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NAVY | DRB | 2000_Navy | ND00-01042
Original file (ND00-01042.rtf) Auto-classification: Denied


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

ex-AR, USN
Docket No. ND00-01042

Applicant’s Request
The application for discharge review, received 000913, requested that the characterization of service on the discharge be changed to General/under Honorable conditions. 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 010313. 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 - ALCOHOL ABUSE, authority: NAVMILPERSMAN, Article 1910-130 (formerly 3620280).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. At time of my entry into the United States Navy I had just become a new father on 8 April 99. I joined the United States Navy for many reasons, one being to support my family. I entered the Navy Recruitment training in June 25, 1999. I was notified in July that my newborn son was having medical problems, I requested to call home and was granted permission. My fiancé notified me that our baby boy had many breathing problems. I informed my senior instructor about my situation and was not helped with nor informed about a possible hardship leave. I felt there was a great urgency for me to go home and attend to my new child's health problems. I then voluntarily confessed an alcohol dependence problem just to get home. The paper was process and I was released Aug 2, 1999. I arrived home on August 3, 1999. My son T_ B_ R_ passed away Aug 4, 1999. I am asking the board to upgrade my discharge and Re-entry code so that I may once again enlist and try to serve my country as I have always wanted.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Applicant's mother letter dtd Aug 10, 1999
Applicant's son's death certificate (8/4/99)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     990616 - 990624  COG

 Period of Service Under Review :
Date of Enlistment: 990625               Date of Discharge: 990802

 Length of Service (years, months, days):

         Active: 00 01 08
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 55

 Highest Rate: AR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: No marks    Behavior: No marks                OTA: No marks

 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 - ALCOHOL ABUSE, authority: NAVMILPERSMAN, Article 1910-130 (formerly 3620280).

 Chronological Listing of Significant Service Events :
990722:  Medical evaluation (Recruit Mental Health): 18 year old, single Caucasian male was referred to REU on July 21, 1999 because applicant revealed prior history of psychiatric treatment for manic-depression and alcoholism with medication until 6/99.
         Past History: Pt denied history of any kind of abuse. Disclosed that family was stable. Problems noted in family include none of significance. Pt reported relationships were stable, reported significant life difficulties, described problems related to substance abuse. He admitted to daily excessive alcohol consumption with repeated drunkenness and blackouts, drinking and driving, negative effects at home and school, increased tolerance and amount, inability to cut down use, increased time spent drinking, and continued use despite persistent problems related to use. Pt also described the death of his older brother (when pt was 14) by huffing starter fluid. Pt felt responsible.
         Psychiatric History: Pt reported a history of mental health care. Revealed attending outpatient counseling with a psychologist three times weekly in spring 1999 due to manic-depressive symptoms and alcoholism. Took antidepressant medication (Celexa) from March until June before entering bootcamp. His symptoms included suicidal ideation, two suicide attempts by overdosing on Tylenol in 4/99, increased aggression and violent behavior, hypersomnia, decreased eating, lethargy, feeling of worthlessness, violent rages with blackout episodes, sudden unpredictable mod shifts, racing thoughts and impulsive behaviors with sexual promiscuity, burning himself, and reckless driving, all exacerbated by his excessive alcohol use. Pt described increased mood problems since age 17.
         Assessment: Axis I: Bipolar Disorder NOS, EPTE; AXIS II: No Diagnosis Offered
         Plan: 1 - Entry level separation is effected because of the disqualifying psychiatric condition(s). This pt is not suitable for continued training given the above diagnosis and is at further risk if retained. 2 - Pt was informed regarding condition and was recommended to seek treatment. Pt is suitability to report to Separations Division.

990727:  Applicant notified of intended recommendation for discharge with a least favorable characterization of General (under Honorable conditions) by reason of convenience of the government due to physical or mental conditions as evidenced by a bipolar I disorder and by reason of defective enlistment and induction due to erroneous enlistment as evidenced by medical evaluation of alcohol dependence.
990727:  Applicant advised of his rights and having consulted 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.

990728:  CO, RTC Great Lakes directed the applicant's discharge with an uncharacterized service (entry level separation) by reason of defective enlistment and induction due to erroneous enlistment as evidenced by medical evaluation of alcohol dependence and by reason of convenience of the government due to physical or mental conditions as evidenced by a bipolar I disorder.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 990802 with an entry level separation (uncharacterized) for defective enlistment and induction due to erroneous enlistment - alcohol abuse(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 enlist again and serve his country. He voluntarily confessed an alchol dependence problem just to get home to his sick child, who later passed away. The applicant was in the Navy for one month and eight days and received an uncharacterized discharge (entry level separation) for erroneous entry. An uncharacterized, entry level separation discharge is the characterization given to individuals without exceptionally outstanding service, who have served 180 days or less and is not a misconduct discharge. The applicant’s discharge was proper and equitable. The NDRB does not have the authority to change reenlistment (RE) codes. The applicant must petition the Board of Correction of Naval Records (BCNR) to have his RE code changed. The Board sympathysis with the applicant and his sorrow but is unable to grant the applicant’s request. 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      


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