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

ex-RMSA, USN
Docket No. ND00-00726

Applicant’s Request

The application for discharge review, received 000518, requested that the reason for the discharge be changed to convenience of the government, pre-existing medical condition.  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 001214.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety, but an inequity in the characterization of the applicant’s service.  The NDRB discerned no impropriety or inequity in the reason for the applicant’s discharge.  The Board’s vote was 3 to 2 that the character of the discharge shall to:  HONORABLE/FRAUDULENT ENTRY INTO MILITARY SERVICE, authority: NAVMILPERSMAN, Article 1910-134 (formerly 3630100).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1.  The statement that is on the DD 214 now is a form of punishment when I did nothing wrong.  Anytime I apply for a job, this will come back to haunt me.  I did nothing wrong, I followed by recruiter's advice and recommendation.  This is a punishment that I should not have to endure.

Documentation

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

Copy of DD Form 214 (2 copies)

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	970529 - 980223	COG

Period of Service Under Review:

Date of Enlistment:  980224		Date of Discharge:  990604

Length of Service (years, months, days):

	Active:    01  03  11
	Inactive:  None

Age at Entry:  21			Years Contracted:  4 

Education Level:  12			AFQT:  26

Highest Rate:  RMSA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMF		Behavior:  NMF		OTA:  NMF

Military Decorations:  None

Unit/Campaign/Service Awards:  Navy Battle "E" Ribbon

Days of Unauthorized Absence:  None

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:

961122:	Report of Medical Examination upon entry:  Applicant failed to disclose existing medical conditions/problems - Regional Enteritis (Crohn's disease).

980224:	Enlisted from the Delayed Entry Program for term of four years.

990111:	USS CARTER HALL Sick Call:  Pt reports to MSC complains of burning sensation when eating, cramping sometimes.  Pt denies having bowel movement for 7 days.  Pt has had this problem for several weeks.  Pt has had vomiting, last episode yesterday.
	Assessment:  Constipation
	Plan:  Fleets enema 1 dose, follow-up if symptoms don't resolve 

990201:	Portsmouth Gastroenterology Diagnostic Center:  Applicant's has past history of Crohn's disease, however, he is not a very compliant patient.  Last saw him January 30, 1998.  He missed his appointment in May 1998.  Placed on Azulfidine 2 gm. per day and Prednisone 20 mg. per day.  Advised to take medication faithfully and to return in one month for follow up.  Was hoping that he gets a small bowel series and that he becomes a more compliant patient, but believed the reason he is not too compliant is that he is in the active duty Navy.  I did discourage him from joining the Navy in January 1998 since Crohn's disease would be a contraindication.  However, he joined anyway.  J_ B. H_, M.D.

990401:	USS CARTER HALL Sick Call:  Pt reports with complaint of abdominal pain for 2 days.  Pt has a history of constipation/cramping but denies both at this time.  Pt also complains of sour taste in mouth.  Pt denies n/v diarrhea at this time.  
	Plan:  Consult MD, Antiacid, instruct Pt to bring medical record so he can be consult, return as necessary.

990407:	USS CARTER HALL Sick Call:  22 year old complains of abdominal pain off and on since January.  Pt has see a civilian doctor and had care there.  Pt advised to get documentation ASAP and present it to medical.

990428:	Medical Officer advises commanding officer that RMSN (Applicant) enlisted in the Navy without disclosing his diagnosis of Crohn's disease.  Applicant has frequented USS CARTER HALL's sick call reporting vague, inconsistent abdominal complaints.  When asked about a history of bowel disorders, applicant admitted a diagnosis of Crohn's disease and supported this with a letter from the Portsmouth Gastroenterology Diagnostic Center dated Feb 1, 1999.

990505:	Applicant notified of intended recommendation for discharge with a general (under honorable conditions) by reason of defective enlistment and induction due to fraudulent entry.

99050X:	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation and to submit a statement.

990604:	Applicant's discharge with a general (under honorable conditions) by reason of defective enlistment and induction due to fraudulent entry.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 990604 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 reason for discharge was proper and equitable (C and D), but the characterization was inequitable and shall be changed to honorable.

In the applicant’s issue 1, the Board found that the member was in the service for one year and 3 months.  There is specific documentation in the applicant’s service and medical record where the member failed to disclose his preexisting medical condition: Crohn’s disease.  The applicant did not disclose his Crohn’s disease on his Report of Medical Examination, during the Moment of Truth at RTC, during his Sea Duty screening or during his numerous visits to Sick Call.  The applicant was provided ample opportunity to disclose his Crohn’s disease, and therefore his reason for discharge is accurately entitled Fraudulent Enlistment into Military Service.  No other reason for separation would more accurately describe why the applicant was separated from the service.  Therefore, no relief will be granted based on this issue.

Although the applicant’s request was for a change to his reason, the Board reviewed the entire discharge, to include the characterization.  The Board found that the characterization of the applicant’s discharge was inequitable based on the applicant’s service record.  The applicant had no misconduct of record and the Board found he served honorably during his abbreviated time in the US Navy.  Partial relief is granted to HONORABLE.

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