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NAVY | DRB | 2005_Navy | ND0500076
Original file (ND0500076.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND05-00076

Applicant’s Request
The application for discharge review was received on 20041013. 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 discharge review was conducted in Washington, D.C. on 20050118. 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’m writing this letter to you to ask that you review my discharge. I was recently in Navy but discharged by the mental health unit. The conditions stated in this report are not true. There is not any thing wrong with my mental state. I know my limits and what I will and wont do. I would never cause harm to myself our any one around me. I have come to for and overcame many difficult obstacles. There are a lot of people that depend on me like my son most importantly. This was one of my main reasons for joining the Navy cause I knew that I could give him the things that I never had. Being a part of the Navy has been a long time childhood dream of minds and it will teach me all of the things that I would to achieve other goals of minds.

When I joined the Navy is one of the best days in my life. I knew then that all my goals I had set for life would/all in place as planed Those ten weeks I spent in basic training was even better. I made bonds with my shipmates and RDCs that was very special to me, I can truly say that the bond that was made was not because we had to but it was one from our hart. I was not good in PT but with the help of MS2 M_ and the support of my shipmates I made it. I never seen anyone care for me like this it was a good feeling When I walked in that drill hall/or Pass and Review after running Battle Stations and the cheers and tears that they gave me when they seen that I made it was priceless. To walk across that drill deck with my shipmates was the best day of my life.

When I was moved to ship 15 to be discharged it was a hard blow to take. I did not what to do our how to respond. When I found out that I could ask for a Captions Mask to have it over turned it was to late I was on my way to the bus stations. For my benefit I’m glad I meet many people who seen the potential and gave good advice and wanted to see me make it in life.

Because of them I will not give up until I'm back with my family my shipmates. Now I ask you for a second chance to full fill my dream and to serve my county in the United States Navy .

Sincerely,
[Signed by Applicant]”










Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (2)
Letter from Applicant to Congressman T_
Letter from Congressman T_
Letter from BCNR to Congressman T_
Letter from BCNR to NCPB

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     030109 - 030810  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 030811               Date of Discharge: 031104

 Length of Service (years, months, days):

         Active: 00 02 25
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 31

 Highest Rate: SR

 Final Enlisted Performance Evaluation Averages (number of marks):

 None
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 (ENTRY LEVEL SEPARATION)/ERRONEOUS ENTRY (OTHER), authority: NAVMILPERSMAN, Article 1910-130 (formerly Article 3620280).

 Chronological Listing of Significant Service Events :
031021:  Recruit mental health found Applicant to be cannabis and alcohol dependent. Diagnosed with major depressive disorder, recurrent. Recommended for entry level separation.
031021:  Applicant notified of intended recommendation for discharge with uncharacterized service by reason of defective enlistment and induction due to erroneous enlistment as evidenced by major depressive disorder, recurrent, and alcohol/cannabis dependence. Applicant notified the lowest characterization possible was general (under honorable conditions).
031021:  Applicant advised of 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.
0310xx:  Commanding Officer directed discharge with 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 20031104 with 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 Applicant’s diagnosis by competent medical authority to possess substance dependence and a major depressive disorder provided a proper and equitable basis for administrative separation due to a defective enlistment. By regulation, members discharged within the first 180 days of enlistment are given characterization of service 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 three months in the military to warrant a change of discharge. With respect to non-service related administrative matters, an uncharacterized separation is considered the equivalent of an honorable or general (under honorable conditions) characterization.

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’s discharge characterization accurately reflects his service to his country. Normally, to permit relief, an inequity or impropriety must have existed during the period of enlistment in question. No such inequity or impropriety is evident during the Applicant’s enlistment. Additionally, there is no law, or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in civilian life, subsequent to leaving the service. Relief not warranted.

The Applicant is reminded that he remains eligible for a personal appearance hearing, provided an application is received at the NDRB within 15 years from the date of his 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), 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 5420.174D 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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