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NAVY | DRB | 2000_Navy | ND00-00346
Original file (ND00-00346.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND00-00346

Applicant’s Request
The application for discharge review, received 000119, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. The applicant designate the Texas Veterans Commission as her representative.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000831. 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 (ENTRY LEVEL SEPARATION)/ERRONEOUS ENTRY (OTHER), authority: NAVMILPERSMAN, Article 3620280.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 Applicant's letter to the Naval Discharge Review Board dated 7 January 2000

 1. Erroneous Enlistment (look at Encl 2, paragraph 1, pg 1-2)

2. Pre-Service disqualifying Psychological condition (look at Encl 2, paragraph 4, pg 3)

3. Emotional impact from sexual assault and therapy sessions (look at Encl 2, paragraph 4, pg 3)

4. Mental status exam (look at Encl 2, paragraph 6, pg 4)

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Character Reference letters (3)
Copy of DD Form 214
Applicant's letter to BCNR dtd 7 Jan 2000
Applicant's letter to NDRB dtd 7 Jan 2000 (5 pages)
Admin Separation Package (7 pages)
Medical documentation (4 pages)
Letter from Applicant's sister dtd Oct 5, 1999
Letter from Applicant's father dtd Sep 1, 1999
Letter from Applicant's big sister dtd Sep 19, 1999
Letter from Applicant's mother dtd Sep 27, 1999
Applicant's Public School and College records (16 pages)
Applicant's Boot Camp Letters to Parents (42 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     960517 - 970120  COG

 Period of Service Under Review :
Date of Enlistment: 970121               Date of Discharge: 970610

 Length of Service (years, months, days):

         Active: 00 04 20
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

Education Level: 12                        AFQT: 63

 Highest Rate: SR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF                  Behavior: NMF             OTA: NMF

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

 Chronological Listing of Significant Service Events :
960516:  Report of Medical Examination upon entry: Applicant failed to disclose existing psychiatric problems and medical conditions - dyslexic.

970423:  Medical evaluation (Mental Health Clinic - Clinical Psychologist: This is a USN E-1 with three months of service who is stationed at NHCS. She has a sexual abuse history and was attacked on base recently. Pt referred for a psychological evaluation by her SAVI counselor who was concerned about the impact of the attack on her a few days ago. Upon interviewing, pt indicated that since arriving at bootcamp she has had an acute anxiety reaction to being in the military due fear of being assaulted by men to such an extent that she is hypersensitive, hypervigilant, and avoidant of men. She also indicated that she is fearful of being transferred to a ship due to similar reasons. In additional to her anxiety, she is depressed that she enlisted into this environment that she does not like. She complains of poor appetite, stress headaches, nightmares, sleep disturbances, poor concentration, crying spells, and moodiness. She stated that she had had no suicidal thoughts. She complains of a long history of a Learning Disability that results in her learning slower than her peers. She admitted that the curriculum was too fast for her and she fears that she will be disenrolled and sent to the fleet where she perceives that her safety will be even more threatened.
         Diagnostic Impression:
         Axis I: 300.00 - Anxiety disorder, NOS
         Axis II: V71.09 - No Diagnosis
         Axis III: headaches
         Axis IC: recent attack
         Axis V: Current Global Assessment of Functioning=58
        
         Harm risk is low, pt is too overwhelmed cognitively and emotionally to be successful in the USN. She is also a poor treatment candidate given her insistence to seek help from a religious counselor in TX were her family may be included.
         Recommendation: ELS (Entry Level Separation) due to the presence of a disqualifying psychological condition such that healthy adaptation to the military environment is unlikely without repeated academic failure and emotional decompensation that may require hospitalization due to her inability to function if retained.

970512:  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 pre-service disqualifying psychological condition and learning disability.
970512:  Applicant advised of his rights and elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

970515:  Commanding officer recommended discharge with an uncharacterized service by reason of defective enlistment and induction due to erroneous enlistment - pre-service disqualifying psychological condition and learning disability.

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 970610 with an entry level separation (uncharacterized) for defective enlistment and induction due to 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 proper and equitable (C and D).

In response to applicant’s issues 1-4, the Board found that the applicant had been evaluated by a certified clinical psychologist at a mental health clinic. The psychologist recommended a discharge for a pre-service disqualifying psychological condition and learning disability which is documented in a signed medical record consultation with the applicant. The applicant’s submitted documentation does not warrant a change to an official diagnosis from a qualified doctor. The applicant also waived all her rights, except to obtain copies of documents, on her Notification Procedure Acknowledgement. There is no reason to change either the discharge or reason for discharge.

In addition, the diagnosis by the clinical psychologist was completed within the first 180 days of initial entry of active duty. Therefore, the Board found that an entry level separation is warranted. The applicant is reminded that she is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. Representation at a personal appearance hearing is highly recommended.

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 view DoD Directive 1332.28 and other Decisional Documents by going online at " afls14.jag.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:

                  Naval Council of Personnel Boards
                  Attn: Naval Discharge Review Board
                  720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023      


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