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NAVY | DRB | 2002_Navy | ND02-00406
Original file (ND02-00406.rtf) Auto-classification: Denied


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


ex-AOAN, USN
Docket No. ND02-00406

Applicant’s Request
The application for discharge review, received 020215, requested that the characterization of service on the discharge be changed to honorable. The Applicant requested a personal appearance hearing discharge review before a traveling panel. The Applicant designated the Disabled American Veterans organization as her representative on the DD Form 293. In the acknowledgment letter to the Applicant, she was informed that the Naval Discharge Review Board (NDRB) did not travel and all personal appearance hearings are held in the Washington National Capital Region. Applicant was also advised that the board first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 021022. 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: GENERAL (UNDER HONORABLE CONDITIONS)/FRAUDULENT ENTRY INTO MILITARY SERVICE, authority: NAVMILPERSMAN, Article 1910-134 (formerly 3630100).


PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues, as submitted

1. The discharge I was given stating, "Fraudulent entry into military service" (which I discovered was based on a statement made by a doctor on my ship that I had a "preexisting personality disorder") was totally unfounded and based on no evidence to that effect whatsoever.
The evidence that I offer to prove my point is the same evidence accepted by the Department of Veterans Affairs, St. Paul Regional Office when on July 25, 2001 they awarded me a 50% Disability Claim (affective August 1999) for depression related to sexual harassment in the service:
-Service medical records for the period of 06-25-97 to 08-18-99. These records contain no proof to support the type of discharge I received.
 -Report dated 11-15-93 from Hennepin County Medical Center. Where I received a medical and psychological evaluation while in high school to help to determine why I had problems with math. I was found to be completely normal both psychologically and intellectually.
 -Minneapolis VA examinations dated 1-18-01 and 3-27-01 where the psychiatric staff found me to be depressed due to the sexual harassment I suffered while in the Navy.
After completing two years in the Navy on board the Aircraft Carrier US Carl Vinson, I felt that this was not the career for me. I had endured sexual harassment which made it very difficult to work making bombs in the bottom of the ship with shipmates who would say sexually explicit things to me and would sexually threaten me. As the only female assigned in my area, I felt that this situation was very frightening and dangerous. I felt that there was no one to whom I could report this harassment without getting myself into trouble for reporting it. When I had an opportunity to work in the ordinance office on the ship, I begged to be allowed to stay there because I was afraid of returning to the scene of the harassment down in the ship. I was concerned that I could get cornered and molested with no one to help me. While on leave in May of 1999, I married a shipmate who had just completed his 4 years in the Navy. This increased my desire to get out. I was led to believe that I could get a discharge based on some incidents in the Persian Gulf when I began to sleep walk. When the discharge papers came, I was shocked to find the reason given for my discharge was, "fraudulent entry" into the service. That was the first I heard of such a thing.
I never had any disciplinary action while in the Navy. I believe that I have every reason to expect an honorable discharge and to receive the educational benefits under the GI Bill into which I contributed.
Submitted by DAV:

 After a review of the Former Service Members (FSM) DD Form 293 Application for the Review of Discharge or Dismissal from the Armed Forces of the United States and all of the evidence assembled for review, we continue to support the contentions as set forth by the Applicant, in her request that she be given the opportunity to change the narrative of her General (Under Honorable Conditions) Discharge with narrative reason Fraudulent Entry to an Honorable Discharge with a more positive and less negative character of discharge narrative. We contend the narrative of characterization of discharge adversely changes her General (Under Honorable Conditions) Discharge to a less favorable character of service, we contend that a honorable discharge was never intended to that negative purpose.

The (FSM) joined the United States Naval Service on June 25, 1997 until August 18, 1999 where she served without any non- judicial punishments during her term of service.

During her military tenure she experienced what she described as several depression related bouts of mental disorders well as being sexual harassed on broad ship. The (FSM) claims she was miss-diagnosed as having prior severe mental disorders by military Medical staff in their effort to accommodate what she calls the reason to show pre-service connection to separate her from military service. The (FSM) was given brief periods of medical treatment with no apparent or complete long term medical plan or any mental assessments according to the (FSM) statements or military medical records or offered any form of counseling what so ever. The (FSM) had compiled treatment records and medical opinions from private sources that attest to his what is now being described as conditions relating to depression and sexual harassment. The (FSM) had been evaluated and rated by the Veteran Administration and granted service connected for the before cited mental conditions and disabilities. The (FSM) had also been involved in post service education, employment and volunteer services wish attest to her positive adjustment to civilian life with help from her VA care providers for her service connected problems and disabilities with no apparent further mal-adjustment conditions.

