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NAVY | DRB | 1999_Navy | ND99-00040
Original file (ND99-00040.rtf) Auto-classification: Denied


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

ex-MMFR, USN
Docket No. ND99-00040

Applicant’s Request
The application for discharge review, received 981005, requested that the characterization of service on the discharge be changed to honorable. The applicant requested 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 990927. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service. The Board’s vote was unanimous that the character of the discharge shall not change. The discharge shall remain: UNCHARACTERIZED/ ERRONEOUS ENTRY (OTHER), authority: NAVMILPERSMAN, Article 3620280.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Page 7 of Questionnaire for national Security Positions

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     960919 - 960924  COG

 Period of Service Under Review :
Date of Enlistment: 960925               Date of Discharge: 970616

 Length of Service (years, months, days):

         Active: 00 08 22
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

Education Level: 12                        AFQT: 76

 Highest Rate: MMFR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 0.00 (0)    Behavior: 2.0 (1)                 OTA: 2.0 (5.0 eval)

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: 29

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

UNCHARACTERIZED/ERRONEOUS ENTRY (OTHER), authority: NAVMILPERSMAN, Article 3620280.

 Chronological Listing of Significant Service Events :

 960919:  Report of Medical Examination upon entry: Applicant failed to disclose that he had been treated for a mental condition.

960919:  Questionnaire for National Security Positions (SF 86): Applicant check "No" to the question "In the last 7 years, have you consulted with a mental health profession, etc....?".

970317:  Medical evaluation (NAVHOSP, Great Lakes, IL): This is the first psychiatric admission for this 20 year old, single, Caucasian male, E1, Service School Command, MM "A" student with less than six months of continuous active duty. The patient cited two stressors. A breakup with his fiancee two days prior to admission and feeling school was too stressful and drawn out. The patient mentioned breaking up with his fiancee whom he had known for 12 years, six month of which he had dated seriously. [Etc...........] Second stressors, the patient complains of MM "A" School over past one-month, being stressful. The patient states his average grade initially 88 and then it tapered off to 80 over the past three weeks because the patient mentioned he finds work too stressful. The patient on the day of admission told a friend that he was having thoughts of killing himself by shooting himself or jumping off a bridge. This was related to an instructor who recommended he talk to a mental health nurse, LT A_, who did an assessment that the patient needed hospitalization. The on call psychiatry was consulted and the patient was voluntarily admitted to 5E because of concern of his safety. [Etc..........] The patient provides a somewhat extensive psychiatric history, dating back to the 9 th grade when he was involved in a fight and was expelled. He went before a review board hearing who recommended he seek treatment with a psychiatrist for anger management. He did         this weekly for seven to eight weeks. [Etc.......]
         IMPRESSION: AXIS I: Adjustment disorder with depressed mood and
         suicidal ideation
         AXIS II: Personality disorder, not otherwise specified
         with dependent, borderline, passive-aggressive
 antisocial features
                   AXIS III: None
                  AXIS IV: Breakup with fiancee, military
                  AXIS V: Global assessment of function: 45 upon
                  Admission
          RECOMMENDATION: Because of the SR's obvious inability to adapt to the stressor of MM "A" School and breakup with fiancee, it is strongly recommended because of his adjustment disorder with depressed mood with suicidal ideation which includes lethal methods of jumping and gunshot, that he receive an expeditious Entry Level Separation. The patient has an underlying personality disorder, not otherwise specified which makes him incapable of tolerating stressors of separation from his fiancee or family whom he is close to. His personality disorder has existed prior to enlistment. He demonstrates a history of acting out through fighting when stressed and as a product of his personality disorder. The patient has less than six months of continuous active duty since he enlisted on 24 September 1996. [Etc.......] Overall prognosis is poor for this service member based on his Axis 1 and Axis II diagnoses and his lack of motivation for continued service.

970331:  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 the Chronological Record of Medical Care.
970331:  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.

970417:  Commanding officer advised BUPERS that applicant's discharge was directed with an entry level separation (uncharacterized service) by reason of defective enlistment and induction due to erroneous enlistment. Commanding officer’s comments (verbatim): "On 17 March 1997, SR (Applicant) was referred to the Mental Health Unit, Naval Hospital, Great Lakes, for observation and evaluation with regard to an adjustment disorder and situational distress. SR (Applicant)'s personality disorder has resulted in suicidal thoughts and an inability to adapt to the military environment. During the course of the psychological evaluation SR (Applicant) also admitted to prior psychiatric care which he failed to disclose upon enlistment. Pursuant to reference (a), I direct that Personnel Support Activity Detachment, Great Lakes separate SR (Applicant) from the naval service with a discharge characterized as an Entry Level Separation."

970528:  NJP for violation of UCMJ, Article 121: on 20MAY95 stole 5 CD's from the Navy Exchange with a total value of $64.
         Award: Forfeiture of $200 per month for 1 month, restriction and extra duty for 30 days. No indication of appeal in the record.

970616:  Applicant discharged with an uncharacterized (entry level separation) by reason of erroneous entry - other, authority: MILPERSMAN 3620280 & CO SSC ltr 970417.

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 970616 with an uncharacterized service for defective enlistment and induction due to erroneous (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).

The applicant introduced no decisional issues for consideration by the Board.

 Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 14, effective 03 Oct 96 until 11 Dec 97, Article 3620280, SEPARATION OF ENLISTED PERSONNEL BY REASON OF DEFECTIVE ENLISTMENT 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 obtain a copy of DoD Directive 1332.28 by writing to:
                  DA Military Review Boards Agency
                  Management Information and Support Directorate
                  Armed Forces Reading Room
                  Washington, D.C. 20310-1809

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
                  Washington Navy Yard
                  720 Kennon Street SE Rm 309
                  Washington, D.C. 20374-5023     

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