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

FOR OFFICIAL USE ONLY

ex-SN, USN
Docket No. ND06-00652

Applicant’s Request

The application for discharge review was received on 20060410.  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 designated Disabled American Veterans as the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20070201.  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 erroneous enlistment.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant claims he had no history of seizure disorder before enlisting.

Applicant is requesting his characterization of service be changed to general based on equitable relief.

Documentation

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

Applicant’s DD Form 214 (Member 4)
Medical Note from Orland Family Care, dtd August 23, 2006
Letter from D_ L. C_, D.O., dtd February 3, 2006
Letter from A_ B_, M.D. Adult Neurology, dtd February 2, 2006

PART II - SUMMARY OF SERVICE

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

	Inactive:  USNR (DEP)	20020610 - 20021007	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  20021008		Date of Discharge:  20030127

Length of Service (years, months, days):

	Active:    00  03  20  
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  None
	Confinement:		  None

Age at Entry:  17 (Parental Consent)

Years Contracted:  4 

Education Level:  12				AFQT:  31

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 Available

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

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

Chronological Listing of Significant Service Events: 

021203:	Medical evaluation by N. A_, M.D. CDR MC USN, Division of Neurology, Naval Hospital Great Lakes, Great Lakes, IL:
Applicant awoke at 2400 approx a week ago to go on watch and recalls awakening feeling tired, leaned against his rack and next recall awakening on deck with local shipmates and EMT’s around him.  Reportedly had some generalized shaking for a brief period and then pt limp unresponsive for quite a few minutes.
Impression: He has epilepsy and will need to be separated from service.

021204:	Medical evaluation by Branch Medical Clinic 1017, RTC, Great Lakes, IL: 
	ELMS for EPTE condition.
	Diagnosis: Seizure Disorder/Abnormal EEG.
This condition is not correctable to meet Navy standard.  The patient did not have a waiver to come into service w/.  Patient instructed to follow up with known civilian provider.

030108:	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 a seizure disorder.

030108:	Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights except the right to submit a written statement for consideration by Separation Authority and the right to obtain copies of the documents used to support the basis for the separation and the right to General Court-Martial Convening Authority (GCMCA) review.

030123:	Commanding Officer, Recruit Training Command recommended discharge with an entry level separation by reason of defective enlistment and induction due to erroneous enlistment as evidenced by a seizure disorder.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20030127 by reason of defective enlistment and induction due to erroneous enlistment (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).  

The Applicant introduced no decisional issues for consideration by the Board.  The Applicant claims he had no history of seizure disorder before enlisting and his characterization of service should be changed to general based on equitable relief.  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 a different 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 4 months in the military to warrant a change of discharge to general.  Relief denied.

For the edification of the Applicant, 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.

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.  The Applicant can provide documentation to support any claims of post-service accomplishments or any additional evidence related to this 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), re-issued October 2002, effective 22 Aug 02 until Present, 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 Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction.  You should read Enclosure (5) of the Instruction 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 Instruction 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