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NAVY | DRB | 2005_Navy | ND0500844
Original file (ND0500844.rtf) Auto-classification: Denied


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

ex-AN, USN
Docket No. ND05-00844

Applicant’s Request
The application for discharge review was received on 20050419. 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 did not designate a 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, an impropriety in the characterization of the Applicant’s service was discovered by the NDRB. The Board’s vote was unanimous that the discharge shall change to: HONORABLE/ERRONEOUS ENTRY (OTHER).



PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 No issues were submitted by the Applicant.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:

Applicant’s DD Form 214
Reference ltr from H_ M. Y_ (Applicant’s mother) dtd January 23, 2005
Character Reference ltr from Pastor C. A. L_, Jr., undated
Character Reference ltr from V_ E. T_ dtd January 23, 2005
Character Reference ltr from L_ M_ dtd August 31, 2004

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     20030210 – 20030930               COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 20031001             Date of Discharge: 20040408

 Length of Service (years, months, days):

         Active: 00 06 08
         Inactive: None

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

 Age at Entry: 18

Years Contracted: 4 (12 month extension)

 Education Level: 12                                 AFQT: 44

 Highest Rate: AN

 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): National Defense Service Medal.
* Not Available


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

GENERAL (UNDER HONORABLE CONDITIONS) /ERRONEOUS ENTRY (OTHER), authority: NAVMILPERSMAN, Article 1910-130.

Chronological Listing of Significant Service Events :

040105:  NAVAVSCHOLSCOM Code 12 (Medical): Applicant seen at Naval Pensacola Emergency Room on 5 January 2004 after 9 pm for chest wall pain of three months duration, seen earlier that day by the flight surgeon, and had taken two 800 mg Motrin about 1900 without pain relief.

040108:  NAVAVSCHOLSCOM Code 12 (Medical): Applicant seen in military sick call for chest wall pain for two years, seen again on 040115 for the same complaint. History of that began with football two years ago and his mother made him quit football because of it, evaluated by a physician at that time. This pain was not documented on his MEPS exam in Feb 2002 or on his GLAKE exam of 27 October 2003.

040305:  NAVAVSCHOLSCOM Code 12 (Medical): Applicant completed an extensive Neurology evaluation without any finding of muscle weakness or involvement, no nerve injury or involvement, a normal ECG, normal chest x-ray, and all lab studies are normal. No physical basis for his complaint of pain and weakness is identified. Applicant is FIT FOR FULL DUTY. If unable to perform his duties and administrative separation is recommended. This condition Existed Prior To Enlistment by at least two years, and no medical board is indicated.

040402:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as general (under honorable conditions) by reason of defective enlistments and inductions-erroneous enlistments.
040402:  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights.
040407:  Commanding Officer, Naval Aviation Schools Command, directed the Applicant's discharge with a general (under honorable conditions) by reason of erroneous entry (other).

040409:  Commanding Officer, Naval Aviation Schools Command, forwarded the administrative discharge package to CNPC (PERS-832). Commanding Officer’s comments: AN Y_ (Applicant) did not meet minimum physical standards for enlistment or induction upon entry. Before entering the service AN Y_ (Applicant) had Anterior chest wall pain. This pain was not documented on his MEPS Examination, or in his Great Lakes Examination. He is not physically qualified for military service, and his medical condition would prevent him from performing his expected duties and responsibilities. Therefore, I authorized the discharge of AN Y_ (Applicant) from the Navy.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20040408 by reason of defective enlistment and induction due to erroneous enlistment (A) with a service characterization of general (under honorable conditions). After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge characterization was improper (B).

Under applicable regulations, the only authorized characterizations of service for a separation by reason of defective enlistments and inductions – erroneous enlistment is honorable or entry level separation. A review of the Applicant’s service record indicates that he was notified and processed for separation by reason of erroneous enlistment with a least favorable characterization of general (under honorable conditions). Subsequent to the Applicant’s waiver of his rights, the Separation Authority directed the Applicant’s discharge with a general (under honorable conditions) discharge. The evidence of record convinced the Board that the Applicant’s notification and discharge characterization were improper. A general (under honorable conditions) discharge is not an authorized characterization of service for an erroneous enlistment. As such, the Board voted unanimously that the Applicant’s discharge be changed to honorable. Relief granted.

 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 19 June 2005, 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 .

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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