DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
DISCHARGE REVIEW
DECISIONAL DOCUMENT


FOR OFFICIAL USE ONLY


ex-FR, USN
Docket No. ND06-00239

Applicant ’s Request

The application for discharge review was received on 20051116 . 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 2006100 6 . 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 and reason for discharge shall not change. The discharge shall remain Uncharacterized or convenience of the government due to a physical or mental condition, not a disability .

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PART I -

APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant ’s issues, as stated on the application and/or attached document/letter:

“ At the time of my discharge the Petty Officer 2 ^nd Class informed me before I signed my DD 214 form that I was receiving a Honorable Discharge. The reason he told me this was because I was unsure what uncharacterized, so I ask him for clarification. It was at this time he informed me that I was receiving a Honorable Discharge.

Reason for separation is listed Erroneous Entry, which would indicate that I lied or fabricated something which I did not.

My records also indicate that I was below level Intelligence, which my supporting documents will show I am a college honor student with a 3.5 g pa .

My Navy records also indicate that I was suicidal/homicidal which is inaccurate I have never had any mental health problems which is supported by the attached medical evaluation from Dr. D_.

My current discharge has prevented me from gaining employment in Law Enforcement due to the inaccuracies of the Navy Mental Health Administrative Separation form as well as my discharge.

Dear Sir or Madam:

I am writing to you with regards to my discharge from the United States Navy on June 2, 1999. Currently my DD-214 form states that I have an Uncharacterized (Entry Level Separation) type of discharge. I was under the impression at the time I left the Navy that my discharge was Honorable. It was not until December of 2003, when I applied for a job with the state of Florida, that it was brought to my attention that my discharge was not Honorable. After this time, I looked into my Navy records to discover that my discharge was Uncharacterized and that the reason for the separation was listed as Erroneous Entry (Other). It has been approximately 6 1/2 years since I left the Navy and during this time I have tried to do things to improve my life, educate myself, and obtain a career that I am passionate about. After leaving the Navy I put myself through college and received my Associate in Arts degree in Criminal Justice, while maintaining a 3.5 GPA and consistently being awarded Dean’s list recognition. After graduation, I was promoted to Shipping Manager at V_ P_, and was able to save money in order to further my educational goals. Once I was able to save enough money, I enrolled at the University of South Florida, where I am currently a senior pursuing a Bachelor’s degree in Criminology. During my time at the University of South Florida, I have maintained excellent grades and was offered membership into the Golden Key International Honor Society for being in the top 15% of my class. While a junior at the University of South Florida, I had the opportunity to intern with Bay Area Youth Services (BAYS), which is a local, non-profit, juvenile offender, rehabilitation program. While there I assisted in setting up rehabilitation programs for the youth and their families, attended group counseling sessions, participated in the court process and made in home visits. At this time I am also dually enrolled at the Sarasota Criminal Justice Academy and will graduate on November 23, 2005 with Law Enforcement Certification in the state of Florida. I plan to graduate from the University of South Florida in December of 2006. My hope is to obtain a career as a Law Enforcement officer, something that I have been going to school for and something that I am passionate about doing. In the last few months I have been applying for positions in Law Enforcement and I have been turned down due to my Navy record. Many departments have consistently told me that my Navy record is what will prevent me from gaining a career in my field. This has been extremely frustrating for me on many different levels. I have been spending the last several year’s educating myself in order to work in this field, only to discover that after all of this, it may not be possible. I am hoping that with the various documents I have enclosed you will see that since I have left the Navy I have tremendously improved my life and have been an excellent student. My work history with V_ P_ indicates loyalty and promo ability, my education shows my dedication and passion about Law Enforcement, and throughout these endeavors I have proven to be a valuable asset to my community. I have enclosed the following documents for your review: college transcripts, two letters of recommendation, DD-214 form, Golden Key International Honor Society acceptance, my resume, a mental health evaluation from Dr. D_ and the recruit mental health form from the Navy. Please accept these documents in regards to my request to change my discharge. If you have any further questions or if you need any further documentation please do not hesitate to contact me. Thank you for your consideration.

Sincerely,
[signed]
J_ E. S_. Jr. ”

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

University of South Florida official transcript, dtd October 6, 2005 (2 pgs)
Letter to Applicant from J_ C_, Golden Key International Honor Society , dtd October 13, 2005
Applicant ’s DD Form 214
One-page e xtract from Applicant ’s medical record dtd May 20, 1999
Character Reference ltr from M_ S_ , V.P. Manufacturing, V _ P _ , undtd
Character Reference ltr from S_ K. T_, Bay Area Youth Services, Inc, dtd October 27, 2005
Report of Psychological Screening from G_ D_, Ph.D., dtd September 2, 2005 , unsigned (4 pgs)
Applicant ’s resume

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PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

         Inactive: USNR (DEP)     19990330 - 19990420       COG
         Active: None

Period of Service Under Review :

Date of Enlistment: 19990421              Date of Discharge: 19990602

Length of Service (years, months, days):

         Active: 00 0 1 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: 32

Highest Rate: FR

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

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

UNCHARACTERIZED (Entry Level Separation)/CONDITION, NOT A DISABILITY, authority: MILPERSMAN, Article 1910-120 (formerly 3620200).

Chronological Listing of Significant Service Events :

990516:  Performance Remarks: SR requests to see a chaplain. SR will be referred to chaplain at earliest opportunity.

990517:  Performance Remarks: SR counseled – Chap P_. Referred to REU for eval.

990519:  Performance Remarks: Recruit Evaluation Unit, RTO Great Lakes Naval Hospital. SR evaluated and found to have no psychiatric condition which is considered to be administratively disqualifying. SR is not a danger to self or others at the present time. SR returned to duty.

