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NAVY | DRB | 2009_Navy | ND0900785

Original file (ND0900785.rtf) Auto-classification: Denied

ex-FN, USN

Current Discharge and Applicant’s Request

Application Received: 20090220

Characterization of Service Received:

Narrative Reason for Discharge: ERRONEOUS ENTRY (OTHER)

Authority for Discharge: MILPERSMAN

Applicant’s Request: Characterization change to:
                  Narrative Reason change to: MEDICAL PHYSICAL AND MENTAL

Summary of Service
Prior Service:
Inactive:         NONE              Active:

Period of Service Under Review:
Date of Enlistment: 20070523     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 20071018      Highest Rank/Rate: FN
Length of Service : Y ear ( s ) M onth ( s ) 26 D a y ( s )
Education Level:        AFQT: 41
Evaluation M arks:         Performance: NFIR         Behavior: NFIR OTA: NFIR

Awards and Decorations ( per DD 214):      NDSM Pistol

Periods of UA /C ONF :

` 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 :
         - Board of Correction letter DLK:wma of 15 January 2009

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

Applicant’s Issues

1. The Department of V eterans A ffairs (VA) has refused to provide medical treatment and benefits.
2. Applicant be came ill due to the nature of type of [naval ] service required both mentally and physically.
3. Charact erization of service should be H onorable.

Decision

Date: 20 0 9 0528 Location: Washington D.C . R epresentation :

By a vote of the Characterization shall .
By a vote of the Narrative Reason shall SECRETARIAL AUTHORITY .

Discussion

: The Applicant is seeking a change in the characterization of service and narrative reason because the VA has denied her medical treatment and other benefits. 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 , for additional information regarding .

: ( ) . The Applicant is seeking a change in the narrative reason and contends she became ill due to the nature and type of service required of her. 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 NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the character of service and/or the reason for discharge if such change is warranted.

Pursuant to the Ap plicant’s medical record of 14 September 2007, she was evaluated at the N aval H ealth C linic, Great Lakes, Psychiatric Unit for complaints of feeling depressed since joining the Navy, crying regularly, having difficulty sleeping, poor appetite, etc. She reported no past psychiatric history (never hospitalized, counseled or medicated) and no history of suicide attempts. The Applicant was diagnosed as having an Adjustment Disorder with Depressed Mood and recommended for administrative separation. It was note d in this medical evaluation and in the Commanding Officer’s Administrative Separation letter of 10 October 2007 the Applicant’s condition did not exist prior to entry (DNEPTE) in to the service . In the course of reviewing the Applicant’s service record, medical record , administrative separation package, and the Applicant’s statement , the Board did find a procedural deficiency in the administrative separation processing in that the condition which resulted in her discharge was determined to have not existed prior to her enlist ment. Accordingly, the Board determined the enlistment was not defective or erroneous . The Board found by a unanimous vote the evidence of record does not support the Applicant’s administrative separation for defective enlistment - erroneous entry . Thus, the Applicant’s separation for this reason shall c hange to “Secretarial Authority . ” Therefore, r elief granted.

For the Applicant’s information, adjustment disorders do not constitute a physical disability and are not eligible, per se, for disability rating by Physical Evaluation Board action (per paragraph 3.i (4), ATT (b), enclosure (8) of SECNAVINST 1850.4E).

: ( ) . The Appl icant requested a change in the characterization of service to H onorable. The record reflects the Applicant was administratively discharged due to defective enlistment four months and 26 days after she reported to active duty. By regulation, members notified of intended recommendation for discharge within the first 180 days of enlistment are eligible for an Uncharacterized or E ntry- L evel S eparation characterization of service. Unless there were unusual circumstances regarding a service member’s performance or conduct that would merit an Honorable characterization, an U ncharacterized discharge is generally considered the most appropriate characterization of a member’s service. The Board determined the characterization of service as U ncharacterized (Entry Level Separation) was appropriate. The Applicant's service record did not contain any unusual circumstances during h er less than five month s in the military to wa rrant a change of discharge to H onorable. Therefore, relief is 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 the characterization of discharge was

Pertinent Regulation/Law

A. The Naval Military Personnel Manual, (NAVPERS 15560C), Change 11, effective 20 June 2005 until Present, 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 .

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 NDRB has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Regulations limit the NDRB ’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 NDRB 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 NDRB 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 NDRB B oard 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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NAVY | DRB | 2009_Navy | ND0900785

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