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NAVY | DRB | 2001_Navy | ND01-00204
Original file (ND01-00204.rtf) Auto-classification: Denied


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

ex-SR, USNR
Docket No. ND01-00204

Applicant’s Request
The application for discharge review, received 001207, 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 010524. 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 (verbatim)

 1. I, SR (Applicant) reported on 23 Sep 99 to the Clinical Psychologist, Dr. D. L. H_, Ph.D. simply for comfort and reassurance basically someone to tell me it would be all right. I began by telling him I was homesick and that I missed my twin boys back home. And with that information the doctor then took and evaluation of my past, present and future state of mind. Some of the questions asked were if I indulged in drinking. Which my reply was yes, the next question asked was how often, then I said only when I go out clubbing which was every now and then. But the doctor asked me for a round about number. I paused (thinking), I then replied with, maybe once or twice a week. He also asked me if I could stop drinking at will then I confidently answered yes because I'm not a drinker. I then proceed to ask what is this leading to "he replied", with what your saying this places you in the dependency of alcohol group. With thoughts of uncertainty I asked how am I alcohol dependent, he said in the military you’re a dependent to something if you, for instance in my case have a least one drink per year at that same time whether it’s a birthday, holiday or what ever that makes you dependent for that one drink cause you have to have it every year. Other questions were have I ever harmed any animal person or property. I again said yes. He asked if I would do it again. My reply was yes if that person was deserving of harm. He asked if I was holding out in bootcamp and I said not really because on top of missing my kids some of the Petty Officers and recruits are pissing me off to the point where Im having bad thoughts. He then asked what kind of bad thoughts, then I said like hurting some of them but not to the point of killing one, and thats when he slapped that Anti-Social Personality Disorder on me. To who it may concern at that time my mind wasn't mature enough to handle being separated from my family and being talk down to at such a graphic nature. But for the past year I've been a suvilian dealing with this suvilian lifestyle and now im realizing how good I had it being apart of the United States Naval Service. Before joining the service I had feelings of uncertainty about my future goals and what life had to offer me, until I joined. In my short involvement with the service starting, with the (DEP program) througout my stay in the Navy you all showed me that through the military all my dreams could come true. I had a chance to make up my mind on whatever it was I wanted to do with my life without worry of where my next meal would come from or how my children's needs would be met. You gave me hope where there was none at first what I'm trying to say is that the military is what you make of it and at that time I wasn't mentally ready to make it my life. But now after 1 year and 1 months I have matured my mind, my attitude and my whole outlook on military life and with your approval I'd like to ask of a dismissal of all my records and start over fresh. After seeing what the military has to offer and comparing it to suvillian life I've come to the realization that I want more than anything else to rejoin the service and proudly serve my country and be the best disciplined soldier there could possibly be. In closing I would like to ask that you please overlook all the statements that were made to the Dr., because at that time I was so homesick I would have said just about anything to get out and back to my family. Now I realize I made a mistake and embarrassed the U.S. Navy and I want to apologize for wasteing your time and make up for my mistake. So please would change my reentry code so that I may be restated.

 P.S. They say its always better the second time around and if I'm reenstated I'll hold true to that saying and prove to you that I belong in the military.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Notification Letter to Applicant dtd Oct 6, 1999
Recruit Mental Health Substance Use Evaluation dtd Sep 23, 1999

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: None

 Period of Service Under Review :
Date of Enlistment: 990824               Date of Discharge: 991013

 Length of Service (years, months, days):

         Active: 00 00 24
         Inactive: 00 00 27

 Age at Entry: 21                          Years Contracted: 8

 Education Level: 12                        AFQT: 42

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

 Chronological Listing of Significant Service Events :
990923:  Recruit Mental Health Substance Use evaluation: Substance use for alcohol - 2 - 3 times per week since August 1997. Last used on 18 Sep 99. Diagnoses: 303.90 Alcohol Dependence, EPTE. 301.7 Antisocial Personality Disorder, EPTE.
         SR denies any intent to harm self or others, and is considered safe for holding while awaiting separation. If required, SR was recommended for follow-up counseling.

991006:  Applicant acknowledged he had been found to be alcohol dependent and was not eligible for Level III inpatient treatment. Advised to seek treatment from a civilian treatment facility.

991006:  Applicant notified of intended recommendation for discharge with an uncharacterized service by reason of defective enlistment and induction due to erroneous enlistment as evidenced by medical evaluation of alcohol dependence and as evidenced by an antisocial personality disorder.
991006:  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.

991007:  CO, RTC, GLakes, IL directed the applicant's discharge with an uncharacterized service by reason of defective enlistment and induction due to erroneous enlistment - alcohol dependence and antisocial personality disorder.

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 991013 with an uncharacterized (entry level separation) 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).

In response to the applicant’s issue, the Board found that the applicant was properly diagnosed by a competent medical authority as having an antisocial personality disorder and dependency on alcohol. Both conditions existed prior to the applicant’s entry into the naval service. In addition, the applicant only served twenty-four days of active duty. The applicant wanted his characterization changed to a general discharge, however, an uncharacterized (entry level separation) is not considered a misconduct discharge. Taking into account the applicant’ service record, an uncharacterized discharge is the only characterization the applicant warrants. Relief denied.

The following is provided for the applicant’s edification. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge (D). The applicant must be aware that 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 is reminded that he 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. 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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