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NAVY | DRB | 2002_Navy | ND02-00388
Original file (ND02-00388.rtf) Auto-classification: Denied


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

ex-FN, USN
Docket No. ND02-00388

Applicant’s Request
The application for discharge review, received 020207, requested that the reason for the discharge be changed to Other. The Applicant requested a documentary record discharge review. The Applicant listed a civilian counsel as the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 021114. 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 1910-130 (formerly Article 3620280).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1. To whom it may concern:

The following is a documentation of my account of the medicines and diagnoses that I received while at Naval Training Center, Great Lakes. First, I encountered problems with having flat feet. I was seen by medical personnel and given a prescription of Naproxen Sodium. Along with this visit, I had also recieved a "cold pack" for allergies which contained an antihistamine, generic Tylenol, and cough drops. My next visit was to have a developing cold looked at. At this time I was given a prescription cough syrup which may have had codeine in it. The medicine did not help with the cold, and it progressed to fever, high heart rate, and vomiting. I returned to the medical facilities at N'TC and I was then diagnosed with bronchitis. Upon this diagnosis, I was given an antibiotic for the bronchitis and an antianemic for the vomiting. Shortly after I was given the new medication, I had undergone oral surgery. After the surgery, I was given Vicoden for the pain and Ibuprofen for the swelling in my mouth. At no time during my stay at boot camp, was I advised not to take any medication while taking other medication. Therefore, I continued taking all the medications at the same time until they were removed from my possession when I went to the separation unit to be discharged. Sincerely,

 2. Dear Sir or Madam:

I am entering my appearance as counsel for (Applicant) in regard to his discharge from the Navy. Fireman (Applicant) entered active duty on June 20, 2001, and was discharged on August 6, 2001, for total active service of one month, seventeen days. He was provided with an Uncharacterized (Entry Level Separation) Character of Service. In block 28 of his DD Form 214, the narrative reason for his separation was noted as "Erroneous Entry (Other)." Fireman (Applicant) is petitioning this Board to delete the allegation of erroneous entry (other) and to further correct the corresponding reentry code of RE-4, which would prevent him from reenlisting. Upon being discharged, Fireman (Applicant) was informed that he was being discharged for erroneous entry, as he had failed to disclose that he had previously been suffering from posttraumatic stress disorder. The allegation is that he had concealed this diagnosis from the Navy at the time of enlistment. The conclusion that Mr. (Applicant) had failed to disclose a diagnosed condition of that nature is erroneous, leading to this request for relief. It is correct that prior to entry into the Navy, Mr. (Applicant) had been involved in a serious auto accident, after which he sought professional counseling in order to deal with the emotional impact of that event. However, that is far short of being diagnosed with posttraumatic stress disorder or with clinical depression. Attached at Exhibit A is the report of D. K W, the licensed psychologist who Mr. (Applicant) consulted between October 8, 1999, and March 10, 2000, prior to his enlistment. He indicates in his statement that "(Applicant) was not depressed - clinically or otherwise," although he did have an adjustment disorder with depressed mood as a result of the accident. This is a significantly different clinical diagnosis than depression or of posttraumatic stress disorder. The fact is that Fireman (Applicant) had previously been in an extremely serious auto accident in Ireland from which he is attempting to recover. Also enclosed as Exhibit B is the September 3, 2001, report of Dr. B_ H_, a licensed M.D. and psychiatrist. He met with Mr. (Applicant) on August 31, 2001, shortly after his discharge, and performed a thorough evaluation. Dr. H_ said he found no evidence of a psychiatric illness and no reason to believe that he met the criteria for posttraumatic stress disorder. Fireman (Applicant) wishes to present before this Board the fact that the difficulties that led to his discharge from the Navy were the product of his being overly medicated by drugs which caused a negative interactive in the service member during the course of his basic training. Fireman (Applicant) had a series of very potent prescriptions given to him by medical corpsmen during basic training, which led to an adverse effect on his physical and emotional health during basic training. As the enclosed partial records indicate, Fireman (Applicant) suffered from flat feet and bronchitis or pneumonia during his basic training. He further had a period of high fevers, accelerated heart rate, vomiting of blood, and a weight loss of 22 pounds during a three-week period due to his illnesses. During this time, Fireman (Applicant) was prescribed Naprosyn, Motrin/Tylenol, a strong antihistamine, cough medicine containing Codeine, an antibiotic, Vicodin, and Compazine. The antihistamine, cough medicine, Vicodin, and Compazine all have significant side effects, which are intensified by their mixture. The different medical personnel who prescribed these drugs at different times were apparently unaware that the other drugs had been prescribed and of their drug interaction danger. See the enclosed letter of Dr. K_ of February 5, 2002, in which he provides the medical opinion that the drugs prescribed to Fireman (Applicant) would have caused serious medical consequences. This request for relief must be filed by February 6, 2002, in order to be timely. Since the date of his discharge, Fireman (Applicant) has attempted to obtain copies of his medical records from the Navy and the Great Lakes Training Center in order to present with this Petition. He has engaged the assistance of his Congressman, Congressman T_ P_ of York, PA, to obtain these records. Despite his efforts, Fireman (Applicant) has not been able to obtain his records to date. The Navy has responded to Congressman P_ by indicating that the records appear to be lost. Congressman P_' office has gone so far as to reach the Navy Deputy Chief of Personnel, Vice Admiral _ R_, in the Pentagon to intervene to obtain these medical records. However, the response was that the records have been misplaced. Fireman (Applicant) was treated at the Great Lakes Training Facility at the USS Tranquility Medical Facility. The success of Fireman (Applicant) establishing that he was improperly and overly medicated rests upon his ability to obtain these medical records. The Navy's failure to provide them hampers his case. Fireman (Applicant) is filing this request for relief in order that his rights to said relief are preserved by a timely filing. However, he recognizes that in the absence of his medical records, the strength of his case is diminished. Accordingly, while this application is being filed, we request that disposition of this matter be held in abeyance until June 1, 2002, in order that Fireman (Applicant) can pursue relief through the Freedom of Information Act to request his records. This relief was not previously sought, as Mr. (Applicant) had been informed that he would be able to obtain these records much more quickly if he proceeded through his Congressman. Despite the sincere efforts of the Congressman's office, however, this has not occurred. Mr. (Applicant) now intends to submit a Freedom of Information Act Request/Privacy Act Request so that if the Navy refuses or fails to produce the records, appropriate legal action can be taken. Accordingly, Mr. (Applicant) requests that:

