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

FOR OFFICIAL USE ONLY

ex-SN, USN
Docket No. ND06-00588

Applicant’s Request

The application for discharge review was received on 20060331.  The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions).  The Applicant requests 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 20070110.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB.  The Board’s vote was unanimous that the character of the discharge shall not change.  The discharge shall remain Uncharacterized by reason of defective enlistment and induction due to failed medical/physical procurement standards.

The NDRB did note administrative error(s) on the original DD Form 214.  Block 25, Separation Authority, should read:  “MILPERSMAN 1910-130.”  The Commander, Navy Personnel Command, Millington, TN, will be notified, recommending the DD Form 214 be corrected or reissued, as appropriate.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

“The primary issue is that I was seperated with a re-enlistment code of RE-4 JFW.  At the time, I was not fully aware of what this would mean, should I ever wish to enlist again to serve my country.  What occurred in basic training has turned out to be an isolated incident, and in the intervening years since, there has not been a single incident occurring again.  Since 1998, I have led an active lifestyle, making heavy use of my knees.  Furthermore in the statement I as told to prepare at the time of my seperation.  I feel that it overstates any issues I, or my family have had with regards to joint pain.  Closing, the only request I make of the board is to allow me a second chance to serve my country, and to prove that I am capable, and can rise up and surpass the challenges I would be presented serving in the United States Armed Forces.”

Documentation

In addition to the service and medical records, the following additional documentation, submitted by the Applicant, was considered:

Applicant’s DD Form 214 (Member 1 and 4)
Letter from E_ J. W_, MD, B_ Bone and Joint Clinic, dtd July 25, 2005 (2 pages)
Fifteen pages from Applicant’s service/medical records

PART II - SUMMARY OF SERVICE

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

	Inactive:  USNR (DEP)	19980828 - 19880930	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  19981001		Date of Discharge:  19981029

Length of Service (years, months, days):

	Active:    00  00  29
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  None
	Confinement:		  None

Age at Entry:  19

Years Contracted:  4 (24-month extension)

Education Level:  12				AFQT:  93

Highest Rate:  SN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NA*			Behavior:  NA*		OTA:  NA*

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214):  NONE

* Not Applicable

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

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

Chronological Listing of Significant Service Events: 

981013:	Medical Evaluation at Naval Hospital, Great Lakes, Illinois by CAPT D. P_, MC, USN.
	Reason for request:  (Complaints and findings:) 19-year-old male with complaint of recurrent spontaneous locking of left knee in flexed position.  Episodes painful.
	Provisional Diagnosis: Locking of left knee.
	Subjective:  Patient is a 19-year-old male, Seaman Recruit who is in his P4 day having arrived at Great Lakes less than two weeks ago.  Patient relates that he has had three to four episodes of locking of his left knee since his arrival, that this is a recurrent problem and it is a pre-existing problem that he has had since he was 7 years of age after being attacked and mauled by a dog and undergoing extensive surgery on his left knee.  Patient relates that he related this to the MEPS station during his physical examination and that he was told that there would be no problem.  Patient has had not trauma or injury since arrival at Boot Camp.  He relates that he was just running in place when his knee locked up and that he has had difficulty with range of motion since then.  He was seen in the Emergency Room, 
	x-ray was done, and was interpreted as negative.
	Assessment: History of recurrent locking, left knee, existed prior to enlistment.
	Plan: Recommendation at this time for this patient is Entry Level Medical Separation.  The patient’s examination under anesthesia demonstrates that his knee is not locked, that he has full range of motion of the knee.  The patient may, in fact, have a small meniscal tear or partial tear of the medial meniscus, but given the long-standing history and no significant history of effusion, this is doubtful.  Additional work-up is not indicated at this time and this patient has stated that he would refuse any surgical intervention.  In that the patient is in such an early stage of training, surgery is not a good option at this point in time.  Patient demonstrates an understanding of the assessment and recommendations and will follow-up with Branch Medical Clinic 1007 for processing for his Entry Level Medical Separation.

