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NAVY | DRB | 2006_Navy | ND0600042
Original file (ND0600042.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND06-00042

Applicant’s Request
The application for discharge review was received on 20051004. 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 20060810. 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 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:

“I was only 19 when I entered the Navy. I was not fully prepared for what I was getting into. I would like to re-enlist back into the Navy now that I am older and better prepared.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     20030922 – 20031124               COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 20031125             Date of Discharge: 20040106

 Length of Service (years, months, days):

         Active: 00 01 12
         Inactive: None

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

 Age at Entry: 20

 Years Contracted: 4

 Education Level: 12                                 AFQT: 64

 Highest Rate: SR

 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.

Chronological Listing of Significant Service Events :

031224:  Recruit Mental Health Evaluation by J_E. D_, Ph.D.: Applicant referred because he told his CARE counselor that he was having thought of suicide. The Applicant was previously seen on 10 Dec 03 after disclosing thoughts of self-harm to the Chaplain.
          Assessment:
 AXIS I: Depressive disorder NOS, 311, EPTS.
         AXIS II: Personality disorder NOS, 301.9, with hysterical and avoidant features, EPTS.
         Plan &   Recommendation:
 1. Entry level separation is effected because of the disqualifying psychiatric condition(s). Applicant is not suitable for continued training given the above diagnosis and is at further risk if retained.
2. Applicant was informed regarding his condition and was recommended to seek treatment. Applicant suitable to report to Separation Division.

031230:  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 depressive disorder, personality disorder, with hysterical and avoidant features.

031230:  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.
031231:  Commanding Officer, Recruit Training Command, directed the Applicant’s discharge with an uncharacterized service by reason of defective enlistment and induction due to erroneous enlistment as evidenced by depressive disorder, personality disorder, with hysterical and avoidant features. Commanding Officer’s comments: “As evidenced by the listed enclosures, an erroneous enlistment has occurred. I directed Personnel Support Activity Detachment, Recruit Training Command, Great Lakes to separate the subject named member from the naval service within 10 working days after receipt of this letter.”

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20040106 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 service member’s performance or conduct that would merit another 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 higher characterization. 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. No relief is granted.

The Applicant suggests that his discharge was inequitable because he was “only 19” at the time of service. The Board recognizes that serving in the U.S. Navy is challenging. Our country is fortunate to have men and women willing to endure the hardships and sacrifices required in order to serve their country. Most servicemembers begin their service at a relatively young age. It must be noted that despite their relative youth and immaturity, the vast majority of these members of the Navy still serve honorably and therefore earn their honorable discharges. In fairness to those members, commanders and separation authorities are tasked to ensure that undeserving Sailors receive no higher characterization than is due. The Board found that the Applicant's service was equitably characterized. Relief denied.

The Applicant is advised that the Board has no jurisdiction over reenlistment, reentry, or reinstatement into any of the Armed Forces. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge. Since this issue does not serve to provide a foundation upon which the Board can grant relief, relief on this basis 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 post-service accomplishments or any other evidence related to the 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 25 Jan 04, 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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