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NAVY | DRB | 2004_Navy | ND04-00466
Original file (ND04-00466.rtf) Auto-classification: Denied


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


ex-FR, USNR
Docket No. ND04-00466

Applicant’s Request
The application for discharge review was received on 20040128. The Applicant requests the characterization of service received at the time of discharge be changed to honorable and the narrative reason changed to “medical.” The Applicant requests 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 20040922. 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 and narrative reason of the discharge shall not change. The discharge shall remain: UNCHARACTERIZED/ERRONEOUS ENTRY (OTHER), authority: NAVMILPERSMAN, Article 3620280.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues, as stated
Applicant’s issues, as stated on the application:

 “1.       My discharge is stated as an entry level separation, I completed my basic training and fireman apprentice school and was stationed aboard the USS ACADIA AD-42 serving out some active duty time. I feel item 24 should read Honorable because I never did anything unbecoming of a sailor while in the Navy, I had a medical problem, and item 23 corrected as deemed necessary by the Navy. I have enclosed a copy of the original DD-215 that I received with my DD-214.”

“2.       Item 28 should read medical discharge for personality disorder (OCD) because it was verbally explained to me that I was being discharged for this condition which I did not have upon my enlistment to military service. I was told the medication I was placed on could not be taken aboard my duty station the USS ACADIA AD-42. I asked for reassignment to shore duty somewhere I would be useful. I did not want to face my friends and family for not serving my enlistment time nor could I accept it myself I was told there was nothing for me anywhere else and was discharged from my duty station. There are two different DD-215 which I have enclosed. One of which makes no correction to item 28. The DD214 states misconduct / personality disorder. My discrepancy is with the misconduct part, because I was never disciplined for anything during my active status. My disorder (OCD) made me a perfectionist and phobic about germs, “I was a neat freak.” I only ask that you review the material I have sent you and decide what is right. It would make life easier for me and may also help with any career goals I am trying to set in place. I hold the Navy in highest regard for what it has done for me, the time I was in I learned a lot about the world and myself The Navy has given me direction and discipline to live life to the best of my abilities and I am proud to enclose copies of my educational achievements and to say that 1 still where a uniform today working for the local sheriff’s department. I apologize for the time this has taken up, I just wanted the issues addressed so that I can move on with my life free from doubts of what kind of job I did as a sailor.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Letter from National Personnel Record Center
Copies of DD Form 214 (2)
 Copies of DD Form 215 (3)
 Copy of Travel Certificate
Letter from Applicant dated November 1, 1993
 Letter from W. L. C__, Military Correspondence Branch, Bureau of Naval Personnel dated November 8, 1993
 Copy of Associate of Applied Science in Criminal Justice Degree
 Copy of Certificate of Excellence (Dean’s List) dated May 30, 2000
Copy of Certificate of Excellence (Dean’s List) dated January 12, 2001
Copy of Certificate of Excellence (Dean’s List) dated June 4, 2001


PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     None
          Active: USN                        None
Period of Service Under Review :
Date of Enlistment: 921006               Date of Discharge: 930819

 Length of Service (years, months, days):

         Active: 00 04 13
         Inactive: 00 06 00

 Age at Entry: 19                          Years Contracted: 8
Education Level: 12                        AFQT: 58

 Highest Rate: FR
Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.60 (1)    Behavior: 3.60 (1)                OTA: 3.60
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/ ERRONEOUS ENTRY (OTHER), authority: NAVMILPERSMAN, Article 3620280.
Chronological Listing of Significant Service Events :
930810:  Medical evaluation: Member diagnosed as follows: Member was referred for recurrence of repetitive behaviors and rituals, including frequent hand washing, which now gets in the way of performing his duties. He admitted a history of one psychiatric hospitalization at age of 18 for a diagnosis of Obsessive Compulsive Disorder, which was successfully treated with clomipramine, but the discontinued use when he joined the Navy. Nor does he meet the minimum standards for enlistment or induction and he did not meet those standards, as set forth in MANMED 15-6, 15-30 and MILPERSMAN 362070, 3630800 at the time of entry into the current period of active service. Member has no unfitting physical disability incurred in or aggravated by active military service during the current period or any prior period.
930813:  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 your obsessive-compulsive disorder.
930813:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
930820:  Commanding Officer authorized Applicant’s discharge with an uncharacterized service by reason of defective enlistment and induction due to erroneous enlistment. Commanding Officer’s comments (verbatim): In accordance with the medical review, FR M_ does not meet the necessary requirements to complete his military obligation due to his obsessive-compulsive disorder. He would not be able to function well enough to be a responsible sailor.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19930819 with an uncharacterized discharge 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).
Issues 1-2: By regulation, members discharged within the first 180 days of enlistment are given characterization of service "Uncharacterized" or entry-level separation 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 his less than 5 months in the military to warrant a change of discharge to "honorable." Relief denied.

The Board found that the Applicant misrepresented his medical condition during the enlistment process, including the omission of facts, which, if known at the time would have reasonably been expected to preclude, postpone, or otherwise affect the Sailor’s eligibility for enlistment of induction. The Applicant’s medical condition existed prior to entry, therefore, no other narrative reason other than erroneous enlistment more clearly describes the circumstances surrounding the Applicant’s processing for administrative separation. Relief denied. The Board did find Administrative errors on the DD 214, Block 28, in that the narrative reason for separation should read “ Defective Enlistment and Induction–Erroneous Enlistment.”

The Applicant should be aware that, with respect to nonservice-related administrative matters, i.e., VA benefits, educational pursuits, and especially civilian employment, an uncharacterized separation is considered the equivalent of an honorable or general (under honorable conditions) discharge.

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. Naval Military Personnel Manual, (NAVPERS 15560C), Change 5, effective 05 Mar 93 until 19 Dec 93, Article 3620280, SEPARATION OF ENLISTED PERSONNEL 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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