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NAVY | DRB | 1999_Navy | ND99-00075
Original file (ND99-00075.rtf) Auto-classification: Denied


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

ex-AR, USN
Docket No. ND99-00075

Applicant’s Request
The application for discharge review, received 981020, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. The applicant listed the Veterans Service Office as his 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.

The NDRB did note an administrative error on the original DD Form 214. Block 25, Separation Authority should read: "3620280" vice "3620200", Block 26 Separation Code should read: "JFC" vice "JFX", Block 28 Narrative Reason for Separation should read: “ERRONEOUS ENTRY (OTHER) vice “PERSONALITY DISORDER”. The original DD Form 214 should be corrected or reissued as appropriate.





PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 Character of Service - Uncharacterized
Requesting the Board change the "character of discharge" to Honorable

2. Narrative Reason for Separation - Personality Disorder

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Letter from applicant to Board of Correction of Naval Records dated October 8, 1998
Copy of applicant's DD Form 214 (Member 1 and 4 (2))
Letter from applicant, undated.
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     961210 - 961217  COG

 Period of Service Under Review :
Date of Enlistment: 961218               Date of Discharge: 970127

 Length of Service (years, months, days):

         Active: 00 01 10
         Inactive: None

 Age at Entry: 21                          Years Contracted: 4

 Education Level: 12                        AFQT: 43

 Highest Rate: AR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMA                  Behavior: NMA             OTA: NMA

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: None

 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 :
970114:  Medical evaluation at Recruit Evaluation Unit: Borderline personality disorder, EPTE.

970117:  Applicant notified of intended recommendation for discharge with an uncharacterized service by reason of defective enlistment and induction due to erroneous enlistment as evidenced by a personality disorder.
970117:  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.

970121:  Commanding officer directed discharge with an uncharacterized service by reason of defective enlistment and induction due to erroneous enlistment. Commanding officer’s comments (verbatim):This recruit has effected an erroneous enlistment. Member disclosed pre-service medical history to Branch Medical Clinic 1017 staff and was diagnosed with a personality disorder. Member was self-referred to the Recruit Evaluation Unit by self-referral. I authorize separation from the naval service with an Entry Level Separation.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 970127 with uncharacterized service for defective enlistment and induction due to erroneous entry (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).

In the applicant’s issue, the Board found the separation authority, separation code, and narrative reasons cited for discharge were incorrect and should be changed to read: “3620280, JFC, and ERRONEOUS ENTRY (OTHER)” respectively. Accordingly, the board recommends these administrative changes be made.

The Board has no authority to change reenlistment codes or make recommendations to permit reentry into the Naval Service or any other of the Armed Forces. Applicant is advised to seek changes in block 27 (reentry code) of his DD Form 214 by submitting a petition to the Board of Correction of Naval Records.

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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