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NAVY | DRB | 2005_Navy | ND0500708
Original file (ND0500708.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT
FOR OFFICIAL USE ONLY

ex-SA, USN
Docket No. ND05-00708

Applicant’s Request
The application for discharge review was received on 20050322. The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. The Applicant requests a documentary record discharge review. The Applicant designated a civilian counsel as the representative on the DD Form 293.

 Decision

A documentary discharge review was conducted in Washington, D.C. on 20051006. 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 and reason for discharge shall not change. The discharge shall remain Uncharacterized by reason of defective enlistment and induction due to erroneous enlistment .


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

“Board of Veterans Appeal changed uncharacterized to Honorable ”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Letter to Applicant from attorney, dtd April 2, 2004
Veterans Benefits attorney/client contract for representation before the Court of Appeals for Veterans Claims (2 pages)
Applicant’s DD Form 214 (Member 1 and 4)
Applicant’s birth certificate
Seven pages from Applicant’s service record
Legal Shield membership card
Greater Roseland Family YMCA card
Applicant’s identification card
Student card
2 undistinguishable cards
Prepaid Legal Casualty, Inc card
Applicant’s social security card
Applicant’s driver’s license
Declaration of financial hardship, dtd March 18, 2004
Notice of docketing, dtd March 18, 2004
Instructions for unrepresented appellants (2 pages)
Letter to the Applicant from Social Security Administration, dtd February 4, 2004 (2 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19991025 - 20001022      COG
         Active: None
Period of Service Under Review :
Date of Enlistment: 20001023             Date of Discharge: 20001129

 Length of Service (years, months, days):

         Active: 00 01 07
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: None
         Confinement:              None

 Age at Entry: 33

 Years Contracted: 4 (12 month extension)

 Education Level: 13                                 AFQT: 51

 Highest Rate: SA

 Final Enlisted Performance Evaluation Averages (number of marks):

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

 Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): None
* Not Available


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

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

Chronological Listing of Significant Service Events :

001116:  Recruit Evaluation Unit: Referred by medical as Applicant voiced an inability to train. Past psychiatric history: Counseled at age twenty-seven with a diagnosis of PTSD secondary to being gang raped at age 9, and was sexually abused from age 9 to age 17. He was beaten up often in grammar, junior high and high school. He reported that he had sex with his mother and his cousin.
         Evidence of past mood disorders: Depressed often from a very young age to present. He was prescribed Zoloft, Zypreia.
         Evidence of past psychosis: Flashbacks and he feels that his brother and mother comes to him in dreams and he and moves items around in the home.
         Family history of past psychiatric/substance diagnosis or tx: His mother had a mental illness and was prescribed medication. SR related that his family is very dysfunctional.
         Physical/Sexual/Emotional abuse: See above.
         Trauma history: See above.
         History of arrests or legal problems: One arrest age 32 for “trying to hop” on the CTA Brown Line.
         Substance/Alcohol History: Crack, Cannabis Crystal Meth and all type of alcohol. Outpatient substance abuse and graduated June 17, 1995. SR stated that he was in the program for two years.
 Medical History: SR has flat feet and he has heel pain on his left foot, chest pain, headaches and cold sweats.
001117:  Medical evaluation by clinical psychologist, Recruit Mental Health
         AXIS I: Post Traumatic Stress Disorder, EPTE.
         Plan and Recommendation: 1. Entry level separation due to disqualifying psychiatric condition affecting SR’s potential for performance of expected duties and responsibilities while on active duty. 2. SR was educated regarding this condition and encouraged to seek treatment following separation. SR is suitable to report to Separations Division.
001121:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as general (under honorable conditions) by reason of defective enlistment and induction due to erroneous enlistment as evidenced by a post-traumatic stress disorder.
001121:  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights.
001122:  Commanding Officer, Recruit Training Command, directed discharge with an uncharacterized service by reason of defective enlistment and induction due to erroneous enlistment (other) as evidenced by a post-traumatic stress disorder. Commanding Officer’s comments: “As evidenced by the listed enclosures, an erroneous enlistment has occurred. I authorize separation from the naval service with an Entry Level Separation. Reentry Code: Not Eligible (RE-4).”

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20001129 by reason of defective enlistment and induction due to erroneous enlistment (A) with a service characterization of uncharacterized. 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 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 contends that the Court of Appeals for Veterans Claims has changed his discharge from uncharacterized to honorable. The Court of Appeals for Veterans Claims reviews decisions made by the Veterans Administration. The Veterans Administration is the primary organization of the Federal government that deals with veterans’ affairs. As such, the VA is responsible for both determining eligibility for post-service benefits and providing such benefits for eligible veterans. In determining eligibility, the Veterans Administration is not typically bound by the Navy’s characterization of service and, as in the Applicant’s case, may make a different determination as to characterization of service for the purposes of post-service benefits. Likewise, determinations made by the Veterans Administration concerning a servicemember’s characterization of service are not binding upon this Board or the Department of the Navy. Thus, even if the Applicant is correct in his contention that the Court of Appeals for Veterans Claims changed his discharge from uncharacterized to an honorable, such a decision does not compel this Board to do the same. Relief on this issue is not warranted.

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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