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NAVY | DRB | 2005_Navy | ND0501551
Original file (ND0501551.rtf) Auto-classification: Denied


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

ex-AR, USN
Docket No. ND05-01551

Applicant’s Request
The application for discharge review was received on 20050921. The Applicant requests the Narrative Reason for Separation be changed to “REENTRY CODE: 3 or less.” 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 20060629. 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 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:

“My Discharge was improper do to being misdiagnosed with a mental health problem that would make erroneous enlistment invalid.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Three pages from Applicant’s service record
Applicant’s DD Form 214 (2)
Allied Behavioral Health Services, Incorporated assessment, dtd August 25, 2005 (5 pages)
Letter to Congressman from Applicant, dtd September 6, 2005 (2 pages)
Character Reference ltr from R_ D_, dtd September 7, 2005
Character Reference ltr from F_ T. W_, dtd September 5, 2005
Letter of recommendation from T. S. K_, Superintendent, at The Great Lakes Construction Company, undtd
Job/Character Reference ltr from R_ S_, Field Secretary at the Great Lakes Construction Company, undtd
Certificate of Completion, dtd November 15, 2002

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19990327 - 19990406      COG
          Active: None
Period of Service Under Review :
Date of Enlistment: 19990407             Date of Discharge: 19990428

 Length of Service (years, months, days):

         Active: 00 00 22
         Inactive: None

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

 Age at Entry: 18

 Years Contracted: 4

 Education Level: 12                                 AFQT: 32

 Highest Rate: AR

 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 Applicable


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 :

990408:  Retention Warning: Applicant as follows: “You are being retained in the Naval service, despite your defective enlistment and induction due to fraudulent entry into naval service as evidenced by your failure to disclose your pre-service civil involvement. Speeding, 3/99, Everett PA, paid $151. This decision is based on the information you provided the Recruit Quality Assurance Interviewer and if it is found that additional information has not been disclosed, this waiver is void and you could be subject to other judicial or administrative proceedings. However, any further deficiencies in performance or conduct may result in processing for administrative separation.”
990420:  Medical evaluation by J_ L. D_, PH.D., Mental Health Staff, Recruit Mental Health.
         AXIS I: Adjustment disorder with depressed mood.
         AXIS II: Borderline personality disorder, EPTE.
         Assessment: SR (Applicant) was referred to REU on 990419 by Chaplain because he made a suicide gesture by attempting to cut his throat with a sewing kit scissors. SR reported suicidal thoughts, depression, and was stopped by a shipmate before he stabbed himself with his scissors.
         Plan and Recommendation:
         1. Entry level separation is effected because of the disqualifying psychiatric condition(s). The SR is not suitable for continued training given the above diagnosis(es) and is at further risk if retained.
         2. SR was informed regarding their condition and was recommended to seek treatment, SR is suitable to report to Separations Division.

990422:  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 borderline personality disorder and convenience of the government due to physical or mental conditions as evidenced by an adjustment disorder.
990422:  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.
990423:  Commanding Officer, Recruit Training Command, Naval Training Center, Great Lakes, IL, directed discharge with an entry level separation service by reason of defective enlistment and induction due to erroneous enlistment as evidenced by a borderline personality disorder and by reason of Convenience of the Government due to physical or mental conditions as evidenced by an adjustment disorder. Commanding Officer’s comments: “As evidenced by enclosure (2), an erroneous enlistment has occurred. I authorize separation from the naval service with an Entry Level Separation. Reentry Code: RE-4.”

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 19990428 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 was diagnosed with "Borderline Personality" (that existed prior to service) by competent medical authority at Recruit Mental Health Clinic, Recruit Training Command, Great Lakes, IL, and was recommended for entry-level separation from the Navy. A member may be separated on the basis of erroneous enlistment when enlistment would not have occurred if the relevant facts had been known by the Navy Department. Thus, the Board finds that the Reason for Discharge reflects the Applicant's mental health status at the time of his discharge, and was proper and equitable at the time of issuance. "Erroneous Entry" is an accurate narrative description of the reason for the Applicant's discharge. The contention that the personality disorder no longer exists or has been overcome, as documented on a recent assessment provided by the Applicant, does not provide a legitimate basis to revise official records that were accurate at the time of issuance. Relief is not warranted.

For the information of the Applicant, 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. 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.

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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