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NAVY | DRB | 2002_Navy | ND02-00688
Original file (ND02-00688.rtf) Auto-classification: Denied


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

ex-MA3, USN
Docket No. ND02-00688

Applicant’s Request
The application for discharge review, received 020417, requested that the characterization of service on the discharge be changed to honorable. The Applicant requested a personal appearance discharge review in the Washington National Capital Region. The Applicant did not designate a representative on the DD Form 293. In the acknowledgement letter to the Applicant, he was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 030116. 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.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

Prior to the documentary discharge review, the Applicant introduced no issues as block 8 on the DD Form 293 is blank.

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Naval Reserve Personnel Center, Annual Retirement Point Record
Copy of Applicant's Certification of Birth
Copy of DD Form 214 (01MAR28 - 01JUL23) (2 copies)
Copy of DD Form 214 (95SEP21 - 99SEP24) (2 copies)
Copy of Applicant's Social Security Card
State of Tennessee, Dept of Personnel, letter to Applicant, dtd Jan 6, 2001
State of Tennessee, Dept of Personnel, letter to Applicant, dtd Jan 28, 2001
DoD MEPS, Nashville, TN Active Duty Orders to Applicant dtd Mar 28, 2001
Applicant's Enlistment Guarantees (NAVCRUIT 1133/52) dtd Mar 28, 2001
Applicant's NAVCOMPT 3062, L20 Enlisted Activity Loss (2 pages)
Applicant's Travel Itinerary/Invoice dtd Dec 21, 1995 (4 pages)
Applicant's Direct Deposit Sign-Up Form dtd Jul 8, 1997
Applicant's Travel Itinerary/Invoice dtd Mar 30, 2000 (3 pages)
 3 Performance Evaluations (99JUN16 to 99SEP21, 97JUL16 to 98JAN15, 95DEC22 to 97JAN15)
Applicant's High School Diploma dtd June 4, 1994
Navy & Marine Corps Achievement Medal Citation (8 Aug to 20 Dec 1997)
Navy Achievement Medal Award dtd 18 Dec 1997
 Applicant's Check In/Out Sheet, USS NASHVILLE (LPD 13) dtd 30 Aug 1996
Credit Information Center ltr to the Applicant
DoD MEPS, Nashville active duty order to Applicant dtd 2 Jun 1994
Copy of Applicant's Record of Emergency Date dtd June 2, 1995
Applicant's U.S. Navy Illicit Behavior Screening Certificate dtd 19 Feb 2001
Servicemen's Group Life Insurance Election and Certificate (2 pages)
Enlistment Statement of Understanding (NAVCRUIT 1133/53) (2 pages)
DoD National Agency Questionnaire (DD Form 398-2) (3 pages)
Enlistment Guarantees (NAVCRUIT 1133/52)
Administrative Remarks (NAVPERS 1070/613) (2 pages)
Applicant's Transfer Orders dtd Dec 20, 1995 (6 pages)
Forensic Examination dtd Apr 23, 2001
United States Navy Illicit Behavior Screening Certificate (NAVCRUIT 1133/65)
 Commander, Navy Recruiting Command's Enlistment Eligibility Waiver Request for Applicant, dtd Feb 28. 2001
Welcome Navy Veterans (NAVETS) information/check-in letter (4 pages)
Applicant's Check-In Sheet for NR FFG AUGMENT UNIT 211 (2 pages)
Applicant's Donor Record Form (2 pages)
Applicant's Unofficial Transcript (11/29/1999 - 03/09/2001)
Applicant's MEPS Transfer Orders dtd Mar 28, 2001
United States Navy Illicit Behavior Screening Certificate (NAVCRUIT 1133/65)
Applicant's Watchstation Courses (6 pages)
April 2001 Discipline Deck/Escort Watchbill
Administrative Remarks (NAVPERS 1070/613)
Applicant's Leave and Earnings Statement (2 pages)
Applicant's Travel Voucher or Subvoucher dtd Sep 17, 00
Grade Report from Central Texas College dtd Jan 8, 1999
Austin Peay State University Transcript Jun 20, 1995
ITT Technical Institute Transcript Mar 28, 2001
Grade Report from Central Texas College dtd Feb 26, 1999
Applicant's letter to the Board dtd Sep 9, 2002
Applicant's ltr to the Board undtd, received on Sep 25 2002 (8 pages)
U.S. Commission on Civil Rights ltr to Applicant dtd Dec 14, 2001
Applicant's ltr on Rodeway Inn letterhead
Applicant's ltr to "Whom it concerns" undtd (2 pages)
Copy of All Hands FY95 Monthly Basic Pay Chart
Partial Information Sheet from NRD Nashville TN
Partial Standard Letter of Congratulations to New Recruits
Applicant's Student Score Report (National Engineering Aptitude Search
"A" School Student Check-In Procedures (6 pages)
Tennessee Dept of Employment Security, Wage Transcription and Initial Determination dtd Nov 22, 1999 (2 pages)
Applicant's DD Form 2586 (Job Skills) dtd Mar 1, 1999 (9 pages)
Applicant's Navy Service Schools/Military Training Courses
Applicant's Enlisted qualifications History
Applicant's Flight Itinerary (Sep 21, 1995 to Dec 20 1995)
ADP Accession Information dtd Sep 21, 1995
Selective Service System Registration Acknowledgement dtd Jul 7, 1993
National Engineering Aptitude Search Test Center Admission Ticket (Test Date- Mar 6, 1993)
