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Docket No. ND06-00637

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

FOR OFFICIAL USE ONLY

ex-FA, USN
Docket No. ND06-00637

Applicant’s Request

The application for discharge review was received on 20060412.  The Applicant requests the Narrative Reason for Separation be changed.  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 20070125.  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 erroneous enlistment.

PART I - ISSUES AND DOCUMENTATION

Decisional Issues

PROPRIETY -  Applicant implies that he did not have a mental condition.
PROPRIETY - Applicant contends he was discharged for a physical condition, not a mental condition.

Documentation

In addition to the service and medical records, the following additional documentation, submitted by the Applicant, was considered:

Applicant’s DD Form 214 (2)

PART II - SUMMARY OF SERVICE

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

	Active:    USMC	19900410 - 19900508	ELS

Extracted from SF-86 and medical record.  Medical record indicates Applicant was awarded an entry-level separation in 1990 from the USMC for failure to adapt.

	Inactive:  USNR (DEP)	20020829 - 20020906	ELS
		 USNR (DEP)	20030210 - 20030211	COG

Period of Service Under Review:

Date of Enlistment:  20030212		Date of Discharge:  20030303

Length of Service (years, months, days):

	Active:    00  00  20
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  None
	Confinement:		  None

Age at Entry:  32

Years Contracted:  4 (12-month extension)

Education Level:  12				AFQT:  66

Highest Rate:  FA

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 Applicable

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

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

Chronological Listing of Significant Service Events: 

030219:	Applicant to Emergency Department, Great Lakes Naval Hospital.  History of present illness:  “I [Applicant] lied to my recruiter.  I have 3 benign tumors.  I shouldn’t be in the Navy.  Tumors are LLQ and very painful.”

030219:	REU referral/evaluation by E_ K. M_, Clinical Psychologist.  Applicant reported having acid reflux problem for 3 years and 3 benign tumors on his left side.  This was not disclosed at MEPs.

030221:	Medical evaluation at Recruit Mental Health by E_ K. M_, Psy.D., Clinical Psychologist.
	Applicant has the following symptoms of schizotypal personality disorder.
	AXIS I: Occupational problems, learning disability not otherwise specified, EPTE.
	AXIS II: Schizotypal personality disorder, EPTE with borderline, paranoid and passive aggressive features.
	Plan: Entry level separation due to disqualifying psychiatric condition affecting Applicant’s potential for performance of expected duties and responsibilities while on active duty.

030225:	Applicant notified of intended recommendation for discharge with the least favorable characterization of service as general (under honorable conditions) by reason of defective enlistment and induction due to erroneous enlistment as evidenced by a schizotypal personality disorder.

030225:	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.

030226:	Commanding Officer, Recruit Training Command, directed the Applicant's uncharacterized discharge by reason of erroneous entry as evidenced by a schizotypal personality disorder.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20030303 by reason of defective enlistment and induction due to erroneous enlistment (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).  

Regarding the Applicant’s characterization of service:  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 his less than one month in the military to warrant a change of discharge to honorable.  A change in the characterization of service is not warranted.

Regarding the Applicant’s narrative reason for separation:  The Applicant contends that his discharge is improper because he was discharged for a physical condition and that he did not have a mental condition.  A member may be separated on the basis of erroneous enlistment when:
•	The enlistment would not have occurred if relevant facts had been known by Navy or had appropriate directives been followed;
•	the enlistment was not the result of fraudulent conduct on the part of member and;
•	the defect is unchanged in any material respect.  
The Applicant was diagnosed, by competent medical authority, with a schizotypal personality disorder, which existed prior to entry, with borderline, paranoid and passive aggressive features.  Therefore, the Board found the Applicant’s narrative reason for separation proper.  Relief is not warranted.

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 Present, Article 1910-130 (formerly 3620280), SEPARATION BY REASON OF DEFECTIVE ENLISTMENTS AND INDUCTIONS - ERRONEOUS ENLISTMENT.

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 Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction.  You should read Enclosure (5) of the Instruction 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 Instruction 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

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