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NAVY | DRB | 2004_Navy | ND04-01450
Original file (ND04-01450.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND04-01450

Applicant’s Request
The application for discharge review was received on 20040914. The Applicant requests the Narrative Reason for Separation be changed to “erroneous entry” and a waiver to reenlist in the armed forces. 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 20041222. 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 narrative reason 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. “It state honorable discharge but given erroneous entry. Would like to reenter the military service.

To whom it may concern:

I, M_ C. C_ (Applicant) am filing this application for correction of an erroneous separation. I was discharged from the United States Navy on an Honorable discharge, but did not have any knowledge on an erroneous entry (RE 4) was to never reenter the military service. My situation in April of 98 was due to the fact of my grandmother was very ill and had a stroke at that time. I was very concerned about my grandmother. So I went to my chief to see of there was any possible way to take leave to go back home and then be able to come back. He stated “No, that the only way for me to leave would be to say that I would harm myself. When I did this I went in to some office and there they asked if I wanted to leave and I stated “Yes”.

As time has gone by I have learned that I could of went home and came back to sign something of a grievance or another procedure. When I wanted to reenter the Military the Navy they told me that I could not. This is my first time I have fought to get where I am today. I went to the Naval Recruiting office in Horseheads, NY and they stated that they could not help me and had know idea what paper I was even talking about to reenter the service. I went to the Air Force office right next door and I talked to G_ E. B_ Staff Sergeant, USAF Recruiter who said, “I would be glad to enlist you, but will need a waiver from the Navy. I told SGT. B_ that I was just there and they said that they had no clue what I was talking about and could not help me.

I have gone to J_ M_ of the Veteran Services in Bath NY and now getting help and services from P_ G_ State Veteran Counselor also of Bath, NY 14810 to get where I am today. They have both pointed me in the right direction and P_ G_ is the one who handed me this application for correction of military records. I hope that you will take my application into consideration and to help me achieve my goal of being able to reenter the service to defend my country in The United States Air Force. I hope that your decision will let me prove myself and not disappoint you for your decision.

Thank you for your time and acknowledgement to let me state my position.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
DD Form 149
Applicant’s DD Form 214
Service Record Documents (12 pages)
Copy of Addison Central School Diploma
Copy of Applicant’s Birth Certificate
Copy of Applicant’s Social Security Card

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     970930 - 980330  COG
         Active:                            None

 Period of Service Under Review :
Date of Enlistment: 980331               Date of Discharge: 980422

 Length of Service (years, months, days):

         Active: 00 00 22
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 33

 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 ENTRY (OTHER), authority: NAVMILPERSMAN, Article 1910-130 (formerly Article 3620280).

 Chronological Listing of Significant Service Events :
980415:  Medical evaluation: Applicant diagnosed Axis I: Adjustment disorder with depressed mood, 309.0. Applicant experienced depression, feelings of hopelessness, serious sleep difficulties and crying without reason. Applicant was considering self-harm to go home. Recommended separation because of disqualifying psychiatric condition.
980416:  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 an adjustment disorder.
980416:  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.
980417:  Commanding Officer directed the Applicant's discharge with an uncharacterized service by reason of defective enlistment and induction due to erroneous enlistment.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19980422 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: Normally, to permit relief, an impropriety or inequity must have existed during the period of enlistment in question. No such impropriety or inequity is evident during the Applicant’s enlistment. The Applicant was discharged by reason of defective enlistment and induction due to erroneous enlistment as evidenced by her diagnosed adjustment disorder. Specifically, the medical evaluation noted that the Applicant experienced depression, feelings of hopelessness, sleep difficulties and crying. 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 her less than 30 days in the military to warrant a change of discharge to "honorable." Relief denied.

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.

Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, NDRB is not authorized to change a reenlistment code. An unfavorable “RE” code is, in itself, not a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.

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. 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 01, Article 1910-130 (formerly 3620280), Separation by Reason of Defective Enlistments and Inductions - Erroneous Enlistment.

B. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

C. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety .

 D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity .

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 “ http://Boards.law.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:

                  Secretary of the Navy Council of Review Boards
                   Attn: Naval Discharge Review Board
                   720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023


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