Search Decisions

Decision Text

NAVY | DRB | 2006_Navy | ND0600652
Original file (ND0600652.rtf) Auto-classification: Denied


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

ex-SN, USN
Docket No. ND06-00652

Applicant’s Request
The application for discharge review was received on 20060410 . 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 designated Disabled American Veterans as the representative on the DD Form 293.
Decision

A documentary discharge review was conducted in Washington, D.C. on 20070201 . 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 claims he had no history of seizure disorder before enlisting.

Applicant is requesting his characterization of service be changed to general based on equitable relief.

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Member 4)
Medical Note from Orland Family Care, dtd August 23, 2006
 Letter from D_ L. C_, D.O., dtd February 3, 2006
Letter from A_ B_, M.D. Adult Neurology, dtd February 2, 2006

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     20020610 - 20021007       COG
          Active: None
Period of Service Under Review :
Date of Enlistment: 20021008              Date of Discharge: 20030127

Length of Service (years, months, days):

          Active: 00 0 3 2 0
         Inactive: None

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

Age at Entry: 1 7 (Parental Consent)

Years Contracted: 4

Education Level: 12                                 AFQT: 31

Highest Rate: SN

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


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 :

0 21203 :  Medical evaluation by N. A_, M.D. CDR MC USN, Division of Neurology, Naval Hospital Great Lakes, Great Lakes, IL:
 Applicant awoke at 2400 approx a week ago to go on watch and recalls awakening feeling tired, leaned against his rack and next recall awakening on deck with local shipmates and EMT’s around him. Reportedly had some generalized shaking for a brief period and then pt limp unresponsive for quite a few minutes.
Impression: He has epilepsy and will need to be separated from service.

021204:  Medical evaluation by Branch Medical Clinic 1017, RTC, Great Lakes, IL:
         ELMS for EPTE condition.
         Diagnosis: Seizure Disorder/Abnormal EEG.
 This condition is not correctable to meet Navy standard. The patient did not have a waiver to come into service w/. Patient instructed to follow up with known civilian provider.
030108 :  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 seizure disorder.

030108 :  Applicant advised of rights and having elected not to consult with counsel , elected to waive all rights except the right to submit a written statement for consideration by Separation Authority and the right to obtain copies of the documents used to support the basis for the separation and the right to General Court-Martial Convening Authority (GCMCA) review .
030123 :  Commanding Officer, Recruit Training Command recommended discharge with an entry level separation by reason of defective enlistment and induction due to erroneous enlistment as evidenced by a seizure disorder.



PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20030127 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 introduced no decisional issues for consideration by the Board. The Applicant claims he had no history of seizure disorder before enlisting and his characterization of service should be changed to general based on equitable relief. 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 a different 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 4 months in the military to warrant a change of discharge to general. Relief denied.

For the edification of the Applicant, 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 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), re-issued October 2002, effective 22 Aug 02 until Present, 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 Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction . You should read Enclosure (5) of the Instruction 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 Instruction 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

Similar Decisions

  • NAVY | DRB | 2005_Navy | ND0500837

    Original file (ND0500837.rtf) Auto-classification: Denied

    010208: Applicant notified of intended recommendation for discharge with the least favorable characterization of service general (under honorable conditions) by reason of defective enlistment and induction due erroneous enlistment as evidenced by seizure disorder.010208: Applicant advised of rights and having elected not to consult with qualified counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the...

  • NAVY | DRB | 2000_Navy | ND00-00386

    Original file (ND00-00386.rtf) Auto-classification: Denied

    ND00-00386 Applicant’s Request The application for discharge review, received 000203, requested that the characterization of service on the discharge be changed to general/under honorable conditions and remove the reason for the discharge. Characterization of service as General is not warranted as the applicant’s active service was only 16 days. The applicant was properly processed for discharge as erroneous enlistment, however, an administrative error on the DD214 states “personality...

  • NAVY | DRB | 1999_Navy | ND99-00040

    Original file (ND99-00040.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of DD Form 214 Page 7 of Questionnaire for national Security Positions PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USNR (DEP) 960919 - 960924 COG Period of Service Under Review :Date of Enlistment: 960925 Date of Discharge: 970616 Length of Service (years, months, days):Active: 00 08...

  • NAVY | DRB | 2003_Navy | ND03-00656

    Original file (ND03-00656.rtf) Auto-classification: Denied

    The doctor continued to interrogate me while under these psych meds. Highest global assessment of functioning in the past year is unknown.020730: Applicant notified of intended recommendation for discharge with an uncharacterized service by reason of defective enlistment and induction due to erroneous enlistment as evidenced by psychotic disorder. The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the...

  • NAVY | DRB | 1999_Navy | ND99-00066

    Original file (ND99-00066.rtf) Auto-classification: Denied

    code on my discharge papers changed to an R.E.-3 so that I may go back in Please consider me for re-enlistment into the U.S. Navy by changing the R.E. 971217: Branch Medical Clinic, Great Lakes evaluation (podiatry): Diagnosis - Pes Planus with symptoms, entry level medical separation for EPTE condition. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge and the reason for discharge was proper and...

  • NAVY | DRB | 2000_Navy | ND00-00420

    Original file (ND00-00420.rtf) Auto-classification: Denied

    ND00-00420 Applicant’s Request The application for discharge review, received 000215, requested that the characterization of service on the discharge be changed to general/under honorable conditions and the reason for the discharge be changed. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 980929 with an Uncharacterized service (entry level separation) by reason of defective enlistment and induction due to erroneous enlistment (A). ...

  • NAVY | DRB | 2004_Navy | ND04-00518

    Original file (ND04-00518.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions and the reason for the discharge be changed to general. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 19970115 with an entry level separation (uncharacterized) for defective enlistment and induction due to erroneous enlistment (A). Concerning a change in reenlistment code, the NDRB has no...

  • NAVY | DRB | 2005_Navy | ND0501551

    Original file (ND0501551.rtf) Auto-classification: Denied

    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...

  • NAVY | DRB | 2002_Navy | ND02-00388

    Original file (ND02-00388.rtf) Auto-classification: Denied

    Since the date of his discharge, Fireman (Applicant) has attempted to obtain copies of his medical records from the Navy and the Great Lakes Training Center in order to present with this Petition. I respectfully submit that this sailor should not suffer the lifelong consequences and stigma of a bar to reenlistment due to being overly medicated by non-physician personnel within the Navy who failed to check the drug interaction consequences of the significant doses of antihistamines,...

  • NAVY | DRB | 2006_Navy | ND0600316

    Original file (ND0600316.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions). 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.020617: Applicant advised of rights and having consulted with...