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NAVY | DRB | 2001_Navy | ND01-00084
Original file (ND01-00084.rtf) Auto-classification: Denied


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

ex-EM3, USN
Docket No. ND01-00084

Applicant’s Request
The application for discharge review, received 001023, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to convenience of the Government or reduction in force. The applicant requested a documentary record discharge review. The applicant did not designate a representative on the DD Form 293. In the acknowledgement letter the applicant was informed that he was approaching the 15 year point for review by this Board and was encouraged to attend a personal appearance hearing in the Washington, D.C. area. Applicant advised the Board that he was unable to take time off to come to Washington DC for a personal appearance.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010503. 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: UNDER HONORABLE CONDITIONS (GENERAL)/Fraudulent entry, authority: NAVMILPERSMAN, Article 3630100.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. My discharge was inequitable because it was based upon one isolated incident in 16 months of service.

2. The incident occurred because I was under considerable personal stress. My new wife had recently undergone major emergency surgery for an ectopic pregnancy and almost died. I had failed out of Nuclear Power School, and was feeling frustrated with my future career plans with the Navy. On this particular day, my commanding office had been aggressively yelling at me. I had just the previous weekend quit smoking (to which I am still a non-smoker) and I lost my temper and called my commanding officer a derogatory name, which I most certainly regretted. I was brought up on charges and there was going to be a court martial. This plan was dropped when I agreed to be issued a general under honorable discharge with the reason for separation being for the convenience of the government. However, when my discharge was issued, I was given a general under honorable discharge with the reason for separation as fraudulent entry, which had nothing really to do with my discharge.
3. I questioned this discharge but was told I couldn't change it immediately, but that after a few years of civilian life, I could request a change to Honorable for Convenience of Government. I am requesting that my discharge be upgraded to Honorable, for Convenience of the Government, Reduction Force.

4. I have excelled in my civilian life as a good citizen and have excelled in my professional career as a computer network engineer. I have included several references to my accomplishments in item 7 above (Supporting Documents).

5. I have never been in any trouble with an criminal justice system.

6. I have maintained a good home for my wife and children, and been responsible for my family. I adopted my two sons (my wife's) and raised them both to be responsible and contributing members of society. One sone is a computer programmer and the other is currently serving in the US Navy.

7. I have been involved as a community leader in boy Scouts, and one of my sons reached the rank of Eagle Scout. I have also been active in church and community affairs.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:

Judgment of Adoption (Circuit Court for Orange County, FL) dtd 6 Jun 89
Boy Scouts of America Congratulations ltr to Applicant's son dtd Jul 31, 98
Applicant's Committee Chairman, Boy Scouts of America ID card dtd Jan 96
Applicant's 1995 Salesperson of the Year, Monumental Life Insurance Company
Partners pamphlet, Awards Issue 1996, with applicant in photo
Rookie of the Year (1995) article concerning Applicant (3 pages)
Salesperson of The Year Certificate (1995)
Letter of Congratulation from Employer, Allured, dtd Nov 3, 1998
Letter of Accomplishment (pay increase) from Employer, Allured, dtd 09/08/98
 Certificate of Excellence, completion of Microsoft Certified Professional Systems Engineer, signed by B_ G_
Certificate of Completion, Compaq Armada 4100 Self Paced Course
Certificate of Completion, Compaq Prosignia 200 Self Paced Course
Certificate of Completion, Compaq Armada 1500 Self Paced Course
Certificate of Completion, Compaq Armada 7700 Self Paced Course
Certificate of Completion, Compaq DeskPro Family Self Paced Course
Certificate of Completion, Hewlett Packard, Maintenance and Repair for SPN 335: HP Color Laser Jet Printer
Certificate of Completion, Hewlett Packard, Maintenance and Repair for SPN 341: HP Laser Jet 5SI and 5SIMX
Certificate of Completion, Hewlett Packard, Maintenance and Repair for SPN 901: HP Laser Jet Basic Hardware Training
Certificate of Completion, Hewlett Packard, Maintenance and Repair for SPN 339: LaserJet 5L Model C3941A
Certificate of Completion, Hewlett Packard, Maintenance and Repair for SPN 404: HP VECTRA 97/500/VE3/VL5 Series
Certificate of Completion, Hewlett Packard, Maintenance and Repair for SPN 326: HP Laser Jet IIISi, 4Si and 4SiMX
Certificate of Excellence, Product Specialist, signed by B_ G_
Course Completion Certificate, Solaris System Administration II
Recognition for Solaris System Administration I course of completion
HP Course of Completion, Fundamentals of the UNIX System
IBM PC Institute, Course of Completion, IBM Netfinity and PC Service, Technical/ Windows NT Installation and Performance w/grades
Applicant's ltr to the Board dtd Nov 22, 2000 with additional documentation
 Copy of DD Form 214
Enlisted Performance Evals (3)
Enlisted Classification Record page
Enlisted Occupational/Training Record page
History of Assignments Record page
Enlisted Performance Record page
General Discharge Certificate dtd 2 Oct 86
 Congratulation ltr from Cisco Systems passing the Cisco Career Certifications test requirements, dtd Nov 14, 2000
Certificate of Cisco Certified Network Professional - CCNP (valid thru Nov 7, 2003)
Congratulation ltr from Cisco Systems passing the Career Certification test and requirements dtd Oct 1, 2000
Certificate of Cisco Certified Design Associate - CCDA (valid thru Sep 8, 2003)
Congratulation ltr from Cisco Systems passing the Career Certification test and requirements to become a Cisco Certified Network Associate - CCNA dtd Jun 27, 2000
Certificate of Cisco Certified Network Associate - CCNA (valid thru Jun 21, 2000)
Cisco Systems Certificate of Completion, Building CiscoMultilayered Switched Networks dtd Sep 15, 2000
Cisco Systems Certificate of Completion, Building Scalable Cisco Networks dtd Aug 25, 2000

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     850524 - 850530  COG

 Period of Service Under Review :
Date of Enlistment: 850531               Date of Discharge: 861002

 Length of Service (years, months, days):

         Active: 01 04 02
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 88

 Highest Rate: EM3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.8 (1)     Behavior: 3.0 (1)                 OTA: 3.2

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: None

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER HONORABLE CONDITIONS (GENERAL)/Fraudulent entry, authority: NAVMILPERSMAN, Article 3630100.

