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NAVY | DRB | 2003_Navy | ND03-00654
Original file (ND03-00654.rtf) Auto-classification: Denied


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

ex-SN, USN
Docket No. ND03-00654

Applicant’s Request
The application for discharge review, received 20030307, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to “OTHER.” 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 20040128. 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 and reason for discharge was discovered by the NDRB. The Board’s vote was unanimous that the character and reason for discharge shall not change. The discharge shall remain: UNCHARACTERIZED/FRAUDULENT ENTRY INTO MILITARY SERVICE, authority: NAVMILPERSMAN, Article 1910-134 (formerly 3630100).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

1. “The reason for discharge, Fraudulent Entry into military service is improper because it was based solely on my security clearance (Standard Form 86). I did state to my Recruiter that I had seen a family counselor, but I was told that I did not need to record it on my security clearance because I wasn’t seen twice. Also, in further evidence, I told the interviewer on standard form 600 that I had 2 sessions with a family counselor, and I also told the physician on my separation report, standard form 93 that I had seen a counselor twice.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Standard Form 93 (2 pages)
Standard Form 600, dated April 20, 2000
Administrative remarks NAVPERS 1070/613
Applicant’s DD Form 214 (Member 1 and 4)
Correspondence course completion sheet, dated June 30, 2000
Evaluation Report and Counseling Record, dated September 20, 2000

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     991202 - 000410  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 000411               Date of Discharge: 001011

 Length of Service (years, months, days):

         Active: 00 06 01
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 70

 Highest Rate: SN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (1)    Behavior: 3.00 (1)                OTA: 3.00

 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/FRAUDULENT ENTRY INTO MILITARY SERVICE, authority: NAVMILPERSMAN, Article 1910-134 (formerly 3630100).

 Chronological Listing of Significant Service Events :

000914:  Medical evaluation: Initial Impression: Axis I: Major depression with psychotic features. Rule out dissociative identity disorder. Axis II: Borderline personality disorder. Axis III: Stress fracture, left leg, tendonitis, both feet. Axis IV: Psychosocial stressors associated with being in the Navy. Axis V: Global assessment of functioning 40.
000926:  Applicant notified of intended recommendation for discharge with a general (under honorable conditions by reason of convenience of the government due to a personality disorder and by reason of defective enlistment and induction due to fraudulent entry.
000926:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

000928:  Officer in Charge, Personnel Support Activity Detachment, Recruit Training Command directed the Applicant's discharge with an uncharacterized service by reason of defective enlistment and induction due to fraudulent entry.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20001011 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. By regulation, members discharged within the first 180 days of enlistment are given characterization of service "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 six months in the military to warrant a change of discharge to "honorable." The evidence of record did not show that the Applicant was either not responsible for her conduct or that she should not be held accountable for her actions of fraudulent entry into the military. No other Narrative Reason for Separation could more clearly describe why the Applicant was discharged. Relief 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 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 18, effective 12 Dec 97 until 2 Feb 01, Article 1910-134 (previously 3630100), Separation by Reason of Defective Enlistments and Inductions – Fraudulent Entry Into the 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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