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NAVY | DRB | 2002_Navy | ND02-00594
Original file (ND02-00594.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND02-00594

Applicant’s Request
The application for discharge review, received 020328, 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 030107. 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)/FAILED MEDICAL/PHYSICAL PROCUREMENT STANDARDS, authority: NAVMILPERSMAN, Article 3620280.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1. I, C_ P_ V_ (Applicant) joined the United States Navy in 1996. My recruiter was Petty Officer _. Six months before I joined the military I sustained a concussion. I informed my recruiter of this, and he told me that since I wasn't having any problem after the concussion and if I was serious about joining then I shouldn't mention the concussion. I took the advice of my recruiter, and never mentioned it again, even at the moment of truth. I successfully joined and was sent off to boot camp. While in boot camp I started having problems during P.T. (physical training). I started feeling numbness in my right arm. I was sent to the naval hospital their on base. The Navy doctors asked me a series of questions, which I answered honestly. C.M.R.'s (Civilian Medical Records) were pulled on me. They evaluated the severity of the concussion and concluded that I may have a nerve that was pinched, but not certain. I was told that I was going to be discharged from the military on a ELMS (Entry Level Medical Separation) and could rejoin in two years to five years. Five years have passed and I am now married and have two children. Having a family now, I thought that getting back in the military would be the path to take so I can take care of my family, and be the career that I had been wanting for the past 6 years. When I took my D.D. 214 to my local recruiter, I was told that I could never rejoin because of the discharge code that was given to me. I am writing this letter today, respectfully requesting that my code be changed to another code that would allow me to re-enter the military. I haven't had any problems that would stem from the concussion that I had. I am healthy and strong and I can pass and meet any standards that would be asked of me. I am willing to do whatever it takes to get back in the military. Thank you for your time and attention on this matter, and if there is anything that you can do to help assist me, it would be greatly appreciated.

Thank you again, (Signed by the Applicant)

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214
Highland Lakes Medical Center, Discharge Summary, dated July 4, 1995
Military medical record pages (4 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     960131 - 960225  COG

 Period of Service Under Review :
Date of Enlistment: 960226               Date of Discharge: 960423

 Length of Service (years, months, days):

         Active: 00 01 28
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 9                         AFQT: 55

 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

*No Marks Found in service record.

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

UNCHARACTERIZED (ENTRY LEVEL SEPARATION)/FAILED MEDICAL/PHYSICAL PROCUREMENT STANDARDS, authority: NAVMILPERSMAN, Article 3620280.

 Chronological Listing of Significant Service Events :
960322:  Branch Medical Clinic, Naval Hospital, Great Lakes, IL evaluation: Diagnosis - History of loss of consciousness, 5 years ago and complaint of persistent paralysis of right extremities. Not correctable to meet Navy standards. EPTE - Existed Prior To Entry. Pt not hospitalized. Recommend ELMS - Entry Level Medical Separation.

9604050:         Applicant notified of intended recommendation for discharge with the least favorable characterization of service as General (under honorable conditions) by reason of defective enlistment and induction due to erroneous enlistment as evidenced by head injury with loss of consciousness less than 5 years ago, now has paralysis to right side.

960405:  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.

960405:  Commanding Officer, Recruit Training Command, Great Lakes, IL, directed the Applicant's discharge with an Entry Level Separation (uncharacterized) by reason of defective enlistment and induction due to erroneous enlistment. Commanding Officer’s comments (verbatim): [This recruit has effected an erroneous enlistment. Member disclosed pre-service medical history to the Branch Medical clinic 1017 staff. I authorize separation from the naval service with an Entry Level Separation.]

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 960423 with an uncharacterized service (entry level separation) for defective enlistment and induction due to failed medical/physical procurement standards (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: By regulation, service members discharged within the first 180 days of enlistment are given a characterization of service of Entry Level Separation (ELS) unless there were unusual circumstances regarding performance or conduct that would merit an honorable characterization. The Applicant’s service record did not contain any unusual circumstances during his less than 2 months in the military to warrant a change of discharge to honorable. Relief denied.

Issue 2: The NDRB has no authority to make recommendations to permit reenlistment, reentry, or reinstatement into the naval service or any other branch of the Armed Forces. Neither a less than fully honorable discharge nor an unfavorable “RE” code is, in itself, a bar to reenlistment. A request for waiver is normally done only during the processing of a formal application for enlistment through a recruiter. Relief denied.

Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 5, effective 05 Mar 93 until 19 Dec 93, Article 3620280, SEPARATION OF ENLISTED PERSONNEL 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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