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NAVY | DRB | 2003_Navy | ND03-01368
Original file (ND03-01368.rtf) Auto-classification: Denied


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

ex-AR, USN
Docket No. ND03-01368

Applicant’s Request
The application for discharge review was received on 20030815. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a documentary record review. The Applicant did not list any representative on the DD Form 293.

Decision

A documentary review was conducted in Washington, D.C. on 20040608. 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:

“1. I was denied my right to see a chaplain when I requested to do so. Erroneous entry is inaccurate. I was separated from the USN under unfair and wrongful circumstances. Please refer to attached letter for a complete description of issues.”
To Whom It May Concern:

I am requesting the “erroneous entry” be removed from my military record. This characterization is based solely on the Navy’s technicians and staff assumption that psychiatric treatment and/or medication to treat any disorder or illness had been evident prior to enlistment. I testified during questioning at the Recruit Evaluation Unit and maintain that I have received neither treatment nor medication for mental health issues prior to enlistment.

The erroneous entry is so far from the truth because I never lied about anything when I signed up with the Navy. I went through all the tests at MEPS with ease. Like I stated before, I have no history of mental illness. Erroneous entry is not accurate and completely unfair. It is the opinion of the Navy that I have a mental illness or personality disorder, even though I have no medical diagnosis of that.

My characterization of separation and even my separation are extremely unjust. The Navy denied me the right to see a chaplain when I was feeling a little stressed. Instead, they sent me to REU, insisting that I had something wrong with me. I was treated like I couldn’t think for myself.

Denying me my right and opportunity to see a chaplain is grounds for a lawsuit. which I am prepared to pursue as an option. This separation has caused a huge problem in my life’s plan. I was not allowed to serve my country, which is a right itself. My intent was to serve in the Navy, giving back to America. And now that I was separated under unfair and wrongful circumstances, I cannot do so.

I am very capable of being a part of the United States military. I am very intelligent and I have accomplished quite a bit in my young life. I have contributed a great amount to community service though a non-profit service organization called the International Order of the Rainbow for Girls. I am a past leader and I have been involved for over six years. I also graduated from high school a year ahead of schedule and have already accumulated 18 and a half college credits.

As you can see, I have to contribute to my country. In order to do so, things must be changed. Along with the erroneous entry being removed from my record, my uncharacterized discharge must be changed to honorable. Also, my code of RE-4 must be changed to an RE-1, making me eligible for re-enlistment. If these reasonable requests I've made can not be satisfied through these channels and processes, I am prepared to pursue legal action.
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Letter from Sacramento Valley Family Services dated November 12, 2002
Reference Letter dated December 20, 2002

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     020807 - 020821  COG
         Active: USN                        None

 Period of Service Under Review :
Date of Enlistment: 020822               Date of Discharge: 020905

 Length of Service (years, months, days):

         Active: 00 00 14
         Inactive: None

 Age at Entry: 17                          Years Contracted: 4

Education Level: 8(Ault Ed)                        AFQT: 74

 Highest Rate: AR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NOB*                 Behavior: NOB             OTA: NOB

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: None

*Not observed

 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 :
020807:  On DD 2801-1, Applicant indicates no history of attempted suicide.

020827:  Recruit Mental Health Evaluation:

         AXIS I: Adjustment Disorder with Depressed Mood
        
         AXIS II: Personality Disorder not otherwise specified, 301.9, EPTE, with Borderline & Dependent Features.
         Applicant acknowledged suicidal ideations since arriving at RTC. Applicant has previously been diagnosed with migraines. Applicant stated that she took about five or six sleeping pills last month [July] in an attempt to commit suicide and has no desire to serve in the military. Applicant recognizes she has made a mistake.

020829:  Applicant notified of intended recommendation for discharge with an uncharacterized service by reason of convenience of the government due to physical or mental conditions as evidenced by and adjustment disorder and defective enlistment and induction due to erroneous enlistment as evidenced by a personality disorder.
020829:  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.
020830:  Commanding Officer directed discharge with an uncharacterized service by reason of convenience of the government due to physical or mental conditions as evidenced by and adjustment disorder and defective enlistment and induction due to erroneous enlistment as evidenced by a personality disorder.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20020905 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. The documentation and statements provided by the Applicant, to include the allegation that she was not allowed to see a chaplain, were not sufficient to overturn the presumption that the Applicant was properly diagnosed with a personality disorder by competent medical authority on 020827. The evidence reviewed did not persuade the Board that this diagnosis and subsequent administrative separation was improper or inequitable. Relief denied.

The separation process was in strict compliance with the Naval Military Personnel Manual ( NAVPERS 15560C) . In accordance with regulation, when separation processing is warranted for any reason in addition to personality disorder (convenience of the government), dual or multiple processing is required. The Commanding Officer recommended separation by reason of fraudulent enlistment and convenience of the government due to a diagnosed personality disorder. The Applicant failed to indicate on form DD-2801-1 on 020807 that she had attempted suicide, but admitted the fact on 020827. The separation authority determined that a fraudulent enlistment most clearly described the reason for discharge. No other Narrative Reason for Separation could more clearly describe why the applicant was discharged. To change the Narrative Reason Separation would be inappropriate.

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. Applicant's service record did not contain any unusual circumstances during her less than 15 days in the military to warrant a change of discharge to "honorable."

Concerning a change in reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reentry into the naval service or any other of the Armed Forces. The NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy or Marine Corps. Reenlistment policy of the naval service is promulgated by the Commander, Navy Recruiting Command, 5722 Integrity Drive, Bldg 784, Millington, TN 38054. Neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to reenlistment. A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter. 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 documentation to support any claims of post-service accomplishments or any other evidence related to her 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), re-issued October 2002, effective 22 Aug 02 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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