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

 ex-SR, USN
Docket No. ND00-00866

Applicant’s Request

The application for discharge review, received 000710, 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 list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010126.  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 (ENTRY LEVEL SEPARATION)/ERRONEOUS ENTRY (OTHER), authority: NAVMILPERSMAN, Article 1910-130 (formerly Article 3620280).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  First of all I want to say that I am truly sorry for I the trouble I caused and now I want to turn things around and do things the right way.  I lied to get out of basic training because I thought that I could not make it and I now that I'm out I look at my recruiter and I know that I can make it and that I didn't even give myself or the NAVY a chance.  Since I've been out I've been installing Honor, courage commitment in myself and been practicing the sailor's creed and been tiring to live by it.  Please I ask that you give me a second chance and I will do it the right way and I will not let myself or the NAVY down.  I want to serve my country to my greatest ability and I feel that I can do my best if I serve in the Armed Forces.  I did not give myself a chance before but that will not happen again, I know I can do it and I know I will be the best sailor in the US Navy.  I ask again that you give me a second chance so I can finish what I started and I will not let you or myself down, I promise.  Thank you for reading this letter.

Documentation

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

None

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	991213 - 991227	COG

Period of Service Under Review:

Date of Enlistment:  991228		Date of Discharge:  000119

Length of Service (years, months, days):

	Active:    00  00  23
	Inactive:  None

Age at Entry:  19			Years Contracted:  4

Education Level:  12			AFQT:  34

Highest Rate:  SR

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMA			Behavior:  NMA		OTA:  NMA

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 (ENTRY LEVEL SEPARATION)/ERRONEOUS ENTRY (OTHER), authority: NAVMILPERSMAN, Article 1910-130 (formerly Article 3620280).

Chronological Listing of Significant Service Events:

000107:	Report of Medical Examination upon entry:  Applicant failed to disclose inpatient and outpatient psychiatric treatment his entire life (age 5 - 19).  He reports 15 I/P episodes starting age 10.  Last I/P discharge 1/99.  SR DX manic-depressive with lithium, escalith, thorazine, resperidol, epakote, etc for year (age 5-17).

000112:	Applicant notified of intended recommendation for discharge with a General (under Honorable conditions) by reason of defective enlistment and induction due to erroneous enlistment as evidenced by a bipolar disorder.

000112:	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.

000113:	Commanding officer recommended discharge with an Uncharacterized service by reason of defective enlistment and induction due to erroneous enlistment. 

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 000119 with an Uncharacterized service 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).

Issue 1.  The applicant states he wants to turn things around and do things the right way and serve his country again.  The Board determined the applicant’s discharge was proper and equitable.  He served 23 days in the U.S. Navy and was discharged with an uncharacterized, entry level separation for erroneous entry.  Relief denied.

Pertinent Regulation/Law (at time of discharge)

A.  The Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective 12 Dec 97 until PRESENT, Article 1910-130 (formerly 3620280), Separation 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