1. The Board accept this filing for review/upgrade of his discharge by eliminating the characterization of an erroneous entry as a basis for his separation, as well as removing the identifier from his DD 214 that prevents him from reenlisting;

2. This Board hold its action in abeyance until at least June 1, 2002, in order that Mr. (Applicant) may obtain the appropriate medical records from the Navy; and

3. Upon receipt of these requested records or upon the Navy establishing that they have destroyed or permanently lost the records, this Board take appropriate action to amend the basis for the recruit's discharge from an erroneous entry/bar to reenlistment to simply an uncharacterized discharge.

I respectfully submit that this sailor should not suffer the lifelong consequences and stigma of a bar to reenlistment due to being overly medicated by non-physician personnel within the Navy who failed to check the drug interaction consequences of the significant doses of antihistamines, Codeine-laden cough medicine, and other drugs that they administered to the recruit during his boot camp training at the Great Lakes Training Facility. Respectfully submitted,

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214
SF 88 - Report of Medical Examination dated June 28, 2000
NAVCRUIT 1133/52 - Enlistment Guarantees dated June 23, 2000
Memorandum from psychologist dated August 25, 2001
Letter from psychiatrist dated September 3, 2001
Letter from Jacobus Medical Center dated February 5, 2002
Letter from Applicant to congressman dated August 14, 2001
Letter from Applicant's mother dated January 14, 2002
Letter from Applicant to congressman dated January 14, 2002
Letter from Beech Tree Podiatry, P.C. dated August 15, 2002
NAVPERS Form 1070/621 Agreement to extend enlistment
NAVPERS Form 1070/613 Nuclear Field Medical Statement of Awareness
NAVPERS Form 1070/613 Nuclear Field Program
NAVPERS Form 1070/613 Nuclear Field Enlistment Bonus, Statement of Understanding dated June 23, 2000
DD Form 4/1 Enlistment/Reenlistment Document (4 pages)
SGLV Form 8286 Servicemember's Group Life Insurance Election and Certificate dated July 3, 2001
Record of dental questionnaire dated July 2, 2001 (5 pages)
Copy of dental record sheets (3 pages)
Recruit Mental Health, Administrative Separation Recommendation, (Posttraumatic Stress Disorder) dated July 19, 2002

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     000623 - 010619  COG

 Period of Service Under Review :
Date of Enlistment: 010620               Date of Discharge: 010806

 Length of Service (years, months, days):

         Active: 00 01 17
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 10                        AFQT: 95

 Highest Rate: FN

 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 1910-130 (formerly Article 3620280).


 Chronological Listing of Significant Service Events :
010719:  Medical evaluation: Assessment confirms the following psychiatric diagnosis: Posttraumatic stress disorder, EPTE.

010731:  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 a posttraumatic stress disorder.
010731:  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.

010801:  Commanding Officer, Recruit Training Command, Great Lakes, IL directed discharge with an uncharacterized service by reason of defective enlistment and induction due to erroneous enlistment. Commanding Officer’s comments (verbatim): As evidenced by the listed enclosures, an erroneous enlistment has occurred. I authorize separation from the naval service with an Entry Level Separation. Reentry Code: Not Eligible (RE-4).

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 010806 with an uncharacterized service 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 Applicant is requesting to have the characterization of his discharge and his reenlistment code changed. The NDRB has no authority to change reenlistment codes or make recommendations to permit reentry or reinstatement into the naval service or any other of the Armed Forces. If the Applicant wishes to reenlist, neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to reenlistment. A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter. Relief is therefore denied.

The Applicant challenges the basis and characterization of his discharge due to a medical misdiagnosis. A medical diagnosis whether proper or improper is not an issue upon which the NDRB can grant relief. When reviewing a discharge, the NDRB does consider the extent to which a medical problem might affect an Applicant's performance and ability to conform to the military stands of conduct and discipline. The NDRB does not consider the Applicant's stated condition, the implied correct diagnosis, or the medical treatment given to the Applicant. The NDRB can only change the basis or characterization of discharge if there is an issue of propriety or equity. If the Applicant wishes to challenge his discharge based upon a misdiagnosis or improper medical treatment, he should file a petition with the Board of Corrections for Naval Records. Accordingly, relief is denied.

 If the Applicant believes an issue or equity or propriety exists that does not involve a challenge to his medical diagnosis or treatment, he is reminded that the period of eligibility for a personal appearance hearing is 15 years from the date of discharge. The application package must be submitted to the NDRB prior to the expiration of the 15-year period. The Applicant can provide additional documentation to support any claims of post-service accomplishments at that time. Representation at a personal appearance hearing is recommended but not required.



Pertinent Regulation/Law (at time of discharge)

 A. The Naval Military Personnel Manual, (NAVPERS 15560C), Change 33, effective 132 Jun 01 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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