NAVEDTRA 1430/5 (Microwave Principles) dtd Jul 2, 2001 (2 pages)
Applicant's 1993-94 Act Assessment Student Report (2 pages)
Certificate of Completion, Petty Officer Indoctrination Crs, dtd Dec 10, 1998
Frocking letter to Application dtd Dec 24, 1998
Navy and Marine Corps Achievement Medal Citation/Navy Achievement Medal Certificate
Certificate of Special Recognition, Clarksville-Montgomery County Schools
Applicant's Pay Receipts (2 pages)
MetLife TCA Money Market Account Statement (10/1/01 to 10/31/01)
Applicant's application for Standard Government Headstone or Marker
Disabled American Veterans Grateful Appreciation Certificate for Joseph Gupton
Unsigned "Honorable Discharge Certificate" dtd Jul 6, 1971 for Joseph Gupton
Blood Donation, American Red Cross Certificate of Appreciation dtd Feb 3, 2000
Who's Who Among American High School Students dtd Jun 22, 1992 (2 pages)
Record of Military Processing - Armed Forces of U.S. (DD Form 1966/1 and 1966/2) (2 pages) Joseph Gupton
Cingular Wireless Statement/Bill
Direct Deposit
Wells Fargo Loan Papers Draft Nov 23, 2001
Information on certificate being sent in memory of deceased veteran
Loan Amortization
DoD Armed Forces Institute of Pathology ltr to Joseph Gupton dtd Dec 4, 1998
Boy Scouts of America Information for Explorers
1993 Washington Journalism Conference Preliminary Schedule of Events
Trane Company ltr to Applicant dtd May 19, 1993
Washington Journalism Conference ltr to Applicant dtd Dec 16, 1992 (3 pages)
Certificate of Completion, Keystone International, dtd Nov 14, 1999
Certificate of Graduation, DoN, Signalman "A" School, dtd Aug 5, 1996
Certificate of Completion, Operations Strand Job-Oriented Basic Skills, dtd Mar 7, 1996
Good Conduct Award Certificate dtd Sep 21, 1998
Applicant's Father's Presidential Certificate/Recognition of Service undtd
Dept of Interior Bureau of Mines Certificate dtd May 26, 1972 issued to Applicant's Father
DD Form 214 Issued to Applicant's Father on Jul 6, 1971
Applicant's Bag Inventory dtd Nov 27, 1995
Earning Statements
Copies of Applicant's and family members ID's - Social Security, Driver License, Boy Schools of America, ITT Student Card
NAVEDTRA 1430/5 - Magnetic Recording (2 pages)
Copy of Tennessee 14 day limit License
Receipt, USMMA Continuing Education, Kings Pont, NY
Applicant Father's Allotment of Pay for Credit to Savings Account dtd Feb 13, 1973
Applicant's Father BellSouth Statement dtd Dec 14, 2001
Applicant's Father Certificate of Appreciation, DoA, dtd Jul 6, 1971
Navy Exchange, Great Lakes, Receipt
Paine Webber Transaction Confirmation, J_ C. G_, dtd Apr 16, 2001
Applicant's Navy Federal Credit Union Statement of Account (12/25/01 - 01/24/02)
Navy Marine Corps Uniform receipt dtd Feb 14, 2001
Applicant's Bank Statement (06/29/01 - 07/31/01)
Applicant's Bank Statement of Jan 3, 1989
Applicant's Bank Statement (2/20/1999 - 3/23/1999)
Navy Marine Corps Uniform invoice and payment requirement (2 copies)
ITT Technical Institute ltr to Applicant dtd Jan 29, 2002
Bank of America Surplus Notification ltr to Applicant
Clarksville Fire Fighters Association Local 3180 Newsletter
Navy Exchange Tailor Shop receipt dtd Apr 4, 2001
Personal check from Applicant to D_ H_ dtd Aug 21, 1997
J_ C. G_ Pay Stub (06/05/99 - 06/17/99)
Tennessee Cust Svc Dist Notice of Rating Ineligible issued Apr 7, 2000
Dept of VA ltr to Applicant dtd Dec 7, 1999
Applicant NFCU, MasterCard Statement
Copy of check payments on car and car insurance (4 receipts)
Copy of Car Title
Receipt of Tax Service dtd Mar 23, 1999
Cavalier Telephone Statement dtd Apr 8, 2002
Central Texas College Grade Report dtd Feb 26, 1999
H.H. Gregg's sales receipt dtd Apr 8, 2000
Work Order dtd Apr 17, 2000
Kinko's Confirmation Report dtd Aug 28, 2001
Power of Attorney dtd Jun 9, 1997

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR            950602 - 950920  To Active Duty
         Active: USNR              950921 - 990924  HON (Released from
                                                                        AcDu & Transfer to IRR*)
         Inactive: USNR            990925 - 010327  HON (to enlist USN)

Reserve Obligation Termination Date: 030602
 Period of Service Under Review :
Date of Enlistment: 010328               Date of Discharge: 010723

 Length of Service (years, months, days):

         Active: 00 03 26
         Inactive: None

 Age at Entry: 25                          Years Contracted: 4

Education Level: 12                        AFQT: 42

 Highest Rate: MA3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF*        Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, AFSM, SSDR(2), MUC, NAM, NATO Medal, JMUC, HSM, GCM

Days of Unauthorized Absence: None

*No Marks Found for this period of service.

