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

ex-SN, USN
Docket No. ND00-01036

Applicant’s Request

The application for discharge review, received 000908, requested that the characterization of service on the discharge be changed to honorable or general/under honorable conditions and the upgrade of re-enlistment code to RE-1.  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 010301.  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 3620280.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank. 

Documentation

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

Personal statement dated August 28, 2000
Clinical evidence
Secondary evaluation
Reasons to upgrade RE Code
Copy of DD Form 214
Twelve pages from applicant's service record (some duplicates)
Copy of college transcript
Copy of third party psychological diagnosis dated December 11, 2000

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	961211 - 970113	COG

Period of Service Under Review:

Date of Enlistment:  970114		Date of Discharge:  970206

Length of Service (years, months, days):

	Active:    00  01  13
	Inactive:  None

Age at Entry:  21			Years Contracted:  4

Education Level:  12			AFQT:  94

Highest Rate:  SN

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 3620280.

Chronological Listing of Significant Service Events:

970129:	Medical evaluation:  Panic disorder with agoraphobia.

970131:	Applicant notified of intended recommendation for discharge with an Entry Level Separation or the least favorable discharge of general (under honorable conditions) by reason of defective enlistment and induction due to erroneous enlistment as evidenced by a panic disorder.

970131:	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.

9702:	Commanding officer recommended discharge with an uncharacterized service by reason of defective enlistment and induction due to erroneous enlistment.  Commanding officer’s comments (verbatim): This recruit has effected an erroneous enlistment.  Member disclosed pre-service medical history to Branch Medical Center 1017 staff and was diagnosed with a panic disorder by the Recruit Evaluation Unit.  I authorize separation from the naval service with an Entry Level Separation.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 970206 with an entry level separation (uncharacterized) 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 requested the discharge characterization be changed to Honorable.  The Board found that since the applicant’s service was less than 180 days, the appropriate characterization of service is Uncharacterized (Entry Level Separation).  Relief is not warranted.

The applicant requested the NDRB change the RE Code.  The NDRB has no authority to make such changes.  The applicant is encouraged to consult a Navy recruiter regarding possible reentry in the service.  Relief is not warranted.

The applicant introduced no decisional issues for consideration by the Board.

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560C), Change 14, effective 03 Oct 96 until 11 Dec 97, Article 3620280, SEPARATION OF ENLISTED PERSONNEL BY REASON OF DEFECTIVE ENLISTMENT 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