Author: CAP
Last saved by: joseph.curtis
Company: NCPB

Docket No. ND06-00732

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

FOR OFFICIAL USE ONLY

ex-SR, USN
Docket No. ND06-00732

Applicant’s Request

The application for discharge review was received on 20060511.  The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable.  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 20070308.  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 erroneous enlistment - alcohol abuse.

PART I - ISSUES AND DOCUMENTATION

Decisional Issues

Propriety: Medical Records mishandled.

Documentation

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

Ltr from Applicant, dtd May 3, 2006
Applicant’s DD Form 214  (Member 4)
45 pages from Applicant’s Service and Medical record

PART II - SUMMARY OF SERVICE

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

	Inactive:  USNR (DEP)	20001109 - 20001210	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  20001211		Date of Discharge:  20010313

Length of Service (years, months, days):

	Active:    00  03  03  
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  None
	Confinement:		  None

Age at Entry:  23

Years Contracted:  4 (12-month extension)

Education Level:  11				AFQT:  84

Highest Rate:  SR

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/ERRONEOUS ENTRY - ALCOHOL ABUSE, authority: MILPERSMAN, Article 1910-130 (formerly 3620280).

Chronological Listing of Significant Service Events: 

001109:	Applicant denied alcohol abuse on SF 93, Report of Medical History.

010226:	Recruit Mental Health, Administrative Separation Recommendation from K_ F_, Ph.D, LT MSC USNR and M. M_, PsyD, Psychology Staff:
	Comments:  SR has been making manipulative suicidal statements to his RDC and shipmates, including requesting his RDC take away his razors.  SR voiced vague self-destructive thoughts with the expressed intent of securing separation.  SR’s occupational and academic history demonstrates many examples of poor follow-through including leaving high school after 10^th grade and securing and quitting several unskilled jobs.  This behavior is not expected of someone of SR’s intellectual capability (AFQT=84) and SR supplies vague and irrelevant reasons for his poor performance.  SR also has poorly managed his finances, losing possession of a car and not having money to pay expenses due to spending his money on alcohol.  SR stated he has used alcohol from age 15 to the present.  SR indicated during the past year he consumed 24 drinks 5 times per week.
	Diagnosis: AXIS I:  Alcohol dependence, early full remission, 303.90  EPTE
		     AXIS II:  Personality Disorder NOS:  Passive-Aggressive personality disorder, 301.9, EPTE
	Plan and Recommendation:
	1.  Entry level separation due to disqualifying psychiatric condition affecting SR’s potential for performance of expected duties and responsibilities while on active duty.
	2.  SR was encouraged to seek treatment for this condition(s) upon separation.  SR was educated regarding this condition.  SR is suitable to report to Separation Division.

010306:	Applicant found to be alcohol dependent but not eligible for Level III inpatient treatment.  Applicant advised to seek treatment from a civilian treatment facility.

010313:	DD Form 214: Applicant discharged with uncharacterized (entry level separation) by reason of erroneous entry – Alcohol Abuse.

Service Record did not contain the Administrative Discharge package.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20010313 by reason of defective enlistment and induction due to erroneous enlistment - alcohol 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 Board presumed regularity in the conduct of governmental affairs (D).

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 service member’s performance or conduct that would merit another 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 3 months in the military to warrant a higher characterization.  No relief is granted.

The Applicant should be aware that, with respect to nonservice-related administrative matters, i.e., VA benefits, educational pursuits, and especially civilian employment, an uncharacterized separation is considered the equivalent of an honorable or general (under honorable conditions) discharge.

Propriety – Medical records mishandled: The Applicant contends that his discharge is improper because “somehow [his] medical records that were sent to the clinic where [he] was to receive therapy were mishandled and additional records possibly misfiled.”  There is no evidence in the record, nor has the Applicant produced any evidence, to support the contention of command misconduct.  In the absence of contradictory evidence, the Board concluded that the government’s agents acted in good faith, proceeded within the bounds of the law, and conformed their behavior to appropriate standards during the Applicant’s Naval service and subsequent administrative processing.  The Board advises the Applicant that he bears the burden of establishing his issues through the presentation of substantial and credible evidence.    The Applicant’s statements alone do not provide sufficient basis to grant relief.  Relief denied.

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 post-service accomplishments or any other evidence related to the 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), 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 5420.174D 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.

D.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs.

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