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NAVY | DRB | 2002_Navy | ND02-00946
Original file (ND02-00946.rtf) Auto-classification: Denied


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

ex-OSSR, USNR
Docket No. ND02-00946

Applicant’s Request
The application for discharge review, received 020618, 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 list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 030314. 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/ FRAUDULENT ENTRY INTO MILITARY SERVICE, authority: NAVMILPERSMAN, Article 3630100.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1. In correspondence to Veterans Affairs acknowledgement and a review of service records for my enlistment in the Naval Command to having been released with an Honorable Discharge, I respectfully request the revision of my DD214 discharge documents to reflect the Honorable Discharge correspondingly. I respectfully request an update DD214 transcription and written notification of actions that may be taken against this motion.

I thank you for your time and give great appreciation in the conclusion of this matter.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Letter from Department of Veterans Affairs dated March 14, 2000
Applicant's DD Form 214
Seven pages from Applicant's medical records
Document of participation in Commencement exercises for DeVRY Institute of Technology
Bachelor of Science Degree dated October 22, 1999
Academic transcript
Letter from Dean of Academic Affairs dated November 19, 1999
Certificate of Appreciation dated December 31, 2001
Letter of Commendation dated February 9, 1999
Letter of Commendation dated January 7, 1998
Letter of Recommendation dated May 28, 1999
Letter of Recommendation, undated
Certificate of completion of Initial Firearms Training Course dated October 3, 1996
License and certificate of marriage dated January 2, 1997
Statement from Applicant

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: None
         Active: None

 Period of Service Under Review :
Date of Enlistment: 950718               Date of Discharge: 960605

 Length of Service (years, months, days):

         Active: 00 06 07
         Inactive: 00 04 10

 Age at Entry: 19                          Years Contracted: 8

 Education Level: 12                        AFQT: 40

 Highest Rate: OSSR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMA                           Behavior: NMA             OTA: NMA

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: None

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

UNCHARACTERIZED/FRAUDULENT ENTRY INTO MILITARY SERVICE, authority: NAVMILPERSMAN, Article 3630100.

 Chronological Listing of Significant Service Events :

950615:  Report of Medical Examination upon entry: Applicant failed to disclose lower back pain.
950718:  Application for Enlistment (DD Form 1966): Applicant failed to disclose preexisting personality disorder and lower back pain.

960509:  Psychiatric evaluation: Diagnosis: Personality disorder NOS with borderline and antisocial features, severe EPTE and lower back pain. Recommend expeditious administrative separation for unsuitability.
960521:  Applicant notified of intended recommendation for discharge with an uncharacterized service by reason of convenience of the government on the basis of a personality disorder as evidenced by your psychiatric evaluation of 9 May 1996 and defective enlistment and induction due to fraudulent entry as evidenced by your failure to disclose preservice back injury.
960521:  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.

960617:  Commanding Officer directed discharge with an uncharacterized service by reason of defective enlistment and induction due to fraudulent entry. Commanding Officer’s comments (verbatim): OSSR (Applicant) was diagnosed as possessing a personality disorder and having a preexisting chronic lower back pain. In accordance with the guidance set forth in reference (a) (MILPERSMAN 3620225), and the statement of the medical officer contained in enclosure (4), expeditious handling of separation of this member was deemed necessary. OSSR (Applicant) was treated prior to enlistment for chronic lower back pain, a condition that he failed to disclose during his inducement into the U. S. Navy as required. OSSR (Applicant) continues to experience problems and has not adapted well to military life. In light of this, I feel he has no potential for a productive career in the U. S. Navy. Consequently, OSSR (Applicant) was separated for convenience of the government on the basis of a personality disorder and defective enlistment and induction due to fraudulent entry into Naval Service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 960605 with an uncharacterized service 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: 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. An uncharacterized discharge does not cast a negative light on the Applicant’s enlistment. Additionally, by regulation, members informed of discharge proceedings within the first 180 days of enlistment are given characterization of service as “Uncharacterized” unless there were unusual circumstances regarding performance of conduct which would merit an “honorable” characterization. The Applicant’s service record did not contain any unusual circumstances during his three months in the military to warrant a change of discharge to “honorable.” Relief is therefore denied.

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. 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. Navy Military Personnel Manual, (NAVPERS 15560C), Change 9, effective
22 Jul 94 until 02 Oct 96, Article 3630100 , SEPARATION OF ENLISTED PERSONNEL BY REASON OF DEFECTIVE ENLISTMENTS AND INDUCTIONS DUE TO FRAUDULENT ENTRY INTO 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 " 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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