Search Decisions

Decision Text

NAVY | DRB | 2000_Navy | ND00-00866
Original file (ND00-00866.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND00-00866

Applicant’s Request
The application for discharge review, received 000710, 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 010126. 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 1910-130 (formerly Article 3620280).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. First of all I want to say that I am truly sorry for I the trouble I caused and now I want to turn things around and do things the right way. I lied to get out of basic training because I thought that I could not make it and I now that I'm out I look at my recruiter and I know that I can make it and that I didn't even give myself or the NAVY a chance. Since I've been out I've been installing Honor, courage commitment in myself and been practicing the sailor's creed and been tiring to live by it. Please I ask that you give me a second chance and I will do it the right way and I will not let myself or the NAVY down. I want to serve my country to my greatest ability and I feel that I can do my best if I serve in the Armed Forces. I did not give myself a chance before but that will not happen again, I know I can do it and I know I will be the best sailor in the US Navy. I ask again that you give me a second chance so I can finish what I started and I will not let you or myself down, I promise. Thank you for reading this letter.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
None

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     991213 - 991227  COG

 Period of Service Under Review :
Date of Enlistment: 991228               Date of Discharge: 000119

 Length of Service (years, months, days):

         Active: 00 00 23
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 34

 Highest Rate: SR

 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 (ENTRY LEVEL SEPARATION)/ERRONEOUS ENTRY (OTHER), authority: NAVMILPERSMAN, Article 1910-130 (formerly Article 3620280).

 Chronological Listing of Significant Service Events :
000107:  Report of Medical Examination upon entry: Applicant failed to disclose inpatient and outpatient psychiatric treatment his entire life (age 5 - 19). He reports 15 I/P episodes starting age 10. Last I/P discharge 1/99. SR DX manic-depressive with lithium, escalith, thorazine, resperidol, epakote, etc for year (age 5-17).

000112:  Applicant notified of intended recommendation for discharge with a General (under Honorable conditions) by reason of defective enlistment and induction due to erroneous enlistment as evidenced by a bipolar disorder.
000112:  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.

000113:  Commanding officer recommended discharge with an Uncharacterized service by reason of defective enlistment and induction due to erroneous enlistment.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 000119 with an Uncharacterized service 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).

Issue 1. The applicant states he wants to turn things around and do things the right way and serve his country again. The Board determined the applicant’s discharge was proper and equitable. He served 23 days in the U.S. Navy and was discharged with an uncharacterized, entry level separation for erroneous entry. Relief denied.

 Pertinent Regulation/Law (at time of discharge)

 A. The Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective 12 Dec 97 until PRESENT, Article 1910-130 (formerly 3620280), Separation 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 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      


Similar Decisions

  • NAVY | DRB | 2002_Navy | ND02-00028

    Original file (ND02-00028.rtf) Auto-classification: Denied

    PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 000216 with an uncharacterized service for defective enlistment and induction due to erroneous enlistment (A). 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).Issue 1 states: “My discharge is wrong because I've lied to the Navy that I was a transvestite and...

  • NAVY | DRB | 2003_Navy | ND03-00920

    Original file (ND03-00920.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. I was 19 years old, perhaps I was not fully prepared for the life decision I had made for myself at that time that time. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 (Member 1 and 4) PART II - SUMMARY OF SERVICE Prior Service (component, dates...

  • NAVY | DRB | 2003_Navy | ND03-00875

    Original file (ND03-00875.rtf) Auto-classification: Denied

    ND03-00875 Applicant’s Request The application for discharge review was received on 20030424. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. I would highly appreciate your consideration in granting me another chance to serve my country via the Air Force.Applicant) and I joined the Navy August of 2000.

  • NAVY | DRB | 2003_Navy | ND03-01435

    Original file (ND03-01435.rtf) Auto-classification: Denied

    ND03-01435 Applicant’s Request The application for discharge review, received 20030909, requested that the characterization of service on the discharge be changed to general/under honorable conditions. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB. Chronological Listing of Significant Service Events :010730: Entry Level...

  • NAVY | DRB | 2003_Navy | ND03-01196

    Original file (ND03-01196.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. The Applicant’s service record did not contain any unusual circumstances during her less than three months in the military to warrant a change of discharge to “honorable.” You should read Enclosure (5) of the Directive before submitting such a complaint.

  • NAVY | DRB | 2003_Navy | ND03-01048

    Original file (ND03-01048.rtf) Auto-classification: Denied

    ND03-01048 Applicant’s Request The application for discharge review was received on 20030530. The Applicant requests the characterization of service received at the time of discharge be changed to honorable and the reason for the discharge be changed to whatever will allow enlistment. The Applicant’s service record did not contain any unusual circumstances during her less than three months in the military to warrant a change of discharge to “honorable.

  • NAVY | DRB | 2000_Navy | ND00-00645

    Original file (ND00-00645.rtf) Auto-classification: Denied

    PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 990701 with an entry level separation (uncharacterized) due to erroneous enlistment - drug abuse(A). 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 the applicant’s issue, the Board found no reason to change the applicant’s discharge. ...

  • NAVY | DRB | 2000_Navy | ND00-00816

    Original file (ND00-00816.rtf) Auto-classification: Denied

    Decision A documentary discharge review was conducted in Washington, D.C. on 010111. When he told me I can do this request I became very excited as this provides me another chance to achieve my dreams and goals with the U.S. Navy. I hope that you can see my desire in wanting to serve and allow me the chance to correct my mistakes and prove to the navy that I can be an excellent sailor.

  • NAVY | DRB | 2003_Navy | ND03-01474

    Original file (ND03-01474.rtf) Auto-classification: Denied

    ND03-01474 Applicant’s Request The application for discharge review was received on 20030909. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. There was no erroneous entry or anything else, just a boy receiving bad advice from upper ranking counselor.

  • NAVY | DRB | 2005_Navy | ND0500076

    Original file (ND0500076.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB. Recommended for entry level separation.031021: Applicant notified of intended recommendation for discharge with uncharacterized service by reason of defective...