Search Decisions

Decision Text

NAVY | DRB | 2006_Navy | ND0600984
Original file (ND0600984.rtf) Auto-classification: Denied

ex-SA, USN
ND06-00984

 Current Discharge and Applicant’s Request :

Application Received:                               20 060614
Narrative Reason for Separation:                          
Character of Service:                               
Discharge Authority :                                NMPM 1910-130
Last Duty Assignment/ Command at Discharge:       RTC GREAT LAKES IL

Applicant’s Request:
          Narrative Reason change to:               GENERAL OR UNDER HONORABLE CONDITIONS
         Characterization chang e to:               
         Review Requested :                           The Applicant requested a personal appearance hearing, but failed to respond to the Naval Discharge Review Board scheduling notice. Therefore, the Applicant’s request was converted to a documentary review.
Representation:                                             


Decision:

Date of Decision:                                             20 070523
Regarding p ropriety , the Board found the discharge :      
Regarding e quity , the Board found the discharge :         
( or BCD only) The Board found that clemency was:       
Vot e (characterization/reason)                      /
Location of Board:                                  Washington D.C.
Complete Service Record:                                   
Complete Medical Record:                          
Discharge Package Complete:                       
The Discharge shall remain:                       
                                                     






Summary of Service :

Prior Service:
 Inactive: USNR (DEP)                                20030131-20030921
Active:                                          NONE
Period of Service Under Review :
Date of Enlistment:                                 20030922
Years Contracted :                                   ;      
Date of Discharge:                                  20031030
Length of Service:                                  00 Yrs 01 Mos 09 Days Does not exclude lost time, if any.
Time Lost During This Period:                          
                                                      NONE     
                          
Education Level:                                   
Age at this Enlistment:                                    
AFQT:                                                 34
Highest Rate/Rank:                                   SA

Performance Evaluation Averages (number of marks):
 Performance /Behavior/OTA :                          NOT APPLICABLE
         Extracted from: Supporting Documents Other:      

Awards and Decorations (as listed on the DD Form 214):
NONE


Service Record Entries Related to Characterization of Service or Narrative Reason for Separation

20030131:        Waiver granted for “Chart C” offense.

 200310 20 :        Recruit Mental Health . Since arriving at RTC, SR has been frustrated with training because he has difficulty learning as quickly as others. He has problems with attention to detail. He has been reactively depressed and irritable, as a result, and he describes himself as “about to snap” into some sort of violent behavior.
         Diagnosis:
         AXIS I: Attention-Deficit/Hyperactivity Disorder, Combined Type, 314.01, EPTE Cyclothymic Disorder, 310.13, EPTE .
         AXIS II: No Diagnosis, V71.09 .
         NRAM-SAC: 191 (GEY)-PSYCH (PRE-SERV)
         Recommendation:
         1. Entry level separation due to disqualifying psychiatric condition affecting SR’s potential for performance of expected duties and responsibilities while on active duty.
         2. SR was encourage d to seek treatment for this condition upon separation. SR was educated regarding this condition and recommended for care following separation. SR is suitable to report to Separation Division .


Elements of Discharge: [ IN VOLUNTARY]

Discharge Process :                                 
Date Notified :                                        20031022
Narrative Reason(s):                               
Least Favorable Characterization:                         
Record Supports Narrative Reason :                         
Date Applicant R esponded to N otification:                 20031022
Rights E lected at N otification :
Consult with Counsel                      
Administrative Board                      
Obtain Copies                             
Submit Statement(s)                       
GCMCA Review                               
Board Date :                                          NOT APPL ICABLE
Finding of Administrative Board:                           NOT APPLICABLE
Recommendation of Commanding Officer (date):     NOT APPLICABLE      
Discharge directed by (date):                       COMMANDING OFFICER 20031027
Narrative reason directed :                                  
Characterization directed:                                 
Date Applicant Discharged:                         20031030



Additional Information Considered by Board

 Type of d ocumentation submitted by t he Applicant and considered by the Board
        Document Type                                        #Pages
 Related to Period of Service:
          Service/Medical Record :                              4
         Other Period of Service:                                         
Related to Post-Service Period:
          Community Service :                                        
         Education :                                                
         Employment :                                          1
         Health /Medical :                                       2
         Character Statements:                               5
         Criminal Records Checks:                                         
         Additional Statements from Applicant:             3
Other Documentation      (Describe Below)                      

Total Number of Pages:                              15

D escription of Other Documentation:
     

For Personal Appearance Hearings only:
 Applicant Testified:
Applicant Available for Questions:
Witnesses:      
Observers:      


Discussion

P ropriety and Equity
 There is a presumption of regularity in the conduct of Government affairs. This presumption will be applied in any review unless there is substantial credible evidence to rebut the presumption , to include evidence submitted by the Applicant . A fter a thorough review of the available evidence , to include the Applicant’s Summary of Service, Service Record Entries , Med ical Record Entries, Elements of Discharge and evidence submitted by the Applicant, the Board found the Applicant’s discharge proper and equitable.

The Applicant requested an upgrade of the characterization of his service to General or Honorable. 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 his less than 2 months in the military to warrant a change of discharge to honorable.

Applicant’s Issues:
1. Equity – Misled doctors as to extent of disability to obtain discharge
2. Equity – Wants RE Code Change

Acceptance of Applicant’s Issues:
 The Board accepted Issue 1 for consideration.

