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

   

 ex-SR, USN
Docket No. ND99-01217

Applicant’s Request

The application for discharge review, received 990917, requested that the characterization of service on the discharge be changed to general/under honorable conditions.  The applicant requested a documentary record discharge review.  The applicant did not designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000530.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service.  The Board’s vote was unanimous that the character of the discharge shall not change.  The discharge shall remain:  UNCHARACTERIZED/ CONDITION, NOT A DISABILITY, authority: NAVMILPERSMAN, Article 3620200.

The NDRB did note an administrative error on the original DD Form 214.  Block 28, Narrative Reason for Separation, should read:  “CONDITION, NOT A DISABILITY” vice “OTHER DESIGNATED PHYSICAL CONDITION”.  The original DD Form 214 should be corrected or reissued as appropriate. 

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1.  My Name is T_ S_ (Applicant), and I was in the United States Navy, when I went to the recruiter I was told not to tell the whole truth, the truth was that I had a learning disability and I have had friends go in and say they have never had a problem.  All my problems amounted to was that I did not pick up things as fast as most people did.  I finished Basic Training but when I went to my next duty station NTC Great lakes I started having problems with the laundry, and the organization of all of my gear and a lot of home sickness.   Sirs I know most guys have problems, that's because I wasn't ready now since I've been home I've held down a full time job at a Mcdonalds here in town for two years since my return.  My recruiters name was petty officer A_ t. C_ he recruited for the region of Tucker Ga.  At Meps they had a truth session were they gathered all the recruits and they said if you have had anything that you have not told us that it is time to tell the truth.  And on the basis of what my recruiter advise I followed my directions to the last detail and said nothing.  And for that reason alone I was given a RE-4 code on my DD.-214. My request is that this RE-4 code be removed and I can reenlist in the USMC and serve my country.  There is nothing physically wrong me and I take no medications.   Please take note of these reasons and make our country proud because I believe in my heart that I would be an asset to our nation because I swore an oath to defend the United States of America.  In Gods I believe I failed God as well as my family and my country please don't deny opportunity to make my family proud as well as God proud of me Thank you for listening to me Today.

Documentation

In addition to the service record, the following additional documentation, submitted by the applicant, was considered:

Applicant's letter to Board dtd October 21, 1999

PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

	Active:    None
	Inactive:  USNR (DEP)	970722 - 970908	COG

Period of Service Under Review:

Date of Enlistment:  970909		Date of Discharge:  971211

Length of Service (years, months, days):

	Active:    00  03  03
	Inactive:  None

Age at Entry:  18			Years Contracted:  4 

Education Level:  12			AFQT:  31

Highest Rate:  SR

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMF		Behavior:  NMF		OTA:  NMF

Military Decorations:  None

Unit/Campaign/Service Awards:  None

Days of Unauthorized Absence:  None 

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNCHARACTERIZED/OTHER DESIGNATED PHYSICAL CONDITIONS, authority:  NAVMILPERSMAN, Article 3620200. [Correct narrative reason should read:  "CONDITION, NOT A DISABILITY'.]

Chronological Listing of Significant Service Events:

971122:	MHC, NAVHOSP, GLakes, IL:  18 year old single, Caucasian male with approximately 3 months active duty was referred by the ER due to a history of treatment for ADHD.  Member reported that he is now unable to tolerate Navy life and is thinking of killing himself if he can't get out.  Pt was interviewed on 24NOV97.  The purpose and nature of the evaluation, and the limits of confidentiality is military health care were made know to the pt.
	Mental Status Exam revealed an alert, oriented, cooperative male with appropriate behavior.  Speech was coherent.  Mood was euthymic with a congruent affect.  Cognitive and memory processes were grossly intact.  Delusions and hallucinations were absent.  Current suicidal/homicidal ideation/intent was absent.  Impulse control was intact.  Insight was fair.  Judgment was adequate.  There were no signs of psychosis, mood disorder, anxiety disorder, or gross brain dysfunction.
	Diagnoses:  AXIS I - Attention-Deficit/Hyperactivity Disorder, Predominantly Inattentive Type, EPTE, 314.00.
	AXIS II - No diagnosis, V71.09
	Current GAF:  60
	Based on reported history and current lack of suicidal ideation, suicide risk is judged to be low.
Recommendations:  1 - Mbr is returned to duty and is responsible for his behaviors.  2 - Based on past history of Attention-Deficit/Hyperactivity Disorder and his current symptomatology, mbr is recommended for an Entry Level Separation.  Although not considered suicidal/homicidal currently, this member is judged to represent a continuing danger to self or others if retained in the Navy.  3 - Mbr is to attend the Mental Health Clinic Support Group, where he will be following by the undersigned provider.

971125:	Applicant notified of intended recommendation for discharge with the least favorable characterization of service as general (under honorable conditions) by reason of convenience of the Government due to other physical conditions as evidenced by Chronological Record of Medical care.

971125:	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

971126:	Commanding officer advised BUPERS that applicant's discharge was approved and directed with an uncharacterized service by reason of convenience of the Government due to other designated physical conditions.   

PART III – RATIONALE FOR DECISION AND PERTINENT 
REGULATION/LAW

Discussion

The applicant was discharged on 971211 with an uncharacterized service for convenience of the Government due to condition, not a disability (A).  The Board presumed regularity in the conduct of governmental affairs (B).  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).

In response to applicant’s issue 1, normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question.  No such error or injustice is evident in the applicant’s service record.  The Board reviews the propriety (did the USN/USMC follow its own rules in processing the applicant for discharge) and equity (did the applicant receive a discharge characterization in keeping with the USN/USMC guidance or was the characterization typical of other service members being separated for the same reason) of each applicant's discharge.  Relief not granted.

Pertinent Regulation/Law (at time of discharge)

A.  The Naval Military Personnel Manual, (NAVPERS 15560C, Change 14, effective 
03 Oct 96 until 11 Dec 97),  Article 3620200, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT - OTHER PHYSICAL OR MENTAL CONDITIONS.

B.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.  

C.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

D.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

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 requirements of DoD Directive 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Directive.  You should read Enclosure (5) of the Directive 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 Directive 1332.28 and other Decisional Documents by going online at "afls14.jag.af.mil". 

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:

		Naval Council of Personnel Boards
		Attn:  Naval Discharge Review Board
		720 Kennon Street SE Rm 309
		Washington Navy Yard DC  20374-5023