The (FSM) seeks now to change her General (Under Honorable Conditions to a Honorable Discharge - an effort to receive her maximum benefits and entitlements for her military service and to reassess her life in hopes for a substantiate an secure job opportunities and to also, secure a better future for her and her family. The (FSM) now respectfully requests an equitable standard is applied as well as equity in treatment in seeking the boards' consideration in granting this request.

The (FSM) sincerely hopes that by respectfully requesting and being granted a Up-grade of discharge change from the United Naval Service, will further enhance the ideals she tried to achieve while serving in the Navy. The (FSM) feels that her discharge is a matter of Supreme Honor and Respect that she will cherish throughout her lifetime.

We respectfully request that the (FSM) be given complete and duly consideration by the board. We also respectfully request that the board consider each reasonable explanation submitted by the (FSM) who now seeks to up grade her discharge to a more positive Honorable Discharge in an effort to maintain the character of her service as Honorable.

 We ask for the Boards careful and sympathetic consideration of all the evidence of record used in rendering a fair and impartial decision. These issues do not supersede any issues previously submitted by the Applicant.


Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant's ltr to Mr. J_ S_, VA Center, St. Paul, MN dated October 24, 2001
Dept. of VA, St Paul Regional Office, Rating Decision, dated July 24, 2001
 Hennepin County Medical Center, Child Behavior Learning Clinic Report, dated November 15, 1993 (9 pages)
DAV's ltr, dated January 9, 2002, to NDRB forwarding Applicant's DD Form 293
Applicant's ltr to VA Regional Office, Washington, D.C., dated November 3, 2001
Applicant's ltr to NDRB dated March 4, 2002, providing additional information
Applicant's Résumé
Hennepin Technical College transcript (Summer 2000 to Summer 2001)
Metropolitan State University transcript (Summer 2001)
Applicant's ltr to NDRB dated June 5, 2002, providing additional information
Separation Travel Certificate dated July 16, 1999
Final Separation Report
Enlisted Strength Loss Report
Performance Evaluation (98JUL16 to 99JUL15) (2 pages)
 Copy of DD Form 214
 Applicant's ltr to NDRB dated June 6, 2002, providing additional information and some duplication of information
 CO, USS CARL VINSON, Separation Authority, dated July 16, 1999 (2 pages)
 Copy of DD Form 214 (copy 4)
Copy of Applicant's service record pages (9 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     970214 - 970624  COG
Period of Service Under Review :
Date of Enlistment: 970625               Date of Discharge: 990818

 Length of Service (years, months, days):
         Active: 02 01 24
          Inactive: None
Age at Entry: 20                          Years Contracted: 4

Education Level: 14                        AFQT: 35
Highest Rate: AOAN

 Final Enlisted Performance Evaluation Averages (number of marks):
Performance: 3.0 (1)     Behavior: 3.0 (1)                 OTA: 3.0 (5.0 evals)

 Military Decorations: None

 Unit/Campaign/Service Awards: Navy "E" Ribbon, SSDR, AFEM
Days of Unauthorized Absence: None

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

GENERAL (UNDER HONORABLE CONDITIONS)/FRAUDULENT ENTRY INTO MILITARY SERVICE, authority: NAVMILPERSMAN, Article 1910-134 (formerly 3630100).
Chronological Listing of Significant Service Events :

