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NAVY | DRB | 2005_Navy | ND0501443
Original file (ND0501443.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. ND05-01443

Applicant’s Request
The application for discharge review was received on 20050901. The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions). 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 20060512. 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 that the character of the 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:

“For not knowing that if I had not jump off of the platform that it would result in an action of this magnitude; or of this depth. I would like to add that issues happen in bootcamp that do ! warrant discharges of greater magnitude I was not aware at the time that it would have this much cause & effect. I do understand that it is possible to get or receive an upgrade to re-enlist in the Navy. From erroneous entry to General Discharge from Code 04 to 03 or to re-enlistment status”
Documentation
Only the service and medical records were reviewed. The Applicant did not provide additional documentation for the Board’s consideration.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USAR (DEP)     199711XX - 19980219      COG
                  USNR (DEP)      19980312 - 19980316      COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 19980317             Date of Discharge: 19980413

 Length of Service (years, months, days):

         Active: 00 00 27
         Inactive: None

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

 Age at Entry: 26

 Years Contracted: 4

 Education Level: 12                                 AFQT: 50

 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 (formerly Article 3620280).

Chronological Listing of Significant Service Events :

980312:  Pre-service waiver for drug, dependents and DEP granted.

980401:  Recruit Training Command, Naval Training Center, Great Lakes, Illinois.
         SR interviewed and evaluated. Diagnosis: AXIS I: Occupational problem. Recommendations: Return to duty and remedial swim.

980403:  Recruit Evaluation Unit, Branch Clinic, Naval Hospital, Great Lakes, Illinois. SR interviewed and evaluated. Diagnosis: AXIS I: Specific phobia, natural environment type. SR was educated as to condition and discharged to RTC Holding Company awaiting separation. Suggested SR seek treatment upon returning home.

980406:  Medical evaluation by Mental Health Staff, M_ M_ Psy. D.
          AXIS I: Specific phobia, natural environment type, EPTE.
         Plan and Recommendation: 1. Entry-level separation is effected because of the disqualifying psychiatric condition. 2. SR was encouraged to seek treatment for their condition upon separation. SR was educated regarding this condition and given an after care referral. SR is suitable to report to Separations Division.
980407:  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 specific phobia; natural environment type.
980407:  Applicant advised of rights and having 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.
980408:  Commanding Officer, Recruit Training Command, Great Lakes, Illinois directed discharge with an entry level separation by reason of defective enlistment and induction into the naval service due to erroneous enlistment as evidenced by a specific phobia; natural environment type. Commanding Officer’s comments: “As evidenced by enclosure (3), an erroneous enlistment has occurred. I authorize separation from the naval service with an Entry Level Separation.”
PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 19980413 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).

The Applicant contends that he did not know that his failure to jump off of the platform at RTC would result in his separation. The Applicant requests an upgrade from erroneous entry to General Discharge. 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 1 month in the military to warrant a change of discharge characterization to honorable.

The Applicant is seeking an upgrade so he may re-enlist in the Navy. Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, NDRB is not authorized to change a reenlistment code. Reenlistment policy of the naval service is promulgated by the Commander, Navy Recruiting Command, 5722 Integrity Drive, Bldg 784, Millington, TN 38054. Neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to reenlistment. A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter.

The following is provided for the edification of the Applicant. Normally, to permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question. The Board discovered no impropriety after a review of Applicant’s case. There is no law or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving Naval service. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review. Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service and certification of non-involvement with civil authorities. As of this time, the Applicant has not provided any post-service documentation for the Board to consider. Relief denied.

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 additional evidence related to this 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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