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

 ex-HR, USN
Docket No. ND00-00434

Applicant’s Request

The application for discharge review, received 000222, requested that the reason for the discharge be changed to early out discharge.  The applicant requested a documentary record discharge review.  The applicant did not list any representative on the DD Form 293.
 
Decision

A documentary discharge review was conducted in Washington, D.C. on 000907.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the applicant’s discharge.  The Board’s vote was unanimous that the reason for the discharge shall not change.  The discharge shall remain:  HONORABLE/Erroneous enlistment - enlisted, reenlisted, extended, or inducted in error), authority: NAVMILPERSMAN, Article 3620280.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  I served almost 1 year & was discharge with honorable-erroneous enlistment.  I am requesting this be changed to Honorable with early out discharge.  I am currently in the final stages of escrow for a cal-vet loan and need this for my cert. of eligibility.  When I was in emotional problems I developed plus my familys house burned down which caused much trauma & hardship at that time in my life.  The psychiatrist told me that due to the Navy being over quota due to Desert Storm that I could get an honorable - early out discharge.  This is now an issue cause I am trying to use my cal-vet loan and to qualify with less than 2 years service.  I need my discharge title changed.  I followed the psychiatrists recommendations - I had many issues of abuse, no confidence, lack of trust, alcoholism and family troubles that applied to his recommendation for an early out discharge. 

Documentation

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

Copy of DD Form 214 (2 copies)
Applicant's license and certificate of  marriage 

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	910214 - 910326	COG

Period of Service Under Review:

Date of Enlistment:  910327		Date of Discharge:  920214

Length of Service (years, months, days):

	Active:    00  10  18
	Inactive:  None

Age at Entry:  18			Years Contracted:  4

Education Level:  12			AFQT:  66

Highest Rate:  HR

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMF		Behavior:  NMF		OTA:  NMF

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM 

Days of Unauthorized Absence:  None

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

HONORABLE/Erroneous enlistment - enlisted, reenlisted, extended, or inducted in error, authority: NAVMILPERSMAN, Article 3620280.

Chronological Listing of Significant Service Events:

911220:	Medical Board Report: Axis I: Primary: Major depressive episode, recurrent, EPTE, alcohol abuse, episodic (secondary to stress), EPTE.  Axis II: Avoidant and dependent traits, Axis III: Reported ulcers.  Axis IV: Psychosocial stressors, mild.  Axis V: Global assessment of functioning 60/75.  Disposition: Discharge, enlisted in error.

920214:	DD Form 214: Applicant discharge with a honorable by reason of defective enlistment and induction due to erroneous enlistment.

Discharge package missing from service/medical records.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 920214 with a honorable for defective enlistment and induction due to erroneous enlistment (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).

The applicant’s issue states:  “I served almost 1 year & was discharge with honorable-erroneous enlistment.  I am requesting this be changed to Honorable with early out discharge.  I am currently in the final stages of escrow for a cal-vet loan and need this for my cert. of eligibility.  When I was in emotional problems I developed plus my family’s house burned down which caused much trauma & hardship at that time in my life.  The psychiatrist told me that due to the Navy being over quota due to Desert Storm that I could get an honorable - early out discharge.  This is now an issue cause I am trying to use my cal-vet loan and to qualify with less than 2 years service.  I need my discharge title changed.  I followed the psychiatrists recommendations - I had many issues of abuse, no confidence, lack of trust, alcoholism and family troubles that applied to his recommendation for an early out discharge.”  The NDRB found that the applicants reason for discharge, Erroneous Enlistment, to accurately reflect the reason for her discharge.  She requested the reason be changed to “Early Out”, a discharge that does not exist.  The NDRB does not have the authority to create such a discharge.  Relief is not warranted. 

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560C), Change 9, effective 15 Aug 91 until 4 Mar 93, Article 3620280, SEPARATION OF ENLISTED PERSONNEL BY REASON OF DEFECTIVE ENLISTMENTS AND INDUCTIONS - ERRONEOUS ENLISTMENT.

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