970214:  Report of Medical Examination upon entry: Applicant failed to disclose existing medical conditions/problems, - sleepwalking and depression.
990301:  Mental Health Evaluation, USS CARL VINSON, Ship's Psychologist:
Pt was viewed as appropriate for psychological evaluation based on triage efforts of sick call corpsman and the physician's assistant.
CHIEF COMPLIANT: "not being able to handle this place anymore."
HISTORY OF PRESENT ILLNESS: According to pt, she's had a difficult adjustment to Navy and felt as if she had to endure a most difficult and hostile environment over the past 1½ years. Only female in her shop, she felt harassed and ridiculed by most of the guys. Specifically, she struggled with people calling her names (e.g., "Greasy") and referring to her as "fat" and "stupid." She reported that she gets pushed out of the way when she tries to help, which she experiences as demeaning. She added that she feels as if she's "walking boobs" to the guys, even the married men, who proposition her in a crude fashion. Her stress was complicated by recent (DEC 98) death of her grandmother. Symptomatically, she reported marked interpersonal sensitivity, moodiness, stress, sleep disturbance, headaches (once weekly, sometimes with nausea and vomiting), gastrointestinal problems (twice weekly), and eczema. She reported that she had seen one of the chaplains, on several occasions, but that it only "made the chaplain cry".
Pt further claimed that she had been "sleepwalking," which she believes began in boot camp…she allegedly had 3 episodes of getting up from her rack, in early morning hours, getting dressed, and starting cleaning. About 1½ weeks ago, she had her 4 th reported "episode”…With regard to her history, she reported having had one instance, at age 9 or 10, where she woke up on the shore of a lake, lying down halfway in the water, during summer camp experience. There were no other reported instances of similar behavior. Pt further described pattern of longstanding characterological problems that included gloomy mood, episodic intense dysphoria, low energy, poor concentration, pessimism, avoidance of social situations due to discomfort, unwillingness to become involved with others unless she's sure she'll be liked, uses restraint in social situations out of fear of embarrassment, chronic low self-esteem, problems with initiative due to feelings of helplessness. She has reported some pervasive impulsivity, as she endorsed problems with controlling her impulses with regard to money, sex, and her verbalizations.
MENTAL STATUS EXAM: Pt was alert, fully oriented and made good eye contact...Mood was reported as irritable. Affect was subdued, tearful when describing her unhappiness about being on the ship. Speech was of normal rate, rhythm, and volume…She denied suicidal ideation, as well as hallucinations, delusions, and bizarre thinking…Judgment and impulse control were unimpaired. Treatment motivation was low; she appeared focused on a situational change (i.e., getting out of the Navy).
DIAGNOSIS:
AXIS I: V62.2 Occupational Problem
         307.42 Insomnia related to Axis II, Cluster C traits under stress
         301.50 Nicotine Dependence
AXIS II: 301.9 Personality Disorder, NOS with Dependent Avoidant,
         and Depressive traits
AXIS III: Gastrointestinal upset, headaches, and eczema secondary to
         Axis I & II problems
AXIS IV: Occupational problems; recent loss of grandmother
 AXIS V: Current GAF: 60
 CONCLUSIONS AND RECOMMENDATIONS:
1 - Pt is psychologically fit for duty, fully responsible for her actions…
 2 - Alleged episodes of "sleepwalking" are NOT consistent with Sleepwalking Disorder. Rather, she appears to be suffering from marked sleep deprivation, associated with chronic insomnia, that can significantly impact mental status…
3 - Pt's suicide risk is low; psychiatric hospitalization is not required.
4 - …Her overall constellation of symptoms suggest an exacerbation of distress in a character disordered individual whose defenses have considerably weakened and have proven to be of limited effectiveness in staving off various intrusions of dysphoric material. Her physical symptoms are similarly associated with ineffective, somatization defenses.
5 - Recommended to attend Stress Management classes offered by MHS, on ship.
6. Findings discussed with pt, who expressed understanding of them.

[ADMINISTRATIVE DISCHARGE PACKAGE NOT CONTAINED IN SERVICE RECORD.]
990716:  CO, USS CARL VINSON directed the Applicant's discharge 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 990818 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).
Issue 1. The Board found that during processing for enlistment, the Applicant failed to disclose a prior service episode of sleep walking and prior service treatment for a mental condition. This constituted fraudulent entry. Sailors who are separated for this reason appropriately have their service characterized as under honorable conditions (general).
 Relief denied.

The Applicant’s discharge characterization accurately reflects her service to her country. The Board found no evidence that the Applicant was unfairly denied medical treatment while on active duty. The discharge was proper and equitable. Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question. No such error or injustice occurred during the Applicant’s enlistment. Additionally, there is no law, or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time, to enhance employment or entitlement opportunities, or for good conduct in civilian life, subsequent to leaving the service. However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, 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. Verifiable proof of any post-service accomplishments must be provided in order for the Applicant to claim post-service conduct and behavior as a reason to upgrade a less than Honorable discharge. The Board determined that the Applicant’s evidence of post-service conduct did not mitigate the conduct for which she was discharged. Relief not warranted.

The Applicant is reminded that she remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of her discharge. 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 18, effective 12 Dec 97 until 2 Feb 01, 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 " afls10.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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