 Chronological Listing of Significant Service Events :

850625:  Report of Medical Examination upon entry: Applicant failed to disclose hospitalization for psychiatric treatment.
860427:  Admitted to Naval Hospital, Orlando, Psychiatry: 20 year old married Caucasian male, admitted to Psych Ward with a diagnosis of rule out affective disorder and differential diagnosis of explosive personality disorder. After admission to hospital, pt remained somewhat tense. He described having emotional outbursts of anger, sometimes directed towards his wife. As time continued, his attentions focused upon being discharged from the Navy. He initially wanted a Medical Board because of his claims of affective changes. Later he insisted on getting a discharge by any means possible. Affect remained somewhat excited and demanding. He states he was affected by the numerous bomb threats and subsequent evacuation of the ward, becoming angry. This is similar to the prior difficulties he had.
         Discharged Diagnosis: Mixed personality disorder, severe, manifested by emotional lability, narcissistic tendencies, demanding-ness, inability to tolerate frustration and manipulative-ness.
         Recommendation: Disenrollment from Nuclear Power School. Pt diagnosed as having a personality disorder which existed prior to enlistment. Pt is competent and responsible for his action and not suicidal.

860502:  Discharged from hospital.

860XXX:  St. Clare's Hospital provided clinical information from applicant's medical records prior to entry into the Naval Service.
860718:  Applicant notified of intended recommendation for discharge with an under honorable conditions (general) by reason of defective enlistment.
960718:  Applicant advised of his rights and having elected not to consult 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. Applicant did not object to this separation.
860902:  Commanding officer recommended discharge with an under honorable conditions (general) by reason of defective enlistment and induction due to fraudulent entry. Commanding officer’s comments (verbatim): "Petty Officer (Applicant) has been seen at Naval Hospital, Orlando, Florida Psychiatry ward where it was determined he suffers from mixed personality disorder, severe, manifested by emotional lability, narcissistic tendencies, demandingness, inability to tolerate frustration and manipulativeness EPTE.

860921:  CNMPC directed the applicant's discharge with an under honorable conditions (general) by reason of defective enlistment and induction due to fraudulent entry.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 861002 with an under honorable conditions (general) 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 discharge was proper and equitable (C and D).

 The applicant’s first issue states: “My discharge was inequitable because it was based upon one isolated incident in 16 months of service.” The record shows the basis of the discharge was a pre service psychiatric condition that the applicant failed to disclose upon enlistment. This condition was discovered after the applicant was hospitalized at Naval Hospital Orlando. Relief is not warranted.

The applicant’s second issue described the events surrounding his discharge. The NDRB found no impropriety or inequity in the discharge. The record shows the applicant was properly notified of the discharge on 860718 and signed the statement of awareness and request for, or waiver for, privileges the same day. There is nothing in the record stating the discharge would be “convenience of the government”. Relief is not warranted.

 The applicant’s third issue states: “I questioned this discharge but was told I couldn't change it immediately, but that after a few years of civilian life, I could request a change to Honorable for Convenience of Government. I am requesting that my discharge be upgraded to Honorable, for Convenience of the Government, Reduction Force. ” The passage of time is not a reason for which the Board will grant relief. Further, the Board found no reason to change the reason for discharge to “convenience of the government.” Fraudulent Entry best describes the reason for the applicant’s discharge. Relief is denied.

The applicant’s fourth issue states: “I have excelled in my civilian life as a good citizen and have excelled in my professional career as a computer network engineer. I have included several references to my accomplishments in item 7 above (Supporting Documents).” The NDRB reviewed the applicant’s service record and post service documentation and found relief is not warranted.

The applicant’s fifth issue states: “I have never been in any trouble with an criminal justice system.” The Board did not find this issue reason to grant relief. Relief is not warranted.

The applicant’s sixth issue states: “I have maintained a good home for my wife and children, and been responsible for my family. I adopted my two sons (my wife's) and raised them both to be responsible and contributing members of society. One son is a computer programmer and the other is currently serving in the US Navy.” The NDRB did not find this issue reason to change the applicant’s discharge. Relief is denied.

 The applicant’s seventh issue states: “I have been involved as a community leader in boy Scouts, and one of my sons reached the rank of Eagle Scout. I have also been active in church and community affairs.” The NDRB is authorized to consider post-service factors in the re characterization of a discharge. There is no law or regulation which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the service. Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question. Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, may be considered by the NDRB. The applicant failed to provide documentation of community voluntarism over the last 14 years. The Board did not find the documentation provided by the applicant significant enough to warrant an upgrade to the discharge. Relief is not warranted.

The applicant is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. Representation at personal appearance hearing is highly recommended.



Pertinent Regulation/Law (at time of discharge)

 A. Navy Military Personnel Manual, (NAVPERS 15560), Change 7/84, effective
2 Aug 84 until 15 Dec 86, Article 3630100 , SEPARATION OF ENLISTED PERSONNEL BY REASON OF DEFECTIVE ENLISTMENTS AND INDUCTIONS DUE TO FRAUDULENT ENTRY INTO 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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