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NAVY | DRB | 2006_Navy | ND0600317
Original file (ND0600317.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. ND06-00317

Applicant’s Request
The application for discharge review was received on 20051212 . 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 20061109 . After a thorough review of the available records, supporting documents, facts, and ci rcumstances unique to this case, an impropriety in the reason for separation was discovered by the NDRB. The Board’s vote was 4-1 that the reason for discharge shall change to: UNCHARACTERIZED / SECRETARIAL AUTHORITY, authority: MILPERSMAN 1910-164, Separation Code “JFF. ”



PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated
Applicant’s issue s, as stated on the application :
“ The reason for my discharge was wrong. I did not summit false information. I did answer NO on the DD Form 2807 because I did not believe that visits (only 2) to see a counselor because a friend committed suicide would be considered professional treatment counseling. I then decided I should tell the doctor at MEPS because he could give me advice about reporting it. He told me to change my answer to yes. I did. I was then sent home until I could provide a letter from my counselor and any other information to my recruiter.

At the time when I waived my rights to counsel I did not know that I was being discharged for fraudulent entry. I did not understand what was happening.

Please change my Discharge from A RE-4 to RE-1. I want to serve my country. I want to enter the Coast Guard, but I can not with this on my record .”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Form 2807-1, Report of Medical History, dtd March 23, 2004 (4 pages)
Ltr from L_ S_, M. S. L.P.E., C_ A_ Incorporated, dtd March 23, 2004
Applicant’s DD Form 214 (Member 4) (2 copies) & (Member 1)
Ltr form Commanding Officer, Recruit Training Command dtd May 25, 2005 (2 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     20040325 - 20050206       COG
         Active: None

Period of Service Under Review :
Date of Enlistment: 20050207              Date of Discharge: 20050322

Length of Service (years, months, days):

          Active: 00 0 1 16
         Inactive: None

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

Age at Entry: 18

Years Contracted: 4

Education Level: 1 1                                  AFQT: 49

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 / FRAUDULENT ENTRY INTO MILITARY SERVICE, authority: MILPERSMAN, Article 1910-134 (formerly 3630100).
Chronological Listing of Significant Service Events :

040323:  Question 17e , DD Form 2807-1 : “ Have you ever or are you now receiving counseling of any type?” The form shows that the form was corrected to read “Yes” on 20040323 by the Applicant. The examiner’s summary and elaboration section, Block 30a, comments, reads: “Had friend who committed suicide. Received grief counseling x 2 sessions. No medication given. ”

050311:  Administrative Remarks : Applicant informed she was not eligible for reenlistment due to “Medical.”

050322:  DD Form 2 14: Applicant discharged with a characterization of service as uncharacterized by reason of fraudulent entry into the military service, separation code JDA.

050525:  Letter from Commanding Officer, Recruit Training Command: “On March 16, 2005, you were notified that you were being processed for administrative separation, to include Convenience of the Government – Physical or Mental Conditions and Defective Enlistments and Inductions – Fraudulent Entry into Naval Service. I understand your concern with The Fraudulent Entry, which we believed occurred when you signed the DD Form 2807-1 (Encl 1), failing to disclose your prior psychiatric treatment. After reviewing your letter, we understand that the documentation we had available to us was incomplete and we should not have processed you for Fraudulent Entry. However, while assigned to RTC, competent medical personnel diagnosed you with Adjustment Disorder with Depressed Mood. During your separation interview, prior to your separation, you were notified of your rights. Among those rights, was the right to consult with qualified counsel and to submit a statement explaining your situation to me. At that time your waived these rights and were subsequently discharged from the naval service. ” [Document provided by Applicant.]

Service Record did not contain the Administrative Discharge package.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20050322 by reason of defective enlistment and induction due to fraudulent entry (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 equitable but not proper (B and C).

The Applicant was notified of her Commanding Officer’ s intent to process the Applicant for administrative separation due to convenience of the Government, condition, not a disability, and defective enlistment due to fraudulent entry. The Board found that the evidence of record does not demonstrate that the Applicant met the criteria for discharge based on defective enlistment due to fraudulent entry or condition, not a disability. Therefore, the Board voted to change the Applicant’s narrative reason for separation to “ Secretarial Authority. ” Partial r elief granted.

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 her less than two months in the military to warrant a change of discharge to honorable. Relief of the Applicant’s character of service is not warranted.

The Applicant requests a change in her “RE” code to facilitate reenlistment. 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. 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 2 May 2005, Article 1910-134 (previously 3630100), Separation by Reason of Defective Enlistments and Inductions - Fraudulent Entry Into the Naval Service.

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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