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NAVY | DRB | 2002_Navy | ND02-00749
Original file (ND02-00749.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND02-00749

Applicant’s Request
The application for discharge review, received 020502, 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 the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 030131. 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. However, the discharge shall be administratively corrected to: 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. Not fully understanding the uncharacterized entry level separation, I feel that I was mislead. Researching and visiting my local V.A. office, I now know that this discharged that I have received is dishonorable. Something must be done to help me out. Unable to work due to my leg injury. The status of my discharge at this time allows no help from the Veterans office or hospital. I was told that all issues of my discharge were medical now I know that this was a false statement given to me. 01Aug29 my medical conditions were not fit for travel. I was released to go home on crutches, receiving no therapy to help me walk again to get off the crutches. My doctor at USS TRANQUILLITY Medical Clinic would not released me for duty because he fear that I would father injury myself and possibly become disable. He would not release me even though the ROCs at RCU were pushing for me to get fit for full duty. I feel like I should have been in good health condition before they discharged me from RTC. The diagnosis of my discharge of is false because I have never had any health issues. I entered the Navy in perfect health. The statement of erroneously enlistment into the military is false. This has been a stressful time for me. I am trying to deal with the issues of this on day at a time. Even more stressful when I need to seek medical attention and cannot pay for the cost. This concludes my statement.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     010127 - 010521  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 010522               Date of Discharge: 010829

 Length of Service (years, months, days):

         Active: 00 03 08
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 32

 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 (as administratively corrected):

UNCHARACTERIZED (Entry Level Separation)/ERRONEOUS ENTRY (0THER), authority: NAVMILPERSMAN, Article 1910-130 (formerly Article 3620280) .
Chronological Listing of Significant Service Events :

010713:  Naval Hospital, Great Lakes, IL: Pt is 18 years old female. Seen for pain left side/flank. Continue Motrin, UD for 3 days, increase fluids, pt education, follow-up, as directed, plan urology eval.

010806:  USS TRANQUILLITY Medical Clinic, Naval Hospital, Great Lakes, IL: 18 year old female, complains of left knee pain. Seen Saturday with left leg pain and swelling (failed battle stations 3 times). Full duty - SIQ in quarters in AM. Motrin 800 mg, Pt educated, exercises, etc. Scan orders in AM.

010807:  USS TRANQUILLITY Medical Clinic, Naval Hospital, Great Lakes, IL: 18 year old female complains of 5 days of left knee pain. On crutches, light duty. Scan scheduled on 13Aug 01.
010820:  USS TRANQUILLITY Medical Clinic, Naval Hospital, Great Lakes, IL: ELMS for EPTE condition. Diagnosis: Myotendinous insufficiency - muscle ligaments and tendons. This condition is correctable to meet Navy standards with prolonged physical therapy. Length of time necessary before being found fully fit for duty, 1-2 years, but likelihood of being found fit for duty is poor. No waiver granted to come into the service with condition.
010823:  Applicant notified of intended recommendation for discharge by reason of defective enlistment and induction due to erroneous enlistment as evidenced by weak muscle ligaments and tendons. Advised the least favorable characterization of service possible is General (Under Honorable Conditions).
010823:  Applicant advised of her 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.

010823:  Commanding Officer, RTC, 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 as evidenced by weak muscle ligaments and tendons. 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: Eligible (RE-3E).]

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 010829 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: An Entry Level Separation (ELS) is not a dishonorable characterization of service. By regulation, service members discharged within the first 180 days of enlistment are given the characterization of service as “Entry Level Separation” unless there were unusual circumstances regarding performance or conduct, which would merit an “Honorable” characterization. The Applicant’s service record did not contain any unusual circumstances during her less than 4 months in the military to warrant a change of discharge to honorable. Relief denied.

Issue 2: The Board’s charter limits its review to a determination on the propriety and equity of the discharge. In the Applicant’s case, the Board could discern no impropriety or inequity and therefore considered the Applicant’s entry-level separation proper and equitable. The Board found the Applicant’s discharge characterization appropriate. The Applicant was processed for an entry-level separation based upon her inability to meet the Navy’s minimum physical standards for enlistment. The descriptive criteria associated with the administratively corrected Separation Code, Block 26 of the DD Form 214, in the Applicant’s case JFC (Erroneous Entry (Other)), indicates the Applicant’s enlistment was erroneous, in this case, due to the existence of a pre-existing physical condition; weak muscle ligaments and tendons. Had the Applicant’s condition been known, to the Navy, prior to induction it would have made her ineligible for enlistment without further testing and a waiver granted to enlist in the Navy with a documented pre-existing physical condition . This clearly reflects the reason for the Applicant’s discharge. To change her discharge to honorable would be inappropriate. Relief denied.

Issue 3: The Veterans Administration determines eligibility for post-service benefits not the Naval Discharge Review Board. There is no requirement or law that grants recharacterization solely on obtaining Veteran’s benefits and this issue does not serve to provide a foundation upon which the Board can grant relief.
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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