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NAVY | DRB | 2006_Navy | ND0600316
Original file (ND0600316.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. ND06-00316

Applicant’s Request
The application for discharge review was received on 20051206 . 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 20061103 . 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 issue s, as stated on the application :

“ I feel that the reviewing Officer did not truly understand my state of mind at that time. I was young and I need not fully understand what was going on around me. I would like to continue my quest for a military career my reenlist ing back into the Navy. Any consideration will be greatly appreciated. ”

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Member copy 4)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     20020220 - 20020423       COG
         Active: None
Period of Service Under Review :
Date of Enlistment: 20020424              Date of Discharge: 20020715

Length of Service (years, months, days):

          Active: 00 0 2 22
         Inactive: None

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

Age at Entry: 20

Years Contracted: 4 ( 24 -month extension)

Education Level: 12 +              AFQT: 78

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 A pplica ble


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 :

020520:  Retention Warning: Advised of deficiency (Making an unauthorized NEX run to purchased unauthorized items (candy) for yourself and two other recruits.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
020605 :  Naval Hospital, Great Lakes, IL, Clinical Record: Applicant was admitted via Recruit Evaluation Unit because of disorganized behavior.
Chief Complaint: “I DON’T KNOW WHY I AM HERE. I DON’T BELONG TO THIS PLACE. I DON’T LIKE THIS PLACE.”
Impression: The patient (Applicant) presented himself with very well-developed delusional system. He claims that he was chosen by National Security Agency to become one of their operatives and he was sent here. Because of his assignment, he refused to talk more about that because he fears that, he will be punished by death if he discloses any information regarding them. He also states that he was given special code for special, intimate page where he is supposed to get further assignments and information regarding the organization.
AXIS II:         Personality disorder not otherwise specified with Narcissistic and immature traits
AXIS III:       NONE
AXIS IV:         Moderate
AXIS V:  Global Assessment of Functioning is 35.
PLAN
1.       The patient was admitted to 5 East for his own safety.
2        The patient was put on observational status with further promotion when appropriate.
3        Individual, group, and milieu therapy introduced to the patient.
4.       Postpone the discussion about psychotropic medication until diagnostic clarification.
Recommendation: This active service member has psychiatric condition which existed prior to enlistment. This condition is not amenable to treatment in the military setting. If allowed to stay, this active duty member will pose significant risk for harming himself or other.

020613:  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 personality disorder.

02061 7 :  Applicant advised of rights and having consulted with counsel, elected to obtain copies of the documents used to support the basis for the separation and to submit a written statement for consideration by Separation Authority. Applicant also elected to General Cour t-Martial Convening Authority review.

020617:  Applicant’s written statement submitted.

020705:  Commanding Officer, Recruit Training Command, recommended to Commander, Naval Training Center, Great Lakes, that the Applicant be discharged with an Entry Level Separation by reason of Defective Enlistment and induction due to erroneous enlistment as evidenced by a personality disorder. Commanding Officer’s comments: “ As evidenced by the listed enclosures, an erroneous enlistment has occurred. I recommend separation from naval service with an Entry Level Separation. Reentry Code: Not Eligible (RE-4) . ”

020708:  Counseling entry: Applicant not eligible for reenlistment due to psychological reasons.
020710 :  Commander, Naval Training Center, Great Lakes , authorized the Applicant ’s discharge with an Entry Level Separation by reason of erroneous entry (other ) .


PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20020715 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 requested an upgrade with the contention that the “reviewing Officer did not truly understand [his] state of mind at that time.” On 20020605, the Applicant was evaluated by competent medical authority and was diagnosed with a personality disorder. At that time, it was determined that his condition was not amenable to treatment in the military setting; and if allowed to stay, he will pose significant risk for harming himself or others. On 20020613, the command notified the Applicant of intent to recommend separation by reason of defective enlistment and induction due to erroneous enlistment as evidenced by a personality disorder. 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 3 months in the military to warrant a higher characterization. No relief is granted.

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 informs th e Board that he was young and did not fully understand what was going on around him. The NDRB 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 NDRB 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 these issues do 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), Change 33, effective 13 Jun 01 until 21 Aug 02, 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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