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

ex-FR, USN
Docket No. ND01-00431

Applicant’s Request

The application for discharge review, received 010222, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to Physical Condition EPTS.  The applicant requested a documentary record discharge review.  The applicant designated the Collin county Veterans Services as her representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010629.  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)/FAILED MEDICAL/PHYSICAL PROCUREMENT STANDARDS, authority: NAVMILPERSMAN, Article 1910-130.

 
PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  I did not erroneous enlist in the Navy.  I did have headaches before I went into service but never a diagnosis of chronic tension type headaches.  I was asked by Navy doctor have you ever had headaches and I said yes (who has not ever had headaches.  But I never received a diagnosis of chronic tension headaches until the military.

2.  I believe my discharge should be changed to Honorable discharge with Reason of Physical Condition EPTS.

Documentation

Only the applicant's 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)	000630 - 001010	COG

Period of Service Under Review:

Date of Enlistment:  001011		Date of Discharge:  001103

Length of Service (years, months, days):

	Active:    00  00  23
	Inactive:  None

Age at Entry:  20			Years Contracted:  4

Education Level:  13			AFQT:  49

Highest Rate:  FR

Final Enlisted Performance Evaluation Averages:  No marks given.

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)/FAILED MEDICAL/ PHYSICAL PROCUREMENT STANDARDS, authority:  NAVMILPERSMAN, Article 1910-130 (formerly 3620280).

Chronological Listing of Significant Service Events:

001024:	USS TRANQUILLITY Medical Clinic, Naval Hospital, Great Lakes:
Diagnosis:  Tension type headache.  Entry level medical separation for an EPTE condition.  Condition is not correctable to meet Navy standards.  Pt did not have a waiver to come into service with condition.  Medical did not recommend retention of recruit.  Pt instructed to follow-up with known civilian provider.  

001027:	Applicant notified of intended recommendation for discharge with an uncharacterized (entry level separation) by reason of defective enlistment and induction due to erroneous enlistment as evidenced by chronic tension type headaches (failed medical/physical procurement standards).

001027:	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

001030:	CO, RTC Great Lakes directed the applicant's discharge with an uncharacterized (entry level separation) by reason of defective enlistment and induction due to erroneous enlistment as evidenced by chronic tension type headaches (failed medical/physical procurement standards).

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 001103 with an uncharacterized (entry level separation) by reason of defective enlistment and induction due to erroneous enlistment as evidenced by chronic tension type headaches (failed medical/physical procurement standards) (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 did not erroneous enlist in the Navy.  I did have headaches before I went into service but never a diagnosis of chronic tension type headaches.  I was asked by Navy doctor have you ever had headaches and I said yes (who has not ever had headaches.  But I never received a diagnosis of chronic tension headaches until the military.”  The applicant was discharged after being diagnosed with tension type headaches.  The attending physician recommended: “entry level medical separation for an EPTE condition.  Condition is not correctable to meet Navy standards.  Patient did not have a waiver to come into service with condition.”  The Board found no impropriety or inequity in the discharge:  Uncharacterized Entry Level Separation), Failed Medical/Physical Procurement Standards.  Relief is not warranted.

The applicant’ s second issue states:  “I believe my discharge should be changed to Honorable discharge with Reason of Physical Condition EPTS.”  Since the applicant’s service was less than 180 days, the applicant’s service is appropriately characterized as “Uncharacterized (Entry Level Separation).  The applicant requested the reason for discharge be changed to: Physical Condition EPTS.  The Board found the reason assigned for separation (Failed Medical/ Physical Procurement Standards) accurately describes the reason for separation.  To change the reason would be inappropriate.  Relief is not warranted.

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 "afls10.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