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NAVY | DRB | 1999_Navy | ND99-00941
Original file (ND99-00941.rtf) Auto-classification: Denied


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

ex-ICFA, USN
Docket No. ND99-00941

Applicant’s Request
The application for discharge review, received 990701, 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 list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000331. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned inequity in the characterization of the applicant’s service. The Board’s vote was unanimous that the character of the discharge shall change. The discharge shall change: HONORABLE / Erroneous enlistment, authority: NAVMILPERSMAN, Article 3620280.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues
1. I FEEL THAT MY GENERAL DISCHARGE WAS UNJUST BECAUSE I WAS DISCHARGED FOR A MEDICAL CONDITION WHICH THE NAVY SAID EXISTED PRIOR TO MY ENTRY INTO THE NAVY BUT OF WHICH I HAD NO PREVIOUS KNOWLEDGE. **PLEASE SEE ATTACHED DOCUMENTS**.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Personal Statement from Applicant
Copies of Pertinent Navy Administrative Records
Copies of Service Medical Records

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None                       HON
         Inactive: USNR (DEP)     931218 - 940221  COG

 Period of Service Under Review :
Date of Enlistment: 940222                        Date of Discharge: 950208

 Length of Service (years, months, days):

         Active: 00 11 17
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 68

 Highest Rate: ICFA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.8 (1)     Behavior: NMF             OTA: 3.6 (on a 4.0 scale)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: None

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

UNDER HONORABLE CONDITIONS (GENERAL) /Erroneous enlistment - enlisted, reenlisted, extended, or inducted in error, authority: NAVMILPERSMAN, Article 3620280.

 Chronological Listing of Significant Service Events :
930921:  Report of Medical Examination upon entry: Applicant disclosed that he had been treated for a medical condition as part of his DUI sentencing.

930921:  When asked on the National Agency Questionnaire if he had been treated for a mental, emotional, psychological, or personality disorder / condition / problem, the applicant replied in the negative. Also, when asked “Have you ever consulted or been counseled by any medical health professional?”, the applicant replied in the negative.

941003:  Applicant seen by Emergency room after being the victim of oral copulation previous night. Applicant given a provisional diagnosis of post trauma depression and referred to Fleet Medical Health Unit.

941004:  Applicant seen by Fleet Medical Health Unit. Determined to be psychiatrically fit and suitable for continued military service.

950105:  Medical evaluation: Provisional diagnosis of depressive disorder and alcohol abuse.
Recommendation from Fleet Mental Health Unit:
1.)      Command may opt to ELS this individual due to his depressive
disorder IVOS, EPTE. If MBR is ELS’d, it is recommended that he obtain substance abuse treatment and follow up psychiatric services at his home of record. If command retains this individual then he should attend Level II treatment and follow up at NAVSTA FMHU – Medical from PT’s command to contact FMHU for appt if Mbr is retained. He is responsible for his actions”.
950119:  Applicant notified of intended recommendation for discharge with an honorable or under honorable conditions (general) by reason of defective enlistment and induction due to erroneous enlistment as evidenced by the existence of a psychiatric disorder prior to entry.
950119:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

950216:  Commanding officer recommended discharge with an uncharacterized service under honorable conditions (general) by reason of misconduct – due to defective enlistment and induction due to erroneous enlistment as evidenced by the existence of a psychiatric disorder prior to entry. Commanding Officer’s recommendation (verbatim): “General discharge”.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 950208 under honorable conditions (general) for erroneous enlistment (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 inequitable (C and D).

In MILPERSMAN, Article 3620280, reads as follows: “ 4. Characterization of service shall be Honorable, unless an Entry Level Separation or an order of release from the custody and control of the military services by reason of void enlistment is determined according to MILPERSMAN 3610300”. Since the applicant did not warrant an Entry Level Separation and no order of release was given, the Board determined that the discharge was inequitable. The applicant’s discharge shall change to HONORABLE / ERRONEOUS ENLISTMENT.




Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 9, effective 15 Aug 91 until 4 Mar 93, Article 3620280, SEPARATION OF ENLISTED PERSONNEL BY REASON OF DEFECTIVE ENLISTMENTS 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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