Search Decisions

Decision Text

NAVY | DRB | 2009_Navy | ND0900408
Original file (ND0900408.rtf) Auto-classification: Denied

ex-AA, USN
Current Discharge and Applicant’s Request
Application Received: 20081210
Characterization of Service Received:
Narrative Reason for Discharge: ERRONEOUS ENTRY (OTHER)
Authority for Discharge: MILPERSMAN 1910-130 ERRONEOUS ENTRY (OTHER)

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

Summary of Service

Prior Service:
Inactive: US N R (DEP)      20030814 - 20030925     Active:  

Period of Service Under Review:
Date of Enlistment: 20030926     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 20031007      Highest Rank/Rate: AA
Length of Service : Y ear ( s ) M onth ( s ) 12 D a y ( s )
Education Level:        AFQT: 62
Evaluation M arks:         Performance: NFIR         Behavior: NFIR   OTA: NFIR

Awards and Decorations ( per DD 214):      NONE

Periods of UA /C ONF :

20030929: Recruit Mental Health Diagnosis: Axis I : Attention-Deficit/Hyperactivity Disorder , Inattentive Type, 314.00 EPTE .
NJP : S CM : SPCM: C C : Retention Warning Counseling :

Types of Documents Submitted/reviewed

 Related to Military Service:     
DD 214:         Service/ 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 Congress m ember :

Oth er Documentation :

Pertinent Regulation/Law

 A. The Naval Military Personnel Manual, (NAVPERS 15560C), re-issued October 2002, effective 22 August 2002 until 25 January 2004, 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 o pportunities .
2. Youth and i mmaturity .

Decision

Date : 20 0 9 0320          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 , r egarding .

: ( ) . The Applicant contends his problems in the Navy can be attributed to mistake s he made due to youth and immaturity. 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 Applicant’s record of service show s he was seen by a licensed Clinical Psychologist at the Recruit Mental Health facility. During his evaluation, the Applicant stated he was diagnosed with Attention Deficit Disorder (ADD) at the age of 5, while in kindergarten. This condition resulted in the Applicant being seen by a psychiatrist on a monthly basis until May 2003 and he was prescribed Ritalin. A review of the Applicant’s pre-enlistment paperwork and medical examination s does not indicate he reveal ed these conditions to either his recruiter or during his enlistment physical; therefore , there is no way the Navy would have known about this condition prior to shipp ing the Applicant to boot camp. A member may be sepa rated on the basis of erroneous enlistment, reenlistment, induction, or extension of enlistment when the enlistment would not have occurred if relevant facts had been known by Department of the Navy (DON) or had appropriate directives been followed. Had the Navy been properly informed about the Applicant’s medical history associated with his ADD this would have prohibited his enlistment into the naval service. While he may feel his youth was the underlying cause of his misconduct, the record of evidence does not demonstrate the Applicant was not responsible for his misconduct or should not be held accountable for his actions due to youth or immaturity . Based on the diagnosis from the recruit Psychologist, the Board has determined the awarded discharge characterization and narrative reason were appropriate and an upgrade would be inappropriate.
For the edification of the Applicant, an “U ncharacterized ” description shall be used w hen a member is separat ed during an entry level status which is defined as the first 180 days of continuous active duty service unless separation for misconduct, fraudulent enlistment, or homosexual conduct is authorized and when characterization under other than honorable conditions is warranted.
 Additionally, w ith respect to non - service related administrative matters, i.e., Department of Veteran Affairs (DVA) benef its, civilian employment, etc., an uncharacterized separation shall be considered as the equivalent of an Honorable or General ( U nder Honorable C onditions) characterization.

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 or for any basis wherein an Other Than Honorable Discharge is authorized, 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 | 2009_Navy | ND0900057

    Original file (ND0900057.rtf) Auto-classification: Denied

    For the benefit of the Applicant, with respect to non-service-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.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...

  • 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 | 2015_Navy | ND1500700

    Original file (ND1500700.rtf) Auto-classification: Denied

    However, the Applicant’s DD Form 214 indicates he entered the United States Navy on 25 March 2008 at age 18, and was administratively discharged from the Navy during entry level training after 73 days on 5 June 2008 with Uncharacterized discharge for reason of Erroneous Entry. The NDRB did not have the Applicant’s administrative separation package to determine whether or not the Applicant waived rights to consult with a qualified counsel, submit a written statement, and request an...

  • NAVY | DRB | 2009_Navy | ND0900380

    Original file (ND0900380.rtf) Auto-classification: Denied

    Besides the Applicantsstatement on the DD Form 293, she provided a character reference, congressional correspondence and a recent psychiatric diagnosis of her current condition, stating there is no evidence of a diagnosis for personality disorder.The Board applauds the Applicant for her success in life now and wishes her the best in future endeavors.Although the Applicant has made great strides over-coming difficult situations and stressors in her life, the Board has determined that the...

  • NAVY | DRB | 2008_Navy | ND0801921

    Original file (ND0801921.rtf) Auto-classification: Denied

    For the edification of the Applicant, with respect to non-service related administrative matters,i.e., Department of Veteran Affairs (DVA) benefits, civilian employment, etc.,an uncharacterized separation shall be considered as the equivalent of anhonorable or general (under honorable conditions) characterization.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...

  • NAVY | DRB | 2011_Navy | ND1101796

    Original file (ND1101796.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 his RE-code in order to reenlist into the Armed Forces.2. Representation: By a vote of the Characterization shall .By a vote of the Narrative Reason shall .Discussion The NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the character of service and the reason for discharge if...

  • NAVY | DRB | 2013_Navy | ND1301245

    Original file (ND1301245.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.The Applicant wants to reenlist.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 remain .The Applicant remains eligible for a personal appearance...

  • NAVY | DRB | 2014_Navy | ND1401014

    Original file (ND1401014.rtf) Auto-classification: Denied

    Applicant’s Request:Characterization change to:Narrative Reason change to: Reentry Code change to: Summary of Service Prior Service: Inactive:USNR (DEP)20130405 - 20131015Active: Period of Service Under Review: Date of Current Enlistment: 20131016Age at Enlistment:Period of Enlistment: YearsExtensionDate of Discharge:20140402Highest Rank/Rate:FALength of Service:Year(s)Month(s) 18 Day(s)Education Level:AFQT: 60EvaluationMarks:Performance:NFIR Behavior:NFIROTA: NFIRAwards and Decorations (per...

  • NAVY | DRB | 2009_Navy | ND0901886

    Original file (ND0901886.rtf) Auto-classification: Denied

    Applicant’s Request:Characterization change to:Narrative Reason change to:REFLECT CORRECT REASON FOR DISCHARGE Summary of Service Prior Service: Inactive:NONEActive: Period of Service Under Review: Date of Current Enlistment: 20080623Age at Enlistment:Period of Enlistment: YearsExtensionDate of Discharge:20081029Highest Rank/Rate:SRLength of Service: Inactive: Year(s)02Month(s)17 Day(s)Active: Year(s)Month(s) 20 Day(s)Education Level:AFQT: 32EvaluationMarks:Performance:NFIRBehavior:NFIROTA:...

  • NAVY | DRB | 2009_Navy | ND0902623

    Original file (ND0902623.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.Applicant seeks an upgrade to reenlist in the military.2. When notified of administrative separation processing using the procedure, the Applicant had an opportunity to defend himself, but waived rights to consult with a qualified counsel, submit a written statement, and request an administrative board or a General Court-Martial Convening Authority review. ” Additional Reviews...