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NAVY | DRB | 2004_Navy | ND04-00667
Original file (ND04-00667.rtf) Auto-classification: Denied


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


ex-SR, USN
Docket No. ND04-00667

Applicant’s Request
The application for discharge review was received on 20040315. The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions and the reason for the discharge be changed. The Applicant requests a documentary record review. The Applicant did not list any representative on the DD Form 293. Subsequent to the submission of the application, the Applicant obtained representation from the American Legion.

Decision

A documentary review was conducted in Washington, D.C. on 20041103. 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 discharge shall not change but the narrative reason corrected, due to administrative error. The discharge characterization shall remain: UNCHARACTERIZED (ENTRY LEVEL SEPARATION) and the narrative reason corrected to: 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. “The personality disorder diagnosis will make it impossible to successfully pursue a career in law enforcement: please see attached letter
My name is A_ L. H_ (Applicant). I was enlisted in the Navy in August if 1997. After a time span of two weeks, I came to the realization that this was not the correct career choice for me. At this point, I inquired as to what the release process would be. I asked my commanding officers to release me or see what they could do about having me released. They informed me that there was nothing they could do and that I wasn’t able to leave. I was asked to see a doctor. The purpose of this visit was to determine if I was eligible for a release. Upon seeing the doctor, he established that your institute was not for me but rather for younger adults being that I was 28 years old at the time I entered. When I read the documentation that I had to sign, I was not in agreement due to the contradictory statements. The statements were: entry level separation under honorable conditions and personality disorder. I was not comfortable signing it but I also did not want to be there any longer. After being assured that only federal agencies could have access to this information, I signed the paperwork.
After careful consideration, I have selected a career path in law enforcement. I am currently on the waiting lists for NYC Corrections and Bridge & Tunnel Officers. I am also trying to obtain my pistol license.
At the time I signed the documentation, I did not realize the severity of the decision I was making nor the impact that it could have on my future. That is why I have taken this time to write you requesting that the documentation be overturned.
If you require additional information, please feel free to contact me by mail at (address omitted) or by telephone at (telephone number omitted).”
Additional issues submitted by Applicant’s representative (American Legion):

 2. “In accordance with 32 C.F.R., section 724.166, and SECNAVINST 5420.174C, enclosure (1), paragraph 1.16, The American Legion submits to the Naval Discharge Review Board (NDRB or Board) the above issue and following statement in supplement to the Applicant’s petition.

Review of the available records reflect that this former member received a psychological evaluation on 979820 that produced a diagnosis for personality disorder NOS with borderline and narcissistic features, EPTE with a recommendation for administrative separation. Following due process notifications, he discharged for the convenience of the government with an Uncharacterized (Entry Level Separation) due to a personality disorder as authorized by NAVMILPERSMAN, Art. 3620200.

Essentially, as noted on DD Form 293 attachment, this Applicant is requesting that his discharge be upgraded because he misunderstood his separation processing and because the reason for his discharge is limiting his career options. He has not submitted any additional documentation for consideration.

Following through review of the evidentiary record, we opine that the issues raised on DD Form 293 amply advance this former member’s contentions and substantially reflect the probative facts needed for equitable review. Accordingly, we rest this case on the evidence of record.

The American Legion’s express purpose in providing this statement and any other submittals or evidence filed is to assist this Applicant in the clarification and resolution of the impropriety or inequity raised. To that end, we rest assured that the NDRB’s final decision will reflect sound equitable principles consistent in law, regulation, policy and discretion as promulgated by title 10 U.S.C., section 1553, and set forth in 32 C.F.R., part 724 and SECNAVINST 5420.174C, enclosure (1).

This case is now respectfully submitted for deliberation and disposition.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     970716 - 970810  COG
          Active: None
Period of Service Under Review :
Date of Enlistment: 970811               Date of Discharge: 970829

 Length of Service (years, months, days):
         Active: 00 00 19
          Inactive: None
Age at Entry: 29                          Years Contracted: 4

 Education Level: 10 (GED)                          AFQT: 62
Highest Rate: SR
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: None

 *No marks assigned
Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNCHARACTERIZED (ENTRY LEVEL SEPARATION)/ERRONEOUS ENLISTMENT (OTHER), authority: NAVMILPERSMAN, Article 3620280.

 Chronological Listing of Significant Service Events :

970821:  Applicant diagnosed with Personality Disorder NOS with Borderline Narcissistic Feature, EPTE, 301.9. The psychologist recommended separation based on a personality disorder of sufficient severity as to impair the Applicant’s ability to function effectively in the naval service. Applicant represented a potential danger to self or others.

970825:  Applicant notified of intended recommendation for discharge with a least favorable characterization of general (under honorable conditions) by reason of defective enlistment and induction due to erroneous enlistment as evidenced by personality disorder as evidenced by a personality disorder.
970825:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27(b), elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.
970826:  Commanding Officer directed discharge with an uncharacterized (entry level separation) by reason of defective enlistment and induction due to erroneous enlistment as evidenced by a personality disorder. Commanding Officer’s comments: “As evidenced by enclosure (3), an erroneous enlistment has occurred. I authorize separation from the naval service with an Entry Level Separation.”

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19970829 with an uncharacterized (entry level separation) discharge for defective enlistment and induction due to erroneous enlistment as evidenced by personality disorder existing prior to 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).
Issues 1 and 2: Normally, to permit relief, a procedural impropriety or inequity must have existed during the period of enlistment in question. No impropriety or inequity is evident during the Applicant’s enlistment. The Applicant was diagnosed by qualified medical officer, as possessing a long-standing disorder of character and behavior of such severity as to interfere with serving adequately in the Navy. He was considered a continuing risk to do harm to himself or others. The Applicant's DD Form 214, Block 28, Narrative Reason for Separation, indicates he was separated for a Personality Disorder. Notwithstanding the Applicant’s DD Form 214, the record indicates that the Applicant was actually processed for defective enlistment and induction due to erroneous enlistment as evidenced by a personality disorder existing prior to entry. This is present on the Applicant’s notification procedure letter, and the Commanding Officer’s authorization for administrative separation. As a result, the Narrative Reason for Separation should have been erroneous entry (other). An administrative correction in the Narrative Reason for Separation is warranted.

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. The Applicant's service record did not contain any unusual circumstances during his less than one month in the military to warrant a change of discharge to "honorable."

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 14, effective 03 Oct 96 until 11 Dec 97, Article 3620280, SEPARATION OF ENLISTED PERSONNEL BY REASON OF DEFECTIVE ENLISTMENT 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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