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

ex-AR, USN
Docket No. ND01-00167

Applicant’s Request

The application for discharge review, received 001127, 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 010503.  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 MILPERSMAN: 3630280.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  I am writing this letter in hoping that something can be done to change the status of my DD 214 discharge papers as stated "Uncharacterized".    I joined the Navy in February of 1997, few months before this I had gone to the Recruiter's Office.  I was very eager to serve my country and the Navy seems to be my best choice.  While there, one of the questions that was asked by my recruiter was, do I have any medical problems. I told hi, "off the record", I had asthma but it seem under control and had not had any attacks of any kind in the last few years.  The recruiter told me not to worry about it.  In boot camp, I was scheduled to see their doctor.  The doctor questioned me about any medical problems.  I stated that I had asthma, but only as a child.  This is when they took steps in discharging me.  In my documents under "Narrative Reason For Separation", it states "Fraudulent Entry Into Military Service (Other)".      The Reason why I want these changes, is because, my dream is to be a Police Officer.  I have a family and I want to have a good career to support them.  I thank you for your time and patience.  I hope you can help me reach my dreams.

Documentation

Only the service and medical records were reviewed, as the applicant did not provide additional documentation for the Board to consider.

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	961029 - 970217	COG

Period of Service Under Review:

Date of Enlistment:  970218		Date of Discharge:  970307

Length of Service (years, months, days):

	Active:    00  00  20
	Inactive:  None

Age at Entry:  19			Years Contracted:  4 

Education Level:  12			AFQT:  35

Highest Rate:  AR

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:  None 

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

UNCHARACTERIZED (ENTRY LEVEL SEPARATION)/ ERRONEOUS ENTRY (OTHER), AUTHORITY MILPERSMAN: 3630280.

Chronological Listing of Significant Service Events:

961029:	Report of Medical Examination upon entry:  Applicant failed to disclose existing medical conditions/problems - asthma.

970228:	Medical evaluation (Branch Med Clinic, RTC, Great Lakes):  Entry Level Medical Separation, Existed Prior To Entry condition.  Diagnosis: Asthma, Symptomatic (respiratory obstructive disease).  Condition is not correctable to meet Navy Standards. 

970303:	Applicant notified of intended recommendation for discharge with the least favorable characterization of service as a general (under honorable conditions) by reason of defective enlistment and induction due to erroneous enlistment as evidenced by asthma.

970303:	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.

970304:	CO, RTC, Great Lakes, IL directed the applicant's discharge with an uncharacterized service (entry level separation) by reason of defective enlistment and induction due to erroneous enlistment as evidenced by asthma.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 970307 with an entry level separation (uncharacterized) for defective enlistment and induction due to erroneous 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).

The applicant’s issue states that he had disclosed his asthma to his recruiter prior to induction and requested an upgrade in the discharge in order to secure employment with the police department.  The board found no impropriety or inequity in the discharge.  The Board did note administrative errors on the DD 214 and noted the corrections that should be made.  Due to the applicant’s length of service (20 days) an uncharacterized discharge is appropriate.  If the length of service is greater than 180 days, a discharge characterization of General or Honorable is normally assigned.  Relief is not warranted. 

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 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