Search Decisions

Decision Text

NAVY | DRB | 2006_Navy | ND0600704
Original file (ND0600704.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. ND06-00704

Applicant ’s Request
The application for discharge review was received on 20060504 . The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions) and the Narrative Reason for Separation be changed to “ Entry-Level Separation . ” 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 20070222 . 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 by reason of defective enlistment and induction due to erroneous enlistment .

PART I - ISSUES AND DOCUMENTATION

Decisional Issues
         No decisional issues.
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant , was considered:
Applicant ’s fathers’ certificate of death, dated June 11, 1998
 Applicant ’s résum é
Applicant ’s marriage certificate, dated August 9, 2003 (2 pages)
 Applicant ’s DD Form 214 (Service 2)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19980410 - 19980517       COG
         Active: None
Period of Service Under Review :
Date of Enlistment: 19980518              Date of Discharge: 19980604

Length of Service (years, months, days):

          Active: 00 00 1 7
         Inactive: None

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

Age at Entry: 22

Years Contracted: 4 ( 12 -month extension)

 Education Level: 1 3                                  AFQT: 76

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 .


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

UNCHARACTERIZED /ERRONEOUS EN LISTMENT , authority: NAVMILPERSMAN, Article 1910-130 (formerly Article 3620280).

Chronological Listing of Significant Service Events :

980526:  Naval Hospital, Great Lakes, IL, E_ P_, MD: Applicant fine physically but mentally, he is not. His father is terminally ill with lung and liver cancer and he wants to be with him.
         Plan: Full duty. Consult after INP.
980529 :  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 depressive disorder.

980529 :  Applicant advised of rights and having elected not to consult with counsel with counsel, elected to waive all rights.
980601 :  Commanding Officer, Recruit Training Command, directed discharge with an entry level separation by reason of defective enlistment and induction due to erroneous enlistment as evidenced by a depressive disorder .


PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 19980604 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 Board presumed regularity in the conduct of governmental affairs (D).
By regulation, members notified of intended recommendation for discharge within the first 180 days of enlistment are eligible for an entry-level separation with a characterization of service as uncharacterized. 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 1 month 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 requests a Narrative Reason for Separation change to “Entry Level Separation.” Under its responsibility to examine the propriety and equity of the Applicant's discharge, the NDRB will change the reason for discharge if such a change is warranted. A member may be separated on the basis of erroneous enlistment when it would not have occurred if the relevant facts had been known by the Navy Department or had appropriate directives been followed . In the Applicant’s case, his enlistment would not have occurred if the Navy had known the extent of his father’s illness and followed appropriate directives. Since no other Narrative Reason for Separation could more clearly describe why the Applicant was discharged, changing it would be inappropriate. Relief denied.

The Applicant is advised that there is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits or enhancing employment and educational opportunities. Additionally, the Board has no jurisdiction over reenlistment, reentry, or reinstatement into any of the Armed Forces. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes. 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 of the propriety and equity of the discharge. Since these issues do not 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 18, effective 12 Dec 97 until 12 Jun 01, 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 .

 D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs .

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 | ND0500070

    Original file (ND0500070.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable and the reason for the discharge be changed to ‘reenlistment.’ The Applicant requests a documentary record discharge review. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 20040517 with an entry level separation (uncharacterized) characterization for defective enlistment and induction due to erroneous enlistment - drug...

  • NAVY | DRB | 2001_Navy | ND01-00324

    Original file (ND01-00324.rtf) Auto-classification: Denied

    PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 991230 with an Uncharacterized service for Defective enlistment and induction due to Erroneous enlistment (A). The Board determined, the medical exam was performed by competent medical authority and the applicant was diagnosed with dysthymic disorder. PART IV - INFORMATION FOR THE APPLICANT If you believe that the decision in your case is unclear, not responsive to the issues you...

  • NAVY | DRB | 2003_Navy | ND03-00920

    Original file (ND03-00920.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. I was 19 years old, perhaps I was not fully prepared for the life decision I had made for myself at that time that time. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 (Member 1 and 4) PART II - SUMMARY OF SERVICE Prior Service (component, dates...

  • NAVY | DRB | 2003_Navy | ND03-01069

    Original file (ND03-01069.rtf) Auto-classification: Denied

    By regulation, members discharged within the first 180 days of enlistment are given a service characterization of "Uncharacterized" unless there were unusual circumstances regarding performance or conduct, which would merit an "honorable" characterization. The Applicant was notified of the intended recommendation for discharge with an uncharacterized service by reason of defective enlistment and induction due to erroneous enlistment as evidenced by failure to disclose a pre-existing...

  • NAVY | DRB | 2002_Navy | ND02-00741

    Original file (ND02-00741.rtf) Auto-classification: Denied

    PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 970630 with an uncharacterized (entry level separation) for defective enlistment and induction due to erroneous enlistment - drug abuse (A). By regulation, service members discharged within the first 180 days of enlistment are given the characterization of service “Entry Level Separation.” The Separation Code “JFU,” Erroneous Entry – Drug Abuse, is authorized for use when the service...

  • NAVY | DRB | 2002_Navy | ND02-00679

    Original file (ND02-00679.rtf) Auto-classification: Denied

    ND02-00679 Applicant’s Request The application for discharge review, received 020415, requested that the characterization of service on the discharge be changed to honorable. (Equity Issue) This former member avers that his discharge is inequitable because the symptoms and diagnosis attributed to him by the Recruit Mental Health examining physician were symptoms related to the medications prescribed to him at the time, and not due to a personality disorder. The Applicant’s service record...

  • NAVY | DRB | 2004_Navy | ND04-01200

    Original file (ND04-01200.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. Block 28 states that I was separated from the Navy because of erroneous entry and drug abuse. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 20001109 with an entry level separation (uncharacterized) for defective enlistment and induction due to erroneous enlistment - drug abuse (A).

  • NAVY | DRB | 2000_Navy | ND00-00645

    Original file (ND00-00645.rtf) Auto-classification: Denied

    PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 990701 with an entry level separation (uncharacterized) due to erroneous enlistment - drug abuse(A). 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 (C and D).In response to the applicant’s issue, the Board found no reason to change the applicant’s discharge. ...

  • NAVY | DRB | 2002_Navy | ND02-00402

    Original file (ND02-00402.rtf) Auto-classification: Denied

    ND02-00402 Applicant’s Request The application for discharge review, received 020225, requested that the characterization of service on the discharge be changed to honorable. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:None PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USNR (DEP) 941220 - 950925 ELS Period of Service Under Review :Date...

  • NAVY | DRB | 1999_Navy | ND99-00075

    Original file (ND99-00075.rtf) Auto-classification: Denied

    Chronological Listing of Significant Service Events :970114: Medical evaluation at Recruit Evaluation Unit: Borderline personality disorder, EPTE.970117: 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 a personality disorder. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the...