry into the naval service as evidenced by your chronological record of medical care. 

960523:	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.

960528:	Commanding Officer, Service School Command, Great Lakes, Illinois directed discharge with an uncharacterized service by reason of convenience of the government on the basis of a personality disorder and defective enlistment and induction due to fraudulent enlistment into the naval service.  Commanding Officer’s comments:  “On 17 May 1996, AR E_(Applicant) was self-referred to the Mental Health Unit, Naval Hospital, Great Lakes, for observation and evaluation for depression and anger management problems.  During the course of the psychological evaluation AR E_ also admitted to a history of psychiatric treatment which he failed to disclose upon enlistment.  I concur with the psychological evaluation and recommendation that AR E_ should be separated from the naval service.  He is considered to have no further potential for naval service.  Pursuant to reference (a), I direct that Personnel Support Activity Detachment, Great Lakes, separate AR E_ from the naval service with a discharge characterized as Entry Level Separation.”

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19960604 by reason of defective enlistment and induction due to fraudulent entry (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 claims he was never treated for any mental illness by a doctor or a social worker.  During a Psychological Evaluation conducted by competent medical authority, at Naval Hospital Great Lakes on 19960517, it was documented the Applicant, in 3rd grade, had a 4 month depression with full vegetative symptoms.  The Applicant was hospitalized 4 months and put on Ritalin and Tofranil.  The documentation and statements provided by the Applicant were not sufficient to overturn the fact that the Applicant was properly diagnosed by competent medical authority with a personality disorder.  The evidence reviewed did not persuade the Board that this diagnosis and subsequent administrative separation was improper or inequitable.  Relief denied.

The Applicant states “I wish to become a Military Police Officer.  That is why I ask that you change my RE code, so that I can reenter the military”.  Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, NDRB is not authorized to change a reenlistment code.  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.  Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.

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.  Navy Military Personnel Manual, (NAVPERS 15560C), Change 9, effective 
22 Jul 94 until 02 Oct 96, Article 3630100, SEPARATION OF ENLISTED PERSONNEL BY REASON OF DEFECTIVE ENLISTMENTS AND INDUCTIONS DUE TO FRAUDULENT ENTRY INTO 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