Issue 1 (Equity)

The Applicant wants a change to his Narrative Reason for discharge because he was not an erroneous enlistment. He argues that although he did suffer from Attention Deficit Disorder, he misled his doctor as to the extent of his disability in order to obtain a discharge. The Applicant was diagnosed with "Attention Deficit Disorder and EPTE Cyclothymic Disorder” by competent medical authority at the Recruit Mental Health Clinic, Great Lakes, IL, and was recommended for entry level separation from the Navy due to disqualifying psychiatric condition. Thus, the Board finds that the Reason for Discharge reflects the Applicant's mental health status at the time of his discharge, and was proper and equitable at the time of issuance. "Erroneous Entry" is an accurate narrative description of the reason for the Applicant's discharge. Applicant’s contention s that it was not an accurate diagnosis and that he no longer suffers from the disorder do not provide a legitimate basis to revise official records that were accurate at the time of issuance. Relief denied.

Regarding the Applicant’s Issues 2 , t he Board determined that which can form the basis of relief for the Applicant or that the Board did not have the authority to grant the relief for which the Applicant petitioned. The Applicant is directed to the Addendum regarding th is Issue .


Pertinent Regulation/Law
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 II , Para 211, Regularity of Government Affairs , Part V, Para 502, Propriety and Para 503, Equity.

Similar Decisions

  • 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 | 2006_Navy | ND0601089

    Original file (ND0601089.rtf) Auto-classification: Denied

    After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Service Record Entries, Medical Record Entries, Elements of Discharge and evidence submitted by the Applicant, the Board found the Applicant’s discharge proper and equitable.. Summary of Service:Prior Service: Inactive: USNR (DEP) 19990426-19990607Active: NONE Period of Service Under Review: Date of Enlistment: 19990608Years Contracted:; Date of Discharge: 20020618 Length of Service: 03Yrs 00...

  • NAVY | DRB | 2005_Navy | ND0500623

    Original file (ND0500623.rtf) Auto-classification: Denied

    “Members of the Review Board: Overview: The purpose of this petition to the Board for Correction of Naval Records is to ask for consideration of an upgrade to my discharge from the U. S. Navy that occurred on June 11, 1997. Upon graduation from high school in May 1997, I completed my processing into the US. I authorize separation from the naval service with an Entry Level Separation.” PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on...

  • NAVY | DRB | 2002_Navy | ND02-00359

    Original file (ND02-00359.rtf) Auto-classification: Denied

    ND02-00359 Applicant’s Request The application for discharge review, received 020204, requested that the characterization of service on the discharge be changed to general/under honorable conditions. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of DD Form 214 (2 copies) PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USNR...

  • NAVY | DRB | 2006_Navy | ND0601020

    Original file (ND0601020.rtf) Auto-classification: Denied

    ex-AR, USNND06-01020Current Discharge and Applicant’s Request: Application Received: 20060725Narrative Reason for Separation: Character of Service:Discharge Authority: MILPERSMAN3620280Last Duty Assignment/Command at Discharge: RTC GREAT LAKES ILApplicant’s Request:Narrative Reason change to:Characterization change to:Review Requested:Representation: Decision: Date of Decision:20 The Discharge shall change : Regarding propriety, the Board found the discharge:Regarding equity, the Board found...

  • NAVY | DRB | 2006_Navy | ND0601059

    Original file (ND0601059.rtf) Auto-classification: Denied

    Elements of Discharge: [INVOLUNTARY] Discharge Process: Date Notified:19991117Reason for Discharge Least Favorable Characterization: Record Supports Narrative Reason: Date Applicant Responded to Notification: 19991117Rights Elected at Notification:Consult with Counsel Administrative Board Obtain Copies Submit Statement(s) (date)GCMCA Review Administrative Board Date: NOT APPLICABLERecommendation of Commanding Officer (date): NOT APPLICABLE Discharge directed by (date):COMMANDING OFFICER...

  • NAVY | DRB | 2007_Navy | ND0700024

    Original file (ND0700024.rtf) Auto-classification: Denied

    ex-SR, USNND07-00024Current Discharge and Applicant’s Request: Application Received: 20061012Characterization of Service: Reason for Discharge: PERSONALITY DISORDERDischarge Authority: MILPERSMAN36202200Duty Assignment/Command at Discharge: RTC GLAKES, ILApplicant’s Request: Characterization change to: Narrative Reason change to: Other-Convenience of gov’t or Erroneous Enlistment Review Requested: Representation:Issues (as summarized by NDRB): 1: Equity – Post-service 2.Propriety/Equity –...

  • NAVY | DRB | 2000_Navy | ND00-00156

    Original file (ND00-00156.rtf) Auto-classification: Denied

    My service record will reflect much involvement within my unit. 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), but that the DD214 incorrectly listed the reason for discharge as Personality Disorder.The applicant states in issue 1 that his “ The applicant was properly and equitably discharged for erroneous enlistment based on the fact that he would not have...

  • NAVY | DRB | 2007_Navy | ND0700080

    Original file (ND0700080.rtf) Auto-classification: Denied

    Recommendations: Administrative separation for the sleepwalking condition. ]19990916: Commanding Officer, Naval Hospital Corps School informed Commander NavyPersonnel Command of the Applicant’s discharge by reason of alcohol abuse rehabilitation failure and convenience of the government –physical or mental conditions with a service characterization of entry level separation. Elements of Discharge: [INVOLUNTARY] Date Notified:NOT FOUND IN RECORDReason for Discharge Least Favorable...

  • NAVY | DRB | 2008_Navy | ND0801919

    Original file (ND0801919.rtf) Auto-classification: Denied

    After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found ADDENDUM: Information for the Applicant Complaint Procedures : 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...