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NAVY | DRB | 2005_Navy | ND0500087
Original file (ND0500087.rtf) Auto-classification: Denied


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

ex-SA, USN
Docket No. ND05-00087

Applicant’s Request
The application for discharge review was received on 20041020. 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 to “HARDSHIP DISCHARGE.” 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 20050727. 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 reason for discharge shall not change. The discharge shall remain: UNCHARACTERIZED (ENTRY LEVEL SEPARATION)/ERRONEOUS ENTRY (OTHER), authority: NAVMILPERSMAN, Article 1910-130.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

“I was notified by Red Cross on 1-8-2001, that my mother and her doctor were requesting my release with a Hardship Discharge. I complied with their request, the out-processing was started, and I was released on 1-17-2001. My mother, her doctor and I agreed on this Hardship Discharge because my mother was terminally ill. I was the only child and had only one grandparent (grandmother, 91 years old, who lived in another state/Grandfather Deceased) abandoned Father at birth.

 Why an upgrade or change is requested and justification for the request! I believe the record to be in error or unjust for the following reasons:

My mom was all I had, and all my mom had was me.

Since I was going through an extremely emotional event due to my mom’s illness (i.e. depressed, anxious), they asked me had I acted or felt like this before and I said yes as my mother had been battling this disease since I was twelve years old. I came very close to loosing her four other times before this incident. The United States Navy used this information and claimed it as an erroneous entry. There is a lot of contradicting evidence in the paperwork that I received concerning my discharge. I feel that the doctors and their staff took things that I said and misinterpreted it when documenting the paperwork that was given to E.W. G_ for his approval of my discharge.

The reason given for out-processing me from the service as stated in a letter dated 1/11/2001 from E.W. G_ was “defective enlistment and induction due to erroneous enlistment as evidenced by a dysthymic disorder and a personality disorder”. This is incorrect. As I stated previously, I was young and loosing the only parent and loved one that was ever involved in my life. Going through this was extremely emotional, as it would be for anyone. They used this against me and characterized me as having a dysthymic and personality disorder. For example, while under evaluation of Dr. E_ M_, I recall watching her read through medical books to find a diagnosis based on the symptoms I exhibited. I feel that she did not take into account the social constraints or causes of my symptoms. I feel that it was inaccurate to diagnose me with a dysthymic and personality disorder based on a 30 minute evaluation. After researching, I have found that these disorders may take many months or even years of evaluations to properly diagnose.

For some time, I had sought additional guidance to help myself deal with loosing my mom. I had no other family members to rely on and I had to seek a mentor from the church for support and guidance. My mother and I thought that it would be beneficial for me to attend counseling so that I could responsibly work through these emotional and traumatic life issues. I did not mention this on my entry examination as this was just counseling. I felt that I was ok with everything at the time of entry. I do not have a mental illness due to chemical imbalances. I have had several real life issues throughout my life that have brought on these real and normal emotions.

My mother encouraged me to do something positive with my life and we discussed the military service. We also discussed my college education and decided that the Navy would be the best choice at the time. I always wanted to serve my country from a young age. That is why I enlisted in the United States Navy, which made my mother very proud of me. But when her health took a turn for the worse, again, she and her doctor requested that I come home to be with her in her remaining time. I felt that I needed to do this for her as she gave me life and was always there for me. I also needed to do this for myself so that I could spend this remaining time with her.

Fortunately, I was able to spend the last two and a half years of her life with her, rather than away for four or more years in the service. In the years since my discharge, I have had many other traumatic worry some times as my mother’s disease progressed and worsened. My mother’s illness that she was originally diagnosed with, polycythemia vera (blood disease that is a cousin to leukemia), had ultimately progressed to full-blown leukemia. Most recently, from late May to early October 2003, she was hospitalized at the Mayo Clinic in Rochester, Minnesota due to the fact that they could not give her the specialized care and treatments at the hospitals in Louisville, Kentucky. I had to withdraw from all of my classes at Indiana University Southeast (for the third semester in a row) and take time off from my part-time job to travel with her. On October 16, 2003, she passed away and I have been trying to follow through with her and my wishes to make my life more positive through continuing my education and establishing a career path. As her only child, my life has had many twists due to the negative effects of her disease on our lives and I am determined to overcome this.

