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NAVY | DRB | 2007_Navy | ND0700219
Original file (ND0700219.rtf) Auto-classification: Denied
ex-SR, USN
ND07-00219
Current Discharge and Applicant’s Request
Application Received: 20061211   Characterization Received: ENTRY LEVEL SEPARATION
Narrative Reason: ERRONEOUS ENLISTMENT Authority: MILPERSMAN 1910-130

 Applicant’s Request:      Characterization change to:
                           Narrative Reason change to:
Applicant’s Issues:       1. Reenlistment
                           2. Enlistment was not erroneous and wanted to receive treatment to be allowed to continue to serve.


Decision

 By a vote of the Characterization shall UNCHARACTERIZED .      
By a vote of the Narrative Reason shall ERRONEOUS ENTRY (OTHER) .
Date: 20 070920            Location: Washington D.C.


Discussion

 Issue 1: either which the Board cannot form the basis of relief for the Applicant, or the Board does not have the authority to grant the relief for which the Applicant petitioned. The Applicant is directed to the Addendum regarding .

For the information of the Applicant, the Board did note a discrepancy in the record. The Applicant was notified of discharge by reason of convenience of the government due to a personality disorder and discharged with a narrative reason of defective enlistment and induction due to erroneous enlistment . The Board determined that this was merely an administrative error and did not result in prejudice to the Applicant. The processing and the uncharacterized characterization of service were proper .

Issue 2 ( ) : The NDRB under its responsibility to examine the propriety and equ ity of an Applicant’s discharge is authorized to change the character ization of service and/or the reason for discharge if such cha nge is warranted. In the Applicant’s case the separation process was in compliance with the Naval Military Personnel Manual Article 1910-1 30 for s eparation by r eason of defective enlistments and inductions - erroneous enlistment. The Applicant was diagnosed by competent medical authority with a long standing personality disorder of such severity to render the Applicant unsuitable for continued naval service as a result of his fear of large bodies of water and heights . MILPERSMAN 1910-1 30 dictates that when the enlistment would not have occurred if relevant facts had been known by Navy Department or had appropriate directives been followed the servicemember may by discharged by reason of defective enlistment and induction – erroneous enlistment. When this is the case block 28 of the DD-214 shall read, “ erroneous enlistment - other ” and block 26 Separation Code shall contain “JF C ” indicating that the discharge was involuntary with no administrative discharge board entitlement. Since no other Narrative Reason for Separation could more clearly describe why the Applicant was discharged, a change would be i nappropriate.
For the information of the Applicant, 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 five months of service to the U. S. Navy to warrant a change of his characterization of service to honorable.

The Applicant should also 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.


Summary of Service

Prior Service:
 Inactive: US N R (DEP)      20040429 - 20040526              Active:
Period of Service Under Review:
 Date of Enlistment: 20040527               Years Contracted :        Date of Discharge: 20041118
Length of Service : 00 Yrs 05 Mths 22 D ys                   Lost Time :
Education Level:         Age at Enlistment:       AFQT: 43          Highest Rank /Rate : SR
Evaluation marks (# of occasions):       Performance: N/A          Behavior: N/A              OTA: N/A
Awards and Decorations ( per DD 214): NATIONAL DEFENSE SERVICE MEDAL


Medical/Service Record Entries Related to Characterization of Service or Basis for Discharge

 20040805 :        CO's NJP - Viol UCMJ Art. 92 – Failure to obey a regulation ( gambling ) .
         Awarded - FOP - $552.00 for 1 month; Restr for 30 days.

20040805:        Retention Warnin g for CO’s NJP .
20041025 :        Medical Record: Reason for visit: Continued to complain of fear of water and heights
          Diagnosis: Specific phobia, enviornmental type , existed prior to service.
         Recommendation: Administrative separation.

20041026:        Medical Record: Reason for visit: Complaints of depression and wanting out of the Navy.
         Diagnosis: Dysthymic disorder, history of major depressive disorder, single episode, resolved. Personality disorder, not otherwise specified with avoidant and narcissistic traits. Severity of psychosocial stressors is minimal.
         Recommendation: Entry level separation due to his personality disorder.

Discharge Process

 Date Notified:                                       20041103
Reason for Discharge:     -
Least Favorable Characterization:       

Date Applicant Responded to Notification:                  20041103
Rights Elected at Notification:
         Consult with Counsel                      
         Obtain Copies of Documents               
         Submit Statement(s) (date)                        
         Administrative Board                       
         GCMCA review                               

Separation Authority (date):     COMMANDING OFFICER, TRAINING SUPPORT CENTER, GREAT LAKES ( 20041105 )
 Reason for discharge directed:  - ERRONEOUS ENLISTMENT
Characterization directed:     
Date Applicant Discharged:       20041118


Types of Documents Submitted by Applicant and Considered By Board

 Related to Military Service:      Service and/or Medical Record:            Other Records:

Related to Post-Service Period:         
         Employment:                        Finances:                          Education:               
         Health/Medical Records:                   Substance Abuse:                           Criminal Records:       
         Family/Personal Status:                   Community Service:                References:              
        
Additional Statements From Applicant:    From Representative:
Other Documentation (Describe)      

Pertinent Regulation/Law

 A. The Naval Military Personnel Manual, (NAVPERS 15560C), re-issued October 2002, effective 22 August 2002 until
19 June 2005, Article 1910-130, 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 .

C . The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article 92 .


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 Enclosure (5) of that Instruction to the Joint Service Review Activity , OUSD (P&R) PI-LP , The Pentagon , Washington, DC 20301-4000 . 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 . ”

Additional Reviews : Subsequent to a document review, former members are eligible for a personal appearance hearing, provi ded the 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. If a former member has been discharged for more than 15 years , has already been grante d a personal appearance hearing or has otherwise exhausted his opportunities before the NDRB, the Applicant may petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100 for further review.

 Service Benefits: 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.
Employmen t / Educational Opportunities : 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.

Reenlistment/RE-code: Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, the NDRB is not authorized to change a reenlistment code. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities. 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.
Medical Conditions and Misconduct : DoD disability regulations do not preclude a disciplinary separation. Appropriate regulations stipulate that separations for misconduct take precedence over potential separations for other reasons. Whenever a member is being processed through the Physical Evaluation Board, and subsequently is processed for an administrative involuntary separation for misconduct, the disability evaluation is suspended. The Physical Evaluation Board case remains in suspense pending the outcome of the non-disability proceedings. If the action includes either a punitive or administrative discharge for misconduct, the medical board report is filed in the member’s terminated health record. Additionally, the NDRB does not have the authority to change a narrative reason for separation to one indicating a medical disability or “PTSD . ” Only the Board for Correction of Naval Records can grant this type of narrative reason change.

Automatic Upgrades - There is no law or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving Naval service. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review. Examples of documentation that may be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, credible evidence of a substance free lifestyle and certification of non-involvement with civil authorities.

Issues Concerning Bad-Conduct Discharges (BCD ) – Because relevant and material facts stated in a court-martial specification are presumed by the NDRB to be established facts, issues relating to the Applicant’s innocence of charges for which he was found guilty cannot form a basis for relief. With respect to a discharge adjudged by a court-martial, the action of the NDRB is restricted to upgrades based on clemency. Clemency is an act of leniency that reduces the severity of the punishment imposed.

Board Membership: 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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