Search Decisions

Decision Text

NAVY | DRB | 2008_Navy | ND0801144
Original file (ND0801144.rtf) Auto-classification: Denied

ex-AR, USN
Current Discharge and Applicant’s Request
Application Received: 20080429
Characterization of Service Received:
Narrative Reason for Discharge: ERRONEOUS ENLISTMENT (OTHER)
Authority for Discharge: MILPERSMAN

Applicant’s Request: Characterization change to:
                  Narrative Reason change to:

Summary of Service

Prior Service:
Inactive: US N R (DEP) 20010430 - 20010711                 Active:

Period of Service Under Review:
Date of Enlistment: 20010712      Period of E nlistment : Years 12 Months E xtension         Date of Discharge: 20010906
Length of Service : Yrs Mths 27 D ys      Education Level:         Age at Enlistment: AFQT: NFIR Highest Rank /Rate : AR       Evaluation M arks: Performance: NFIR       Behavior: NFIR    OTA: NFIR
Awards and Decorations ( per DD 214): NONE

NJPs :    

S CMs :   

SPCMs:  

C C :      

Retention Warnings: .

Types of Documents Submitted/reviewed

 Related to Military Service:      DD 214:          Service and/or Medical Record:            Other Records:
Related to Post-Service Period:  
         Employment:                        Finances:                          Education /Training :     
         Health/Medical Records:           Substance Abuse:                           Criminal Records:       
         Family/Personal Status:           Community Service:                References:              
Additional Statements From Applicant:             From Representat ion :              From Member of Congress:
Other Documentation (Describe) :


Pertinent Regulation/Law

 A. The Naval Military Personnel Manual, (NAVPERS 15560C), Change 33, effective 13 June 2001 until
21 August 2002, 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 .


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
DISCHARGE REVIEW DECISIONAL DOCUMENT

Applicant’s Issues

 1. Reenlistment opportunity .
2. Erroneously discharged for being under 17 years of age.

Decision

Date: 2008091 5             Location: Washington D.C .        R epresentation :

By a vote of the Characterization shall .
 By a vote of the Narrative Reason shall ERRONEOUS ENTRY (OTHER) .
Discussion

 : 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 , specifically the paragraph concerning s , regarding .

: ( ) . The Applicant contends he was e rroneously discharged for being under the age of seventeen at the time of enlistment. In reviewing discharges, the Board presumes regularity in the conduct of Government affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant. The record of evidence does not support the Applicant’s contention that he was discharged for being under the age of seventeen . Examination of his service record shows the basis for the Applicant’s discharge was “erroneous enlistment as evidenced by an oppositional defiant disorder ” as stated in the Administrative Separation Processing Notification , signed by the Applicant on 29 Aug ust 2001. For the edification of the Applicant, the narrative reason for his discharge, “Erroneous Enlistment (Other),” is warranted in cases where the enlistment would not have occurred if relevant facts had been known . The Applicant was diagnosed with oppositional defiant disorder by a clinical psychologist on 27 Aug ust 2001, with notes stating the disorder predates his entry into the Navy. The recommendation from the clinical psychologist was the Applicant should be processed with an entry level separation due to a disqualifying psychiatric condition affecting his potential for performance of expected duties and responsibilities while on active duty. He was educated regarding this condition and encouraged to seek treatment following his separation. The Board determined a change to the narrative reason for discharge would be inappropriate.
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 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 or is referred to a court martial 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 other medical related reasons. 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 special 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. The NDRB does not have the jurisdictional authority to review a discharge or dismissal resulting from a general court-martial.

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

Similar Decisions

  • 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...

  • NAVY | DRB | 2008_Navy | ND0801254

    Original file (ND0801254.rtf) Auto-classification: Denied

    The mental health professional recommended an entry level separation due to a disqualifying psychiatric condition.For the Applicant’s edification, separations initiated while a member is in an entry level status – that is, within the first 180 days of continuous active duty, will be described as and “Entry Level Separation.” The Board determined a change to the narrative reason for discharge would be inappropriate.The Applicant should be aware that, with respect to non-service-related...

  • NAVY | DRB | 2002_Navy | ND02-00758

    Original file (ND02-00758.rtf) Auto-classification: Denied

    ND02-00758 Applicant’s Request The application for discharge review, received 020506, requested that the reason for the discharge be changed to Best Interest of Service (Secretarial Authority) and that a recommendation be made to the Board for Correction of Naval Records (BCNR) to change the reenlistment code to RE-1. 000811: Commanding Officer, RTC Great Lakes, directed Applicant's discharge with an uncharacterized service (entry level separation) by reason of defective enlistment and...

  • NAVY | DRB | 2006_Navy | ND0600459

    Original file (ND0600459.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). ” PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 20030604 by reason of defective enlistment and induction due to erroneous enlistment (A) with a service characterization of uncharacterized. The Applicant's service record did not contain any unusual circumstances during his less than...

  • NAVY | DRB | 2003_Navy | ND03-01070

    Original file (ND03-01070.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable and a R-1-Rentry level. 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): Inactive: USNR (DEP) 020718 - 020804 COG Active: USN None Period of Service Under Review :Date of Enlistment: 020805 Date of...

  • NAVY | DRB | 2005_Navy | ND0500544

    Original file (ND0500544.rtf) Auto-classification: Denied

    Recommendation: Entry level separation due to disqualifying psychiatric condition affecting Applicant’s potential for performance of expected duties and responsibilities while on active duty.030515: Applicant notified of intended recommendation for separation by reason of defective enlistment and induction due to erroneous enlistment as evidenced by oppositional defiant disorder and a passive-aggressive personality disorder. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW...

  • NAVY | DRB | 2005_Navy | ND0500806

    Original file (ND0500806.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. The Applicant's service record did not contain any unusual circumstances during his 25 days in the military to warrant a change of discharge to honorable. 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...

  • NAVY | DRB | 2015_Navy | ND1500285

    Original file (ND1500285.rtf) Auto-classification: Denied

    Based on the the discovery of several disqualifying mental health conditions in his pre-enlistment medical record, none of which were disclosed during the enlistment process, command administratively processed for separation. Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries, and discharge process, the Board found Therefore, the awarded characterization of service shall remain UNCHARACTERIZED (ENTRY LEVEL SEPARATION)...

  • NAVY | DRB | 2012_Navy | ND1201072

    Original file (ND1201072.rtf) Auto-classification: Denied

    ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years of the Applicant’s date of discharge. Regulations limit the NDRB’s review to a determination of the propriety and equity of the discharge. Additionally, the NDRB does not have the authority to change a narrative reason for separation to one indicating a medical disability or other medical related reasons.

  • NAVY | DRB | 2011_Navy | ND1100932

    Original file (ND1100932.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.The Applicant seeks a change in her RE code to re-enlist in the Armed Forces.2. Relief denied.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries, and discharge process, the Board found Therefore, the awarded characterization of service shall and the narrative reason for separation shall .The Applicant...