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

ex-SR, USN  
Docket No. ND00-00155

Applicant’s Request

The application for discharge review, received 991108, requested that the characterization of service on the discharge be changed to honorable.  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 000727.  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:  GENERAL (UNDER HONORABLE CONDITIONS)/FRAUDULENT ENTRY INTO MILITARY SERVICE, authority: NAVMILPERSMAN, Article 1910-134 (formerly 3630100).

The NDRB did note an administrative error on the original DD Form 214.  Block 25, Separation Authority, should read:  “1910-134” vice “3630100”.  The original DD Form 214 should be corrected or reissued as appropriate. 

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1.  My unjustifiable discharge was wrongfully chosen because I had proof of my medical problem in my medical record.  Before I reported to my command, and that doctors had told me it wasn't noted in my record before and ignored my medical examination prior to boot camp.

2.  My discharge did not match they gave me a General (Under Honorable Condition) but then gave me in Section 28 of my DD 214 Fraudulent Entry into military service.

3.  (Upgrading my discharge) I am not in any way, shape, or form asking for any medical benefits from the Navy, only just to have my discharge upgraded to an Honorable discharge and that if I could, get my Montgomery GI Bill, so that I can attend the Police Academy (HPD) Houston Police Dep.  And proof of my exceptence into (HPD) only when my discharge is changed.

Documentation

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

Copy of Medical examination upon entry into military (3 pages)
Notification of Employment Eligibility for Police Department
Copy of DD Form 214 (4 copies)

PART II - SUMMARY OF SERVICE

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

	Active:    None
	Inactive:  USNR (DEP)	970805 - 970827	COG

Period of Service Under Review:

Date of Enlistment:  970828		Date of Discharge:  980528

Length of Service (years, months, days):

	Active:    00  09  01 (Doesn't exclude lost time)
	Inactive:  None

Age at Entry:  20			Years Contracted:  4 

Education Level:  12			AFQT:  35

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:  7

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

GENERAL (UNDER HONORABLE CONDITIONS)/FRAUDULENT ENTRY INTO MILITARY SERVICE, authority:  NAVMILPERSMAN, Article 1910-134 (formerly 3630100).

Chronological Listing of Significant Service Events:

970805:	Report of Medical Examination upon entry:  Applicant listed foot problems (les planus) but failed to disclose other problems, such as severe headache, dizziness or fainting spells, eye trouble, trick knees, cramps in legs, recurrent back pain, etc.

980217:	To unauthorized absence as of 0815, intentions unknown.

980224:	Returned from unauthorized (7 days).

980324:	NJP for violation of UCMJ, Article 86:  unauthorized absence, violation of UCMJ, Article 98: , missing movement.
	Award:  Restriction and extra duty for 20 days.  No indication of appeal in the record.  [EXTRACTED FROM CO'S LTR OF 3 JUN 98.]

980427:	Overseas Screening:  Not fit until resolution of:  (1) coughing up blood since 3/98, (2) dizziness and headaches for 1 year, (3) fainting three times since age 16, (4) chronic back pain since Jr. High School, (5) knee pain and locking for 2 years, (5) orthotics since childhood - still using.

980513:	Medical Dept (USS EMORY S LAND):  (#1) Pt presents to medical for pain right foot.  Requests to be on stay behind has a sore spot.  Right foot shows a Taylor's bunion lateral aspect.  
	Assessment:  Bunion
	Plan:  will try mole skin, Podiatry referral.
	(#2) Complains of back pain, relates to leaning over because of feet; injury 3 weeks ago while [.......] and now stiff on awakening, when lifting hurts, sudden movements.  From with pain on extension some scoliosis/tender right lumbar.  No [..........].
	Assessment:  Back pain - musculo skeltal.
	Plan:  Limited duty.  Orthotics/P.T/podiatry consult.  Follow-up, pt to return as necessary. 

980513:	Consultation (Orthotics):  20 year old with pes planus with prior use of orthotics.  Please evaluate make a generic arch support.  Diagnosis:  Pes Planus.

980513:	Consultation (Physical prescription):  20 year old white male with back pain and tenderness right lateral lumbar.  Please evaluate.  Diagnosis:  Back Pain Muscuolskelatal.

980513:	Consultation (Podiatry):  20 year old with a lateral bunion.  Please evaluate.  Diagnosis:  Bunion.

980519:	NJP for violation of UCMJ, Article 83:  fraudulent enlistment.
	Award:  Restriction for 15 days.  No indication of appeal in the record.
	[EXTRACTED FROM CO'S LTR OF 3 JUN 98.]

980526:	Applicant notified of intended recommendation for discharge with a general (under honorable conditions by reason of defective enlistment and induction due to fraudulent entry.

980528:	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

980603:	Commanding Officer, USS EMORY S LAND advised BUPERS that applicant's discharge was directed with a general (under honorable conditions) by reason of defective enlistment and induction due to fraudulent entry.  Commanding officer’s comments (verbatim):  "At Commanding Officer's Non-judicial Punishment, Seaman Recruit (Applicant) admitted to not reporting prior medical problems which would have qualified his naval enlistment.  In view of the foregoing, he was separated from the naval service with a General (Under Honorable Conditions) discharge on 28 May 1998."

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 980528 with a general (under honorable conditions) by reason of defective enlistment and induction due to fraudulent entry (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 the applicant’s issue 1, the Board found that the applicant only admitted to foot problems (les planus) on his Report of Medical Examination upon entry into the service.  During an overseas screening, the applicant admitted to additional medical problems (coughing up blood since ’98, dizziness and headaches, fainting 3X since age 16, chronic back pain since high school, knee pain and locking and orthotics since childhood).  In addition, the applicant admitted to not reporting these prior medical problems at CO’s NJP.  Therefore, no relief will be granted.

In the applicant’s issue 2, the applicant states “my discharge did not match, they gave me a General (Under Honorable Condition) but then gave me in Section 28 of my DD 214 Fraudulent Entry into military service.”  The Board found that the applicant was  discharged for “Fraudulent Entry into the Naval Service” which is the proper narrative.  The applicant’s characterization is General (Under Honorable Conditions) which is also proper.  An applicant’s entire service record is taken into account when he is discharged.  The applicant, within 9 months of service, had 2 NJPs and admitted to not reporting prior medical problems when he enlisted in the Navy.  The Board found this discharge characterization equitable based on this information.  No relief granted based on this issue.

In the applicant’s issue 3, the applicant was briefed on the Veterans’ Educational Assistance Act of 1984 (G.I. BILL).  Specifically, he was briefed that an Honorable discharge after completion of 36 months on active duty would be required for entitlement to benefits under the G.I. BILL.  No relief granted.

Pertinent Regulation/Law (at time of discharge)

A.  The Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective 12 Dec 97 until Present, Article 1910-134 (previously 3630100), Separation by Reason of Defective Enlistments and Inductions – Fraudulent Entry Into the Naval Service.

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