990519:  Recruit Evaluation Unit, Branch Clinic, Naval Hospital, Great Lakes, IL by M_ J. G_, Ph.D., Clinical Psychologist: SR was interviewed and evaluate. On the basis of reported history, interview and assessment data, and behavior observed while at RTC, it has been determined that the SR is returned to duty.
         Diagnosis(es): Axis I: Occupational problem.
         Axis II: No diagnosis offered on Axis II.
         Recommendation: Return to duty.

990520:  Performance Remarks: SR requests to see a chaplain. Referred to chaplain. SR counseled – Chap H_.

990520:  Naval Hospital Great Lakes, Emergency Medical Services Report: Comments: “ 20 year old male recruit with complaints of depression. Upon EMS arrival patient found sitting, alert and oriented x 3, SMV’s intact V/S as above. Patient states “I want out of Navy cause I can’t deal with Navy and family problems.” Patient is in PAST being in boot camp for 1 month. Positive suicidal thoughts, negative route, negative plan. Patient ambulated to r/g transported to 1002 per med control for further eval ... ”

990520:  Medical Evaluation at Recruit Mental Health: Mental Health Staff, J_ E. D_, Ph.D.: This 20 year old, single Caucasian male SR was referred to REU on May 20, 1999 by Medical. S R arrived at RTC on April 21, 1999 and was referred to REU because SR said he would probably harm himself unless he is sent home and separated from the Navy.
Since arriving on active duty : SR was seen emergently in the treatment room because he reported suicidal ideas. He had been seen in REU the day before and had been returned to duty. Command evaluation was not available.
A ssessment confirms the following disqualifying psychiatric diagnosis(es) :
AXIS I: Adjustment disorder with disturbance of conduct (threat of self-harm to effect military discharge )
AXIS II: No diagnosis offered
P lan and Recommendation :
1. Entry level separation is effected because of the disqualifying psychiatric condition(s). This 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.

990524 :  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as general (under honorable conditions) by reason of convenience of the government due to physical or mental conditions as evidenced by an adjustment disorder.

990524 :  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.

990528 :  Commanding Officer, Recruit Training Command, Great Lakes, IL , directe d discharge with an uncharacterized service 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 enclosures (2) and (3), the diagnosed adjustment disorder has interfered with this recruit’s assignment to, and performance of duties. I authorize separation from the naval service with an Entry Level Separation. Reentry Code: RE-4. ”

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PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19990602 for convenience of the government due to a physical or mental condition, not a disability (A) with a service characterization of uncharacterized. After a thorough review of the available records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (B and C).

During the review of the Applicant’s records, the Board discovered that the Applicant’s administrative separation was not in full compliance with applicable regulations. For separations based on condition not a disability, regulat ions require that the condition not a disability exist and that the member receive a discharge warning (NAVPERS 1070/613) prior to the Applicant being processed for separation. The evidence of record did not reveal that the Applicant was issued a proper discharge warning. However, after considering the circumstances unique to the case, the Board determined that the procedural error was not prejudicial to the Applicant and therefore affords him no relief. There is little doubt to the NDRB that the discharge would have remained the same if the error had not been made and thus relief based upon this error is not warranted.

The Applicant contends that his character of service should be changed because “the Petty Officer 2 ^nd Class informed [him]… that [he] was receiving an Honorable 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. Regulations indicate that members separated under and entry-level status will receive an uncharacterized character of service unless an under other than honorable conditions discharge or honorable discharges is warranted. For entry-level separations, Honorable discharges are warranted only under unusual circumstances and must be approved by the Secretary of the Navy. The Applicant's service record did not contain any unusual circumstances during his less than two months in the military to warrant a change of discharge to honorable. Additionally, 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. Relief is not warranted.

The Applicant implies that his narrative reason for separation should be changed because it implies that he “lied or fabricated something.” The Board noted that the narrative reason listed on the Applicant’s DD214 was in error. The Applicant was diagnosed as having an adjustment disorder, a condition not a disability, and recommended by competent medical authority for separation on this basis. The Applicant’s Commanding Officer notified the Applicant of his intention to process the Applicant for discharge by reason of condition, not a disability. On 19990528 the Applicant’s Commanding Officer directed the Applicant’s discharge by reason of condition, not a disability. Relief is not warranted.

The App licant implies that his discharge should be changed because his “Navy records also indicate that [he] was suicidal/homicidal which is inaccurate.” The evidence of record shows that the Applicant was treated and subsequently evaluated for suicidal ideations on 19990520. Neither the documents submitted by the Applicant nor the Applicant’s statements were sufficient to demonstrate that the Applicant was not properly diagnosed by proper medical authority. The Applicant was diagnosed with an adjustment disordered on 19990520 by a properly credentialed medical authority. Relief is not warranted.

The Applicant implies that his discharge should be changed because his post-service grade point average shows that he is not of low intelligence and because his discharge is inhibiting his employment opportunities. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge. The Board could find no connection between the implication that the Applicant’s record shows “low intelligence” and the Applicant’s character of service or narrative reason for separation. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Relief is not warranted.

Regarding the Applicant’s documentation pertaining to post-service accomplishments, 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. However, the Applicant should be aware that the Board does not normally upgrade uncharacterized discharges based on post-service conduct. 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. Representation at a personal appearance hearing is recommended but not required.

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Pertinent Regulation/Law (at time of discharge)

A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 24, effective
20 May 99 until 27 Aug 01, Article 1910-120 (formerly 3620200), SEPARATION BY REASON OF CONVENIENCE OF THE GOVERNMENT - PHYSICAL OR MENTAL CONDITIONS.

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