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NAVY | DRB | 2003_Navy | ND03-00310
Original file (ND03-00310.rtf) Auto-classification: Denied


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

ex-AR, USN
Docket No. ND03-00310

Applicant’s Request
The application for discharge review was received on 20021213. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a personal appearance discharge review before the Board in the Washington National Capital Region. The Applicant did not list any representative on the DD Form 293. In the acknowledgement letter, the Applicant was informed 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 20031121. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety, or inequity in the characterization of the Applicant’s service was discovered by the NDRB. 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 (formerly Article 3620280).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

 “ To Whom It May Concern,

My discharge was inequitable because it was based on one isolated incident in which I AR D_ G_ (Applicant) had received word of the brutal murder of my infant cousin. Due to the extreme violence of the crime which took this innocent life, I AR D_ G_ (Applicant) sought counseling to help cope with this matter.

To help you better understand where my mental state was upon arrival to Ms M_ office, and how I was unfairly judged by Ms M_ and discharged. I am writing a brief statement in full detail of the events that lead up to my discharge from the United States Navy.

It is normal for any person that has been put through two (2) months of deep intense training, which challenges both your physical and mental state to be moved by the death of a young relative who did not have the opportunity to experience a normal life and cut down in their prime by the people she thought loved her. This devastated me. I did not expect Ms M_ to react in such an unprofessional manner. To add to all this, I was injured while performing my duties in basic training and put in a cast. My fifth ( 5th) mota carpal was fractured and still has not healed.

Regardless of all the obstacles placed in my path, I still faced the challenges the Navy presented to me and I strive harder to be better at what I was tasked with, such as, when my RDC’s moved me from a lower rack to an upper one which made it difficult for me to get in and out of my rack to do bunk drills to pass inspections, I still met the challenge.

I kept going strong and did what was expected of me as a port watch leader. I was doing real well as a port watch leader. When it came to academics, my grades were good. Then, I received the news of the brutal murder, death, of this child and I needed to speak to someone. Ms M_ did not help my situation but added to my injury not only by her insensitivity but also by her action to have me discharged as soon as my cast was removed.

I wanted to be a part of the Navy. During my time at basic training, my RDC’s had seen a leadership quality in me. I was made a port watch leader until my injury. I had good grades. I motivated my shipmates and was well liked by everyone.

Since my discharge, I took the test for airport security and passed with 100 score. I also took the police exam and passed. I am now enrolled in medical school and am currently maintaining a perfect grade average with each module.

I was falsely discharged and respectfully request I have a fair hearing so I present the facts and my discharge be changed to honorable in order to peruse my career with the Navy.

Sincerely, ”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Curriculum: Medical Assistant – Day, dated October 4, 2002
Ocean County College grade report
Certificate of promotion, dated October 9, 2001
Doctors note re: physically fit to return to full duty, dated December 30, 2002

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)              010629 - 011008  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 011009               Date of Discharge: 011205

 Length of Service (years, months, days):

         Active: 00 01 27
         Inactive: None

 Age at Entry: 27                          Years Contracted: 4

 Education Level: 10                        AFQT: 41

 Highest Rate: AA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 0.00 (0)    Behavior: 0.00 (0)                OTA: 0.00

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: None

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

UNCHARACTERIZED (ENTRY LEVEL SEPARATION)/ERRONEOUS ENTRY (OTHER), authority: NAVMILPERSMAN, Article 1910-130 (formerly Article 3620280).

 Chronological Listing of Significant Service Events :
011127:  Recruit Medical evaluation: Axis I: Bipolar disorder not otherwise specified. Axis II: Personality disorder not otherwise specified EPTE. Recommendation: Entry level separation due to disqualifying psychiatric condition affecting Applicant’s potential for performance of expected duties and responsibilities while on active duty.

011129:  Applicant notified of intended recommendation for discharge with a general (under honorable conditions) by reason of defective enlistment and induction due to erroneous enlistment as evidenced by bipolar disorder and a personality disorder.
011129:  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.

0111XX:  Commanding Officer directed Applicant’ s discharge with an uncharacterized service by reason of defective enlistment and induction due to erroneous enlistment. [Partial date unreadable.]

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20011205 with an uncharacterized service 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: By regulation, members discharged within the first 180 days of enlistment are given characterization of services as “Uncharacterized” 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 two months in the military to warrant a change of discharge to “honorable.” Relief denied. The Applicant should be aware that, with respect to nonservice-related administrative matters, i.e., VA benefits, civilian employment, educational pursuits, etc., an uncharacterized separation shall be considered the equivalent of an honorable or general (under honorable conditions) discharge.
The NDRB noted an administrative error on the original DD Form 214. The Applicant was separated by reason of erroneous entry instead of personality disorder. The Board notified Commander, Naval Personnel Command, Millington, TN and recommended the DD Form 214 be corrected or reissued.

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. The Naval Military Personnel Manual, (NAVPERS 15560C), Change 33, effective 13 Jun 01 until 21 Aug 02, 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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