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

UNCHARACTERIZED (ENTRY LEVEL SEPARATION)/ERRONEOUS ENTRY (OTHER), authority: NAVMILPERSMAN, Article 1910-130.


 Chronological Listing of Significant Service Events :
010424:  NAVHOSP Great Lakes Medical Evaluation: 25 year old, African American male with over 4 years of broken service was referred for a psychiatric evaluation by the command due to increasing episodes of strange behavior. Chief Compliant: Pt stated: "I told legal and TPU that they have a drug problem on the Naval Base." Pt reported that his command thinks he is "crazy" because he is informing that there is a drug problem on base. The pt also reported that the police from 12 different states are following him, he reported that an undercover police officer from Chicago followed him to Clarksville, TN and had him under surveillance. The pt also stated that the police had his home bugged. His command reported that he refused a dental exam and when asked if he went to dental he replied, "I don't know." He has been telling others at his command that he is being profiled by the police and being followed by GLPD (Great Lakes Police Dept.).
         MSE: Alert and oriented times 4; dressed in the uniform of the day, eye contact was poor; speech was pressured; …angry and irritable mood, …no A/V hallucinations; paranoid delusions about the police following him; no indications of organic impairment, not current suicidal ideation/homicidal ideation, plan, or intent. Poor insight, judgment and impulse control, thoughts were tangential, circumstances at times he demonstrated looseness of associations.
         IMPRESSION: Pt reports with persecutory delusions of being followed by the police and the police bugging his home. His speech and thought processes are disorganized. Command has noticed his increasingly delusional thoughts…Pt has no insight into his illness, and exhibits poor judgment. In view of his current persecutory delusions and poor insight, his level of risk is considered moderate. Pt needs observation on an inpatient psychiatric unit, but at this time is unwilling to voluntarily admit himself. This provider consulted with Dr. J_, acting heard of SE, and he stated that pt could be admitted involuntarily in view of his delusions and poor insight; and disorganized behavior.
         DIAGNOSIS:
         AXIS I - 298.9 Psychiatric Disorder NOS, R/O 297.1 Delusional Disorder
         AXIS II - Deferred
         AXIS III - None
         AXIS IV - Routine Military Service
         AXIS V - GAF = 40
         PLAN: (1) Pt admitted to SE involuntarily, escorted to the unit by security and psych tech. (2) Information relayed to the command. (3) Any additional information about this pt, contact LT S_.

010424:  Applicant hospitalized until 4 May 2001 for observation and psychological testing.

010530:  Mental Health Dept, Naval Hospital Great Lakes: Applicant evaluated and is considered unsuitable for military service. Diagnosed with the following disorder that is sufficiently severe to impair significantly the member's ability to function effectively in the military environment:
 DIAGNOSIS: Axis I: 297.1 Delusional Disorder, Persecutory, EPTE.
Recommended for an administrative separation. This disorder is not considered amenable to effective treatment in the military setting. If service member is retained he is considered to present a risk for deterioration in functioning and/or a continuing danger to himself or others . Mental health Dept will provide appropriate follow-up care until service member is separated from the military or case is otherwise resolved.
010610:  Applicant notified of intended recommendation for discharge with an Entry Level Separation (uncharacterized service) by reason of defective enlistment and induction due to erroneous enlistment as evidenced by psychological evaluation dated 30 May 01.
0106xx:  Applicant advised of his rights and having consulted 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.

010713   Commanding Officer, TPU, Great Lakes recommended separation based upon the Applicant’s psychological evaluation which recommended an administrative separation due to a delusional disorder considered severe enough to impair the Applicant’s ability to function effectively in a military environment.

010720:  Commander, NTC, Great Lakes directed the Applicant's discharge with an Entry Level Separation (uncharacterized service) by reason of erroneous entry.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 010723 with an uncharacterized service (entry level separation) 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).

Issue 1: The Applicant was properly discharged by reason of Defective Enlistments and Inductions – Erroneous Enlistment. The enlistment would not have occurred if the Navy had known the relevant facts, pertaining to the Applicants mental health. Proper medical authority determined that the Applicant has a chronic preexisting psychiatric condition that was not brought on by the stress and rigors of military service. The Applicant warranted an uncharacterized discharge because he served less than 180 days of continuous active military service after a service break of more than 92 days of active service. Relief not warranted.

 The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of 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 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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