It has been extremely bothersome to me that all along I thought that this discharge was under a hardship condition. For the past three and a half years, I have been focusing all of my efforts on my mother and it has taken the focus off of my future. Since she has passed away. I have started to focus on my education, career, and life, and this falsely represented discharge has proven to affect my career decisions thus far. I respectfully request that you amend this discharge to reflect under a hardship condition as it truly was, rather than an erroneous entry. I am also requesting that the medical documentation (Administration Separation Recommendation and Neuropsychiatric Technician Initial Interview Recruit Evaluation Unit Document) that was used to consider me with these mental disorders be stricken from my records as they contain conflicting information that is inaccurate and inconsistent.

It has been very hard for me to go back to recall all of these events surrounding my brief Naval experience. It has been extremely hard to sit down and express this information in a letter. I hope that you can respect my decision for doing this and consider making these corrections to my military record. I enlisted in the service to do good things for our country and myself I could not control the events that took place surrounding my discharge. I went in with positive intentions and never thought that I would be released on ANY negative terms.

I stand ready to answer any further questions that your office deems appropriate to this request for amendment of my discharge orders. I greatly appreciate your assistance with this matter. I would like to be kept up to date on the entire process and am requesting copies of all documentation that is generated throughout the procedure. This will greatly ease the difficulties that I have encountered while trying to seek professional employment.

Please find enclosed a copy of the Red Cross message and my mother’s death certificate.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Red Cross message form, dated January 8, 2000
Certificate of Death, dated October 31, 2003

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     001012 - 001227  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 001228               Date of Discharge: 010117

 Length of Service (years, months, days):

         Active: 00 00 20
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

 Education Level: 12                        AFQT: 39 [Extracted from psychiatric evaluation]

 Highest Rate: SA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NA*                           Behavior: NA*             OTA: NA*

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: None

*Not available.

 Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNCHARACTERIZED (ENTRY LEVEL SEPARATION)/ERRONEOUS ENTRY (OTHER), authority: NAVMILPERSMAN, Article 1910-130.

 Chronological Listing of Significant Service Events :
010105:  Recruit Evaluation Unit Document. Since being at RTC: SR stated he is having symptoms of an anxiety attack (tachycardia, shortness of breath, confusion, lack of sleep, etc.) and misses home very much. SR stated he falsified documents to enter the Navy and feel he needs to go home and resume his tx and rx. SR stated he stopped taking his medication one month PTE.

010105:  Recruit Mental Health Evaluation: Assessment: AXIS I: Dysthymic disorder, early, EPTE with suicidal ideation hospitalizations. AXIS II: Personality disorder with dependent features.

010110:  Applicant notified of intended recommendation for discharge by reason of defective enlistment and induction due to erroneous enlistment as evidenced by a dysthymic disorder and a personality disorder. The Applicant was notified that the least favorable characterization of service possible is general (under honorable conditions).
010110:  Applicant advised of rights and having elected not to consult with qualified counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

010111:  Commanding Officer authorized discharge with an uncharacterized service by reason of defective enlistment and induction due to erroneous enlistment as evidenced by a dysthymic disorder and a personality disorder.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20010117 with an uncharacterized service for defective enlistment and induction due to erroneous enlistment (A). 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 (B and C).

 By regulation, members notified of intended recommendation for discharge within the first 180 days of enlistment are eligible for an uncharacterized or entry-level separation characterization of service. Unless there were unusual circumstances regarding a servicemember’s performance or conduct that would merit an honorable characterization, an uncharacterized discharge is generally considered the most appropriate characterization of a member’s service. 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 desires a change in his Narrative Reason for Separation to “hardship”. The separation process was in strict compliance with the Naval Military Personnel Manual. The Applicant was processed for separation by reason of defective enlistment – erroeneous entry on the basis of a disqualifying personality disorder that existed prior to entry. The separation authority determined that “erroneous entry” 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.

The Applicant desires certain documents relating to his discharge be stricken from his record. The following if provided for the edification of the Applicant. The NDRB has no authority to remove or have documents stricken from a servicemember’s service record. The Applicant may, however, petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100, concerning this issue, if he desires further review of his case.

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 V, Para 502, Propriety .

 C 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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