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NAVY | DRB | 2006_Navy | ND0600827
Original file (ND0600827.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. ND06-00827

Applicant’s Request
The application for discharge review was received on 20060526 . 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 20070322 . 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 fraudulent entry .



PART I - ISSUES AND DOCUMENTATION


Decisional Issues
PROPRIETY – Applicant denied legal counsel.
PROPRIETY – Applicant never received an official diagnosis prior to active duty.
EQUITY – Applicant disclosed medical history to recruiters.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Member 1)
Applicant’s DD Form 214 (Member 4)
Excerpts from Service Record (4 pgs)
 Excerpt from Medical Record ( 7 pgs)
 Civilian Medical Documents ( 9 pgs)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     20040803 - 20050620       COG
          Active: None

Period of Service Under Review :
Date of Enlistment: 20050621              Date of Discharge: 20050727

Length of Service (years, months, days):

          Active: 00 0 1 0 7
         Inactive: None

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

Age at Entry: 1 8

Years Contracted: 4 ( 12 -month extension)

Education Level: 12                                 AFQT: 72

Highest Rate: S R

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 pplicable


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 :

050718 :  Medical evaluation by USS TRANSQUILLITY Medical Clinic, Naval Hospital, Great Lakes, IL .
          1. ELMS for EPTE Condition
         2. Diagnosis: Knee Pain Chronic .
         This condition is not co rrectable to meet Navy standard and the Applicant did not desire to request a waiver for the condition. The Applicant signed a statement indicating that the conditions was not revealed at her entrance exam and that she was treated by a physician prior to enlistment. [Document provided by Applicant.]

0 50720 :  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as general (under honorable conditions) by reason of Defective Enlistments and Inductions-Erroneous Enlistment and Defective Enlistments and Inductions-Fraudulent Entry into Naval Service.

050720 :  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 .
050722 :  Commanding Officer directed the Applicant's uncharacterized discharge by reason of D efective E nlistments and I nductions- F raudulent E ntry into N aval S ervice . Commanding Officer’s comments : “An erroneous and fraudulent enlistment has occurred. SR W_ failed to disclose previous medical treatment for this condition prior to entry into the naval service. Additionally, SR W_’s medical condition is not correctable to meet Navy standards. ”

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20050727 by reason of defective enlistment and induction due to fraudulent entry (A) with a service characterization of uncharacterized. After a thorough review of the records, supporting documents, facts, and circumstances uniq ue to this case, the Board found that the discharge was proper and equitable (B and C).

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.

The Applicant implies that her discharge is improper because she was not afforded legal counsel and because, to her knowledge, she had never had been “ officially diagnosed ” with a specific injury or condition. The Applicant also implies that her discharge is inequitable because she divulged her medical history to her recruiters and only “reluctantly… agreed to the deception.” The Board found that the documentation and statements provided demonstrate that the Applicant deliberately misrepresented her medical condition during the enlistment process. No other narrative reason for separation more clearly describes the circumstances surrounding the Applicant’s processing for administrative separation. The evidence of record did not show that the Applicant should not be held accountable for her actions. Relief denied.

The following is provided for the edification of the Applicant. The Veterans Administration determines eligibility for post-service benefits, not the Naval Discharge Review Board. There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits and this issue does not serve to provide a foundation upon which the Board can grant relief. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Regulations limit the Board’s review to a determination of the propriety and equity of the 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. 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 11, effective
3 May 2005 until Present, Article 1910-134, 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 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

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