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NAVY | DRB | 2000_Navy | ND00-00386
Original file (ND00-00386.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND00-00386

Applicant’s Request
The application for discharge review, received 000203, requested that the characterization of service on the discharge be changed to general/under honorable conditions and remove the reason for the discharge. 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 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, authority: NAVMILPERSMAN, Article 3620280.

The NDRB did note an administrative error on the original DD Form 214. Block 25, Separation Authority, should read: NAVMILPERSMAN 3620280. Block 26 should read “JFC” vice “JFX”. Block 28, Narrative Reason for Separation should read: “UNCHARACTERIZED (ENTRY LEVEL SEPARATION)/ERRONIOUS 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

 1. Request change in discharge status from entry level separation to General Discharge Under Honorable Conditions with removal of Personality Disorder due to the fact that there was no Personality Disorder in first place.
         A. see page 2; paragraph 2; sentence 5&6 (Applicant's ltr dtd Jan 6, 1999)
         B. see page 2; paragraph 3 (Applicant's ltr dtd Jan 6, 1999)
         C. see page 2; paragraph 4 (Applicant's ltr dtd Jan 6, 1999)
         D. see page 3; paragraph 2; sentence 6 to end of paragraph (Applicant's ltr dtd Jan 6, 1999)
         E. see page 4; paragraph 2 (Applicant's ltr dtd Jan 6, 1999)
         F. see page 5; paragraph 1&2 (Applicant's ltr dtd Jan 6, 1999)
         G. see page 6; paragraph 1&2 (A_ H. K_, Ph.D. ltr of Apr 2, 1997)
         H. see page 7 (Letter of Employment for B&R Stores, Inc. ltr dtd Jul 8, 1999)
         I. see page 8 (Letter of Employment from R_ Market undated)

It's my desire that the board consider all 8 pages in their entirety. I have listed the above as a quick reference only.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Applicant's letter to the Board dtd Jan 6, 2000 (5 Pages)
A_ H. K_, Ph.D. ltr of Apr 2, 1997 to M. J. O_, Psy.D, RTC, Great Lakes concerning Applicant's Diagnosis
Letter of Employment/Recommendation from B&R Stores, Inc. ltr dtd Jul 8, 1999
Letter of Employment from R_ Market undated

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     960620 - 961124  COG

 Period of Service Under Review :
Date of Enlistment: 961125               Date of Discharge: 961210

 Length of Service (years, months, days):

         Active: 00 00 16
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 57

 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)/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 3620200.

 Chronological Listing of Significant Service Events :
941204:  N-AFMET TESTING/REU, DEPT OF MENTAL HEALTH, BR MED CLINIC, GREAT LAKES: This 18 year-old, single, Caucasian, male recruit arrived at RTC on November 15, 1996. He was referred to N-AFMET, and was seen for Phase I, II, and III on Dec 2, 1996, his Process Receiving Day (PR).
         REASON FOR REFERRAL: Information obtained in the first week of training during screening process. Applicant stated, "to get an education and a pay check" as his chief reason for coming into the Navy. The applicant's SF88 and SF93 not available during the evaluation process.
         PSYCHIATRIC HISTORY: Applicant denied a history of psychiatric treatment. However, he reported having suicidal ideations from age 16 to 18. Furthermore, applicant described a persistent pattern of behavior characterized by:
         1) frantic efforts to avoid real or imagined abandonment from his parents and friends characterized by his statement "my parents threatened to throw me out"
         2) unstable intense relationships characterized by problems with his parents and "up and down" relationship with significant others
         3) marked identity disturbance characterized by daily questions of identity
         4) recurrent suicidal ideations from age 16 to the present with ideations while at RTC
         5) chronic feelings of emptiness characterized by decreased appetite, decreased sleep, and feelings of hopelessness
         6) inappropriate intense anger characterized by losing his temper twice a week and punching holes in walls and destroying property
         7) transient stress-related paranoid ideation
         ALCOHOL/DRUG USE HISTORY: Applicant described his use of alcohol which he began at age 16, as involving the consumption of eight to nine (12oz.) cans of beer twice a week. In regard to his use of alcohol, he denied increased tolerance, cravings, alcohol-related incidents, and black-outs. He reported the use of cannabis 13 time from age 16 to 18. Applicant reported using of LSD once.
         MENTAL STATUS EXAM: Revealed an alert, fully-oriented, male recruit in moderate emotional distress. Applicant's mood was dysphoric with a tearful affect. Recent and remote memories were generally intact. Speech was clear and coherent and reflected average intellectual functioning. Though content revealed no present evidence of delusions, hallucinations, gross psychotic features, or phobias. Judgment and insight were fair. Current suicidal and homicidal ideation was denied. Member represents a continuing danger to self and others should expeditious separation not be instituted.
         DIAGNOSIS: AXIS I: No diagnosis or Condition on Axis I, V71.09; AXIS II: Borderline Personality Disorder, Severe, EPTE, 301.83
961204:  Applicant notified of intended recommendation for discharge with an Entry Level Separation (uncharacterized service) by reason of defective enlistment and induction due to erroneous enlistment as evidenced by Navy-AFMET.
961204:  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.

961205:  CO, RTC, Great Lakes, IL directed the applicant's discharge with an Entry Level Separation (uncharacterized service) by reason of defective enlistment and induction due to erroneous enlistment. Commanding officer’s comments (verbatim): "This recruit has effect an erroneous enlistment. Member disclosed pre-service history to the Navy-AFMET staff and was diagnosed with a personality disorder. 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 961210 with an Entry Level Separation (uncharacterized) for defective enlistment and induction due to erroneous enlistment (other) ( 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 requested the characterization of discharge be changed to General and the reason “personality disorder” be removed. The Entry Level Separation is warranted as the applicant’s service was less than 180 days. Characterization of service as General is not warranted as the applicant’s active service was only 16 days.

The NDRB found an administrative error on the applicant’s DD214. The applicant was properly processed for discharge as erroneous enlistment, however, an administrative error on the DD214 states “personality disorder.” The DD214 will be reissued to reflect the reason for discharge as erroneous enlistment.

The applicant’s issues A-D are the applicant’s narrative of events while in the service. The NDRB reviewed these issues and found them non decisional in the applicant’s case. Relief is not warranted.

The applicant’s issues E and F are statements of the applicant’s post service and the applicant’s issue with the reason for discharge on the DD214: “Personality Disorder.” The NDRB finds the applicant’s post service employment and aspirations commendable, but due to the applicant’s length of service under 180 days, an Uncharacterized (Entry Level Separation) is warranted. As previously stated, the NDRB found the DD214 issued in error and should be corrected. Relief is not warranted.
The applicant’s issue G is a current medical diagnosis stating the applicant does not have a personality disorder. The NDRB found this issue without merit. While a professional assessment of the applicant’s current mental condition states that the applicant is free from personality disorder, the NDRB found no issue with the Medical Officer’s assessment of the applicant while in service. Relief is not warranted.







 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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