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NAVY | DRB | 2005_Navy | ND0501213
Original file (ND0501213.rtf) Auto-classification: Denied


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

ex-AA, USN
Docket No. ND05-01213

Applicant’s Request
The application for discharge review was received on 20050712. The Applicant requested that her characterization of service received at the time of discharge be changed to honorable. The Applicant requested 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 20060209. After a thorough review of all available 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 characterization of the discharge shall not change. The discharge shall remain Uncharacterized by reason of defective enlistment and induction due to fraudulent entry .

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the attached letter:

 “To whom it may concern:

I, C_ M_ H_(Applicant) (social security number deleted) , respectfully request to have my RE code changed from a RE-4 to a RE- 1. Enclosed are the most current diagnoses from a medical doctor. The document states that there are and were no required treatments or medications needed in my personal situation. The doctor stated that I am indeed sane that I have no depression or personality disorders nor did I ever. To the best of my knowledge the decision for my discharge was based on an old record from my childhood, and a doctor did not evaluate me since then. Please help me in any way that you can.

My family has a big naval history, and as I am very eager to keep on the tradition and I am looking forward to further my naval career. I would greatly appreciate any help or assistance you could provide in this matter.

Very respectfully,

C_ M_ H_(Applicant)
[signed] 20050705
(social security number deleted) ”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Letter from G_ W. G_, MS, LMHC, Lakeview Center, Inc., dated July 01, 2005
Report of Administrative Separation, dated September 17, 2004 (2 pages)
Administrative Separation Processing Notification, dated September 15, 2004 (2 pages)
North Chicago VA Medical Center, progress note, dated September 10, 2004 (2 pages)
Applicant’s DD Form 149

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     20040527 - 20040906      COG
          Active: None

 Period of Service Under Review :
Date of Enlistment: 20040907             Date of Discharge: 20040923

 Length of Service (years, months, days):

         Active: 00 00 17
         Inactive: None

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

 Age at Entry: 18

 Years Contracted: 4

 Education Level: 12                                 AFQT: Unknown

 Highest Rate: AA

 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/ FRAUDULENT ENTRY INTO MILITARY SERVICE, authority: MILPERSMAN, Article 1910-134 (formerly 3630100).
Chronological Listing of Significant Service Events :

040522:  Medical Prescreen of Medical History (DD Form 2807-2): Applicant answered “no” to question 16 [“have you ever had or do you now have: seen by a psychiatrist, psychologist, counselor or other professional for any reason (inpatient or outpatient) including counseling or treatment for alcohol, adjustment, family, marriage or any other problem, to include depression, or treatment for alcohol, drug or substance abuse”].
040527:  Report of Medical History: Applicant answered “no” to questions 17 (h) (“have you ever had or do you now have: attempted suicide”), 20 (“have you ever been treated in and emergency room”), and 21 (“have you ever been a patient in any type of hospital”).
040909:  North Chicago VA Medical Center: Applicant admitted for depression with suicidal idealations. Second admission. The Applicant admitted a history of depression for may years, a suicide attempt at age 15 and subsequent admission to psychiatric unit.
Assessment: Adjustment disorder with depressed mood. History of depressive disorder. Personality disorder not otherwise specified with borderline traits. “Because of this service member’s inability to adapt to the stressors of the military as evidenced by poor sleep, appetite and energy level, hopelessness, helplessness and suicidal ideation, as well as in light of past psychiatric sx and suicide attempt, impulsivity and unstable self image, it is recommended that she receives an entry level separation. If maintained on active duty this service member may become a high risk to harm self/others.”
I_ S_, MD and P.W. H_, MD

040913:  DoD-VA Psychiatric Liaison, Mental Health Department, Naval Hospital, Great Lakes, IL recommended to Commanding Officer, Recruit Training Command, the separation of AA H_ (Applicant) for personality disorder.
         Assessment: Depression (recurrent) and borderline personality disorder (severe).
At this time, the conditions are sufficiently sever to impair significantly the member’s ability to function effectively in the military environment, as demonstrated by: Chronic depressed mood, suicidal acting out resulting in a past psychological hospitalization, current suicidal plans to cut her wrist, past history of unresolved sexual abuse, mood swings, and social isolation.
She is a threat to herself and others.

040915:  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 enlistment and defective enlistments and inductions - fraudulent entry into naval service.
040915:  Applicant advised of rights and elected not to consult with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.
040917:  Commanding Officer, Recruit Training Command, Great Lakes, IL directed the Applicants discharge with an uncharacterized (entry level separation) by reason of defective enlistment and induction - fraudulent entry into naval service. Commanding Officer’s comments: “An erroneous and fraudulent enlistment has occurred. AA H_’s(Applicant) psychiatric conditions affect her potential for performance of expected duties and responsibilities while on active duty and pose a risk if she is retained in the naval service.”

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20040923 by reason of defective enlistment and induction due to fraudulent entry (A) with a service characterization of uncharacterized. After a thorough review of all available records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (B and C).

Normally, to permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question. 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. Unless there were unusual circumstances regarding a servicemember’s performance that would merit honorable, an uncharacterized discharge is generally considered the most appropriate. The Applicant served in the U. S. Navy for less than a month, during that time no meritorious service was documented. After a thorough review of the Applicant’s case, the Board discovered no impropriety or inequity. Relief denied.

 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 stated that she believes her discharge was a result of an old medical record from her childhood, she does not (and never did) have depression, and a doctor did not evaluate her. The Applicant submitted a letter from a Licensed Mental Health Counselor, which stated that the Applicant is capable of performing under stressful conditions. However, the Applicant’s pre-service medical history documents her long-standing history of depression, suicidal ideations and a period of psychological hospitalization. During her short time in the military the Applicant was seen for suicidal ideations on two separate occasions. She was evaluated by three competent and appropriately credentialed medical doctors and was diagnosed with depression and personality disorder. Further, she was considered to represent a significant threat of harm to herself and/or others. T he Applicant’ s failure to disclose psychiatric hospitalization and a suicide attempt prior to entry into the U. S. Navy substantiates the Applicant’s fraudulent entry into the military for which she was separated. The Board found that the Applicant deliberately misrepresented her medical condition during the enlistment process, including the omission or concealment of facts, which, if known at the time would have reasonably been expected to preclude, postpone, or otherwise affect the Sailor’s eligibility for enlistment or induction. The NDRB found no impropriety in the Applicant's discharge. Relief denied.
The Applicant requested that her RE code be changed from RE-4 to RE-1. For the edification of the Applicant, the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces and the NDRB is not authorized to change a reenlistment code. An unfavorable “RE” code is, in itself, not a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes. This issue is without merit. Relief 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. The Applicant can provide documentation to support any claims of post-service accomplishments or any other evidence related to her discharge at that time. 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 2 May 2005, Article 1910-134 (previously 3630100), Separation by Reason of Defective Enlistments and Inductions - Fraudulent Entry Into the Naval Service.
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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