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NAVY | DRB | 2000_Navy | ND00-01043
Original file (ND00-01043.rtf) Auto-classification: Denied


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

ex-SA, USN
Docket No. ND00-01043

Applicant’s Request
The application for discharge review, received 000913, requested that the reason for discharge be changed to Uncharacterized Entry Level Separation. 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 010329. 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/ FRAUDULENT ENTRY INTO MILITARY SERVICE, authority: NAVMILPERSMAN, Article 1910-134 (formerly 3630100).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1. My discharge was unfair because it was based on an incident that occurred when i was fifteen years of age. This was over eight years ago and there was no medical question dating that far in the past on the application. When this issue was confronted during my active service time the medical staff that was assisting me refused to treat me. As soon as my condition was known I was unfairly not treated in anyway, not only with a past medical condition but also with a new condition no matter how small or easily treated it was. I was cut of from any kind of medical treatment from that point on. Then I was completely unfairly discharged.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     990720 - 990728  COG

 Period of Service Under Review :
Date of Enlistment: 990729               Date of Discharge: 991028

 Length of Service (years, months, days):

         Active: 00 03 00
         Inactive: None

 Age at Entry: 23                          Years Contracted: 4

 Education Level: 12                        AFQT: Unknown

 Highest Rate: SA

 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/FRAUDULENT ENTRY INTO MILITARY SERVICE, authority: NAVMILPERSMAN, Article 1910-134 (formerly 3630100).

 Chronological Listing of Significant Service Events :

991015:  Medical Officer, Branch Medical Clinic 237: Applicant placed on temporary hold and is no fit for transfer until cleared by medical. Applicant has an appointment at 0800, 19Oct99. Copy of civilian medical records have been requested. The results of his appointment and civilian medical records will determine his disposition.

991019:  Naval Hospital Great Lakes, IL: A/P: Crohn's disease. Pt. Has prior history of Crohn’s dt since 1991. +Flares 2-3x/yr. Hospitalization in the past for Crohn’s flare Jan 99 with 40lb wt loss. Recommend entry level medical separation.

991020:  Branch Medical Clinic 237: Entry Level Medical Separation for existed prior to entry (EPTE) condition of Crohn's Disease. Diagnosis: Flare of Crohn's disease - abdominal pain and bloody diarrhea EPTE. Condition is not correctable to meet Navy Standards.

991020:  Senior Medical Officer, Branch Medical Clinic 237 recommends an entry level medical separation due to a medical problem that existed prior to entry in the naval service.

991028:  DD Form 214: Discharged with an uncharacterized service by reason of fraudulent entry into military service (other), authority: NAVMILPERSMAN, Article 1910-134.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 991028 with an uncharacterized service 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 reason for discharge was proper and equitable (C and D).

In the applicant’s issue 1, the Board found that the applicant had a history of Crohn’s disease since 1991, which was prior to his entry into the U.S. Navy. The applicant had documented hospitalization in the past for his Crohn’s disease and was therefore discharged for fraudulent entry into the Navy because he did not list this information on any of his enlistment documents. The applicant had a documented “flare up” recent to his enlistment in January 99. The Board finds that reason for discharge is proper and equitable and will not grant relief based on this issue.

Pertinent Regulation/Law (at time of discharge)

 A. The Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective 12 Dec 97 until Present, Article 1910-134 (previously 3630100), Separation by Reason of Defective Enlistments and Inductions – Fraudulent Entry Into the 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 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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