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NAVY | DRB | 2005_Navy | ND0500544
Original file (ND0500544.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND05-00544

Applicant’s Request
The application for discharge review was received on 20050202. The Applicant requests the characterization of service received at the time of discharge be changed to general (under honorable conditions). 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 20050519. 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.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1. “Because there was no erroneous enlistment based on evaluation from private physician. There is no evidence of psychosis, oppositional defiant disorder, passive-aggressive personality disorder.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (2)
Commanding Officer’s Authorization for Separation dated May 16, 2003 (2 pages)
Notification Procedures/Statement of Awareness dated May 15, 2003 (2 pages)
Recruit Mental Health Evaluation (2 pages)
Psychiatric Evaluation (2 pages)


PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: None
         Active: None

 Period of Service Under Review :
Date of Enlistment: 030328               Date of Discharge: 030521

 Length of Service (years, months, days):

         Active: 00 01 01
         Inactive: 00 00 25

 Age at Entry: 19                          Years Contracted: 8

 Education Level: 12                        AFQT: 51

 Highest Rate: SR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMA*                 Behavior: NMA             OTA: NMA

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 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.

 Chronological Listing of Significant Service Events :
030513:  Psychiatric evaluation: Applicant diagnosed Axis I: Oppositional defiant disorder, 313.81, EPTE and Axis II: Passive-aggressive personality disorder 301.9, EPTE. Recommendation: Entry level separation due to disqualifying psychiatric condition affecting Applicant’s potential for performance of expected duties and responsibilities while on active duty.
030515:  Applicant notified of intended recommendation for separation by reason of defective enlistment and induction due to erroneous enlistment as evidenced by oppositional defiant disorder and a passive-aggressive personality disorder. Applicant notified that if separation is approved, the least favorable characterization of service possible is general (under honorable conditions).
030515:  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.

030516:  Commanding Officer, Recruit Training Command directed 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 20030521 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 contends that her separation by reason of erroneous entry was improper because there was no evidence of psychiatric disorders. The evidence of record indicates that on 20030513 the Applicant was diagnosed by competent medical authority with disqualifying psychiatric conditions, specifically oppositional defiant disorder and passive aggressive personality disorder. The Applicant’s contention that there was no evidence to support her discharge by reason of erroneous entry is without merit. Relief denied.

 The following is provided for the Applicant’s own edification. 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 2 months 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. 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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