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NAVY | DRB | 2003_Navy | ND03-01157
Original file (ND03-01157.rtf) Auto-classification: Denied


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

ex-AR, USNR
Docket No. ND03-01157

Applicant’s Request
The application for discharge review was received on 20030626. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a documentary record discharge review. The Applicant designated the Disabled American Veterans as the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040504. 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 - ALCOHOL ABUSE, authority: NAVMILPERSMAN, Article 1910-130 (formerly 3620280).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

“My discharge was inequitable because of the following:

1) The diagnoses used as a reason for discharge were based on incidents that occurred prior to my entry into the Navy.

2) The diagnosis of “alcohol dependence,” of which I am not, and Borderline Personality Disorder were based solely on one clinical interview.

3) There were no formal psychological tests administered to substantiate the clinical interview thus leaving it both questionable and possibly flawed.

4) I did nothing while in the Navy that would warrant less than an honorable discharge.”

Additional issues submitted by Applicant’s counsel/representative (DISABLED AMERICAN VETERANS):

 5) “Dear Chairperson:

After a review of the Former Service Members (FSM) DD Form 293 Application for the Review of Discharge or Dismissal from the Armed Forces of the United States and all of evidence assembled for review, we continue to note the contention of the appellant in his request for a discharge upgrade of his current Uncharacterized Discharge (Entry Level Separation) to that of Honorable.

The FSM served on active service from March 8, 2000 to April 12, 2000 at which time he was discharged due to Erroneous Entry – alcohol Abuse.

The FSM contends the current discharge is improper for the following reasons; first the diagnosis used as a reason for discharge was based solely on incidents that occurred prior to entry into military service. Second, the diagnosis of alcohol dependence and borderline personality disorder were based on one clinical interview. Three, there were no formal psychological tests administered to substantiate the clinical interview, leaving both questionable and possibly flawed. Four, the FSM did nothing while on active duty that would warrant less than an honorable discharge.

An impropriety will be held to exist when there is an error of fact, law, procedures, or discretion associated with the discharge at the time of issuance; and that the rights of the applicant were prejudiced thereby (such error shall [and does] constitute prejudicial error, as we believe there is doubt that the discharge would have remained the same if the error had not been made, to include any changes in Navy policy made expressly retroactive to this type of discharge under consideration. See, 32 CFR 724.902.

We ask for the Board’s careful and sympathetic consideration of all the evidence of record used in rendering a fair and impartial decision. These issues do not supersede any issues previously submitted by the applicant.

Respectfully,”
Applicant’s added issue on the VA Statement:

6. “I request an upgrade in my discharge due to wanting to reenlist in the Marine Corps.”

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214 (2 copies, 1 copy is a partial)
Letter of Recommendation from T_ L. R_, Ed.D. dtd Nov 30, 2002

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     990325 - 991129  ELS (failed to enlist)
         Active: None

 Period of Service Under Review :
Date of Enlistment: 991130               Date of Discharge: 000412

 Length of Service (years, months, days):

         Active: 00 01 05 (Doesn’t exclude lost time.)
         Inactive: 00 03 09

 Age at Entry: 18                          Years Contracted: 8

 Education Level: 10                        AFQT: 43

 Highest Rate: AR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMA*        Behavior: NMA             OTA: NMA

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: 24

*No Marks Available.

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

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

 Chronological Listing of Significant Service Events :
991130   Enlistment Questionnaire (NAVCRUIT 1133/65): Applicant checked "NO" concerning the use of illegal drugs and drug activity and use of alcohol.

 000308:  Commenced 36 months of active duty.

 000314:  Medical evaluation (Recruit Mental Health): Referred by RDC, Applicant revealed prior psychiatric treatment and a psychotropic medication history. Applicant diagnosed with ADHD at 8 years old. Outpatient counseling to age 10, Ritalin: at 9 – 12 years old, Prozac: 9-12 year old (doctor alternated). Recruit had 50 drinks per weekend from age 12-16 and 100+ drinks per week from age 16 to present. Recruit current on bond for $250 due to credit card fraud.
         AXIS I: 303.90 Alcohol Dependence, EPTE.
         AXIS II: Borderline Personality Disorder, 301.83, EPTE.
         Plan: Entry level separation due to disqualifying psychiatric condition affecting Recruit’s potential for performance of expected duties and responsibilities while on active duty. Encouraged to seek treatment for his condition(s) upon separation. He is suitable to report to Separation Division.

000316:  Applicant acknowledged his alcohol dependency and have been advised to seek treatment from a civilian treatment facility.

000316:  Applicant notified of intended recommendation for discharge with an uncharacterized service by reason of defective enlistment and induction due to erroneous enlistment as evidenced by a borderline personality disorder and medical evaluation of alcohol dependence.
000316:  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.

000317:  Commanding Officer, Recruit Training Command, directed the Applicant's discharge with an uncharacterized service with an entry level separation (uncharacterized) by reason of defective enlistment and induction due to erroneous enlistment.

000318:  Unauthorized absence commenced at 2353, 00MAR18.

000411:  Surrendered onboard NRTC, Great Lakes, IL at 1200, 00APR11 (24 days).

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20000412 with an entry level separation (uncharacterized) for defective enlistment and induction due to erroneous enlistment - alcohol abuse (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).

Issues 1-6: 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 his less than six months in the military to warrant a change of discharge to “honorable.” Furthermore, the narrative reason of defective enlistment and induction due to erroneous enlistment - alcohol abuse is the most accurate reflection of the Applicant’s reason for discharge. The Applicant acknowledged his alcohol dependency and previous treatment from a civilian treatment facility for psychiatric treatment and a psychotropic medication. 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 is considered the equivalent of an honorable or general (under honorable conditions) discharge.

Concerning a change in reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces. Neither a less than fully honorable discharge nor an unfavorable “RE” code is, in itself, a bar to reenlistment. A request for waiver is normally done only during the processing of a formal application for enlistment through a recruiter.

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 or any other evidence related to his discharge 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 12 Jun 2001, 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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