Not dated:	Applicant submits handwritten statement:  “Family has extended history of knee problems.  My entire father's side of the family has problems with knees, I believe it is tendonitis, but am unsure.  I have always had problems with my knees, which were further aggravated when I was 7 years old, and had my knee torn apart by a German Shepherd.  Ever since then, my knee (left) locks up spontaneously whenever used to any great extent, and whenever used strenuously.  I informed MEPS at San Diego, and they asked whether or not it had bothered me in the past month.  I said no, I had been inactive for that period.  Also, at times I lose all strength in my knee, and it buckles spontaneously.  At times, there is a large amount of swelling.  There has been no previous treatment besides the initial repair at age 7.  Also, at times, all sensation is lost in my leg.  I have declined surgery.”

981020:	Medical evaluation at USS TRANQUILLITY Branch Medical Clinic, SMART Team, RTC, Great Lakes, IL by LTj.g. T_ R. P_, MSC, USNR, Physician Asst - Certified.
	Assessment:  Chronic knee pain EPTE.
	Plan: Light duty until discharge.
	ELMS for EPTE condition.

981020:	Medical evaluation at Branch Medical Clinic, RTC, Great Lakes, IL Illinois by LCDR R. T. T_, MC, USNR and LTj.g. T_ R. P_, MSC, USNR, PA-C.
	Entry Level Medical Separation.
	1. ELMS for EPTE condition.
	2. Diagnosis: Left knee pain intractable to continue RTC training.
	DX: in layman terms: Long standing left knee pain since age 7.
	Condition is not correctable to meet Navy standards.
	Plan: Patient instructed to follow-up with known civilian provider.

981022:	Applicant notified of intended recommendation for discharge with the least favorable characterization of service as general (under honorable conditions) by reason of defective enlistment and induction due to erroneous enlistment as evidenced by left knee pain.

981022:	Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

981026:	Commanding Officer, Recruit Training Command, Great Lakes, IL, authorized Applicant’s discharge with an uncharacterized service by reason of defective enlistment and induction into the naval service due to erroneous enlistment as evidenced by left knee pain.  Commanding Officer’s comments:  “As evidenced by enclosure (3), an erroneous enlistment has occurred.  I authorize separation from the naval service with an Entry Level Separation.  Reentry Code:  RE-4.”

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19981029 by reason of defective enlistment and induction due to failed medical/physical procurement standards (A) with a service characterization of uncharacterized.  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 (B and C).  

By regulation, members notified of intended recommendation for discharge within the first 180 days of enlistment are eligible for an uncharacterized or entry-level separation characterization of service.  Unless there were unusual circumstances regarding a servicemember’s performance or conduct that would merit an honorable characterization, an uncharacterized discharge is generally considered the most appropriate characterization of a member’s service.  The Applicant's service record did not contain any unusual circumstances during his less than 1 month in the military to warrant a change of discharge.  The Applicant should be aware that, with respect to nonservice-related administrative matters, i.e., VA benefits, educational pursuits, and especially civilian employment, an uncharacterized separation is considered the equivalent of an honorable or general (under honorable conditions) discharge.

Regulations limit the Board’s review to a determination of the propriety and equity of the discharge.  The NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces; therefore, the NDRB is not authorized to change a reenlistment code.  Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.   An unfavorable “RE” code is, in itself, not a bar to reenlistment.  A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.  

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge.  Representation at a personal appearance hearing is recommended but not required.

Pertinent Regulation/Law (at time of discharge)

A.  The Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective 12 Dec 97 until 12 Jun 01, Article 1910-130 (formerly 3620280), Separation by Reason of Defective Enlistments and Inductions - Erroneous Enlistment.

B.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety.

C.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity.

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 “http://Boards.law.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:

		Secretary of the Navy Council of Review Boards
		Attn:  Naval Discharge Review Board
		720 Kennon Street SE Rm 309
		Washington Navy Yard DC  20374-5023