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NAVY | DRB | 2001_Navy | ND01-00016
Original file (ND01-00016.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND01-00016

Applicant’s Request
The application for discharge review, received 000929, 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 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 (OTHER), authority: NAVMILPERSMAN, Article 3620280.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. To the President and the Board members, I am requesting a change of my discharge code. During the time of my entry I was young and really was not prepared for the military. I do admit of myself throwing up during Basic Training. I am sure that it was the cause of me drinking dairy products, and being that the hot weather required go to march. It did not sit well in my body. I was reviewed by one doctor saying I had Bulimia Nervosa. I am very perfectly happy with my weight.
I am now 21 years of age. I have attended college also to better my mind. I believe that entering the military at 19 for myself it was too soon and not ready. I am very much trying to make the United States Army as my career to better myself and serve my country. I am hoping that you will give me that opportunity.

Thank You

Note, I will appreciate all of your time reviewing my request. I am trying very hard to enter the United States Army this year.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Fayetteville Technical Community College transcript dtd 02/03/00
Copy of Applicant's microfiche military records

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     961017 - 970707  COG

 Period of Service Under Review :
Date of Enlistment: 970708               Date of Discharge: 970819

 Length of Service (years, months, days):

         Active: 00 01 12
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 40

 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 :
961017:  Report of Medical Examination upon entry: Applicant failed to disclose existing medical conditions/problems.

970807:  Medical evaluation (Branch Clinic, NavHosp GLakes): Applicant referred by the Chaplain's office because she was feeling depressed. On basis of reported history, interview and assessment data, and behavior observed while at RTC, it was determined that the SR was unsuitable for Naval Service. Administrative Separated was instituted.
         Diagnosis: Axis I: Bulimia Nervosa, Purging type (307.51) EPTE
                  Axis II: No diagnosis (V71.09)
         SR educated as to condition and discharged to RTC Holding Company. SR denied current suicidal or homicidal ideation and is fit for holding.

970813:  Applicant notified of intended recommendation for discharge with an entry level separation (uncharacterized) by reason of defective enlistment and induction due to erroneous enlistment as evidenced by bulimia nervosa.
970813:  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.

970814:  CO, RTC, GLAKES 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 bulimia nervosa.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 970819 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).

 The NDRB found the applicant was properly diagnosed for a pre existing medical condition. There was no impropriety or inequity in the discharge. The applicant requested the Board change her re enlistment code in order to reenlist. The Board has no authority to change reenlistment codes. The applicant should consult a recruiter to determine requirements for reenlistment. 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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