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NAVY | DRB | 1999_Navy | ND99-00962
Original file (ND99-00962.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND99-00962

Applicant’s Request
The application for discharge review, received 990709, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. The applicant listed Veterans Service Commission as his 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 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: UNDER HONORABLE CONDITIONS (GENERAL)/Fraudulent entry, authority: NAVMILPERSMAN, Article 3630100.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. My Under Honorable Conditions (General) discharge is improper because I should have received an Honorable discharge for medical reasons based on developing Bipolar Disorder and Schizophrenia while on active duty.

2. I told the personnel at the mental hospital that I had used marijuana prior to entry into service, hoping that I would receive a discharge so I could get away from Satan and his demons.

3. I was told that, if I accepted a General discharge Under Honorable Conditions for Fraudulent Entry, instead of an Honorable Discharge for medical reasons. I would be discharged faster. I only wanted to get away from Satan.

4. I was told that, if I accepted General Discharge Under Honorable Conditions for Fraudulent Entry, that my discharge would automatically be upgraded to a full Honorable Discharge in six (6) months after my discharge.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Questionnaire from Veterans Service Officer (12pgs)
Copy of Character Statements (6)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN               None
         Inactive: USNR (DEP)     890131 - 890405  COG

 Period of Service Under Review :
Date of Enlistment: 890406               Date of Discharge: 910213

 Length of Service (years, months, days):

         Active: 01 10 03
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

Education Level: 12                        AFQT: 42

 Highest Rate: DKSA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NOB                  Behavior: NOB             OTA: NOB

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: None

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

UNDER HONORABLE CONDITIONS (GENERAL)/Fraudulent entry, authority: NAVMILPERSMAN, Article 3630100.

 Chronological Listing of Significant Service Events :

890829:  Applicant counseled for poor performance.

891108:  Applicant counseled for lack of responsibility and accountability.

891220:  Applicant counseled for failure to conduct functions of his rating.

 900801:  NJP for violation of UCMJ, Article 86: UA from 900725-900730 (6days/S), violation of UCMJ Article 92: Disobeying a lawful order.
         Award: Restriction and extra duty for 20 days, reduction to E-1. No indication of appeal in the record.
901025:  Medical evaluation indicates applicant was diagnosed as Schizophrenia, undifferentiated type, chronic, with acute exacerbation, manifested by prominent hallucinations, both visual and auditory, flat affects; stress, routine military duty; predisposition, family history; impairment for further military duty, marked; impairment for social and industrial adaptability, considerable: LOD, no EPTS, yes. Finding: It is the opinion of the medical board that applicant was in fact, unfit for enlistment under the provision of AR 40-501, Chapter Two, Section 16, Paragraph 2-32. Furthermore, he is unfit for retention under the provision of AR 40-501, Chapter Three, Section 15, Paragraph 3-29, and should therefore be separated from the service under the provision of AR 635-40. It is the opinion of the medical board that he is mentally competent to handle own financial affairs and is not dangerous to himself or other. Further, it is recommended that he be discharged to his own care following his separation from military service. He has been strongly advised to continue his medication and to seek further psychiatric care as an outpatient in civilian life.
910125:  Applicant notified of intended recommendation for discharge with an under other than honorable conditions by reason of defective enlistment and induction due to fraudulent entry into naval service and misconduct commission of a serious offense, violation, failure to obey general order or regulation.
910125:  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.

910125:  Commanding officer recommended discharge with an other than honorable by reason of defective enlistment and induction due to fraudulent entry into naval service and misconduct, commission of a serious offense violation, failure to obey general order or regulation.

910130:  DAAR indicate LSD abuse, medical officer found applicant dependent, recommended separation via VA Hospital.

910130:  Applicant refused treatment for Alcohol/Drug Rehabilitation.

910212:  CNMPC directed the applicant's discharge with an under honorable conditions (general) by reason of defective enlistment and induction due to fraudulent entry.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on under honorable conditions (general) by reason of defective enlistment and induction due to fraudulent 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).

Responding to the applicant’s first two issues, the Board reviewed the applicant’s entire service record and found no evidence or mitigating circumstances indicating that the characterization of his discharge is improper or inequitable. The Board found nothing in the records, nor did the applicant provide anything to indicate or to show that there exists an error of fact, law, procedure, or discretion, associated with his discharge at the time of issuance, and that his rights were prejudiced thereby. Relief is therefore denied.

Concerning the applicant’s third and fourth issue, the Board noted that if the applicant did not understand the type of discharge he was receiving or had other questions, he should have asked those questions prior to his discharge. The Board found the applicant’s discharge proper and equitable. Relief denied.

Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 7/86, effective
16 Dec 86 until 19 Dec 93, Article 3630100, SEPARATION OF ENLISTED PERSONNEL BY REASON OF DEFECTIVE ENLISTMENTS AND INDUCTIONS DUE TO FRAUDULENT ENTRY INTO NAVAL SERVICE.

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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