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

FOR OFFICIAL USE ONLY

ex-AMAN, USN
Docket No. ND06-00668

Applicant’s Request

The application for discharge review was received on 20060420.  The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable.  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 20070209.  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 General (Under Honorable Conditions) by reason of defective enlistment and induction due to fraudulent entry.

The NDRB did note administrative error(s) on the original DD Form 214.  Block 28, Narrative Reason for Separation, should read:  “FRAUDULENT ENTRY INTO MILITARY SERVICE.”  The Commander, Navy Personnel Command, Millington, TN, will be notified, recommending the DD Form 214 be corrected or reissued, as appropriate.

PART I - ISSUES AND DOCUMENTATION

Decisional Issues

Equity:  Post-service equity

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 4)
Employment verification from G_ M_, General Manager, undated

PART II - SUMMARY OF SERVICE

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

	Inactive:  USNR (DEP)	20020821 - 20021021	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  20021022		Date of Discharge:  20040127

Length of Service (years, months, days):

	Active:    01  03  06
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  None
	Confinement:		  None

Age at Entry:  21

Years Contracted:  4 (12-month extension)

Education Level:  12				AFQT:  87

Highest Rate:  AMAN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  2.0 (1)		Behavior:  1.0 (1)		OTA:  1.67

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214):  National Defense Service Medal

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

GENERAL (UNDER HONORABLE CONDITIONS)/FRAUDULENT ENTRY INTO MILITARY SERVICE, authority:  MILPERSMAN, Article 1910-134 (formerly 3630100).

Chronological Listing of Significant Service Events: 

010828:	Report of Medical History (DD Form 2807-1)  17h.  Attempted suicide. Applicant indicated yes.  25.  Explanations of “Yes” answers:  17h:  When I was in Junior High after I was attacked.
	Examiner’s Summary and Elaboration:  17h.  Attempted suicide age 13 shortly after being attacked at school.  Tried to strangle himself with bandage and was caught and saved by the mother.  No hosp, no counselor seen.

030507:	Medical evaluation at Mental Health Department, Naval Hospital, Oak Harbor, WA by D. K_, MD, CDR, MC, USNR:
	Reason for request:  22 y/o with history molestation as 11 year old and unresolved issues, periods of anger and depression.  Also history of 2 attempts on his life in high school with some unresolved issues.
	Triage Evaluation:  Voluntary referral…referred for a history of depressive periods going back a decade accompanied by symptoms of social withdrawal, irritability and thoughts of suicide.  Not depressed now.  He reported about 12 episodes of suicidal behavior in the past.
	Impression:  Probable post traumatic stress disorder.
	Plan:  (1) He was returned for EMDR therapy.  (2) Fit for duty.  (3) Evaluation discussed with the member.

030518:	Medical evaluation at Emergency Care, Naval Hospital, Oak Harbor, WA by M. A. P_, MD:
	N_ (Applicant) is a 22-year old white male with chief complaint of suicidal ideation.  The patient said he wanted to kill himself…that he felt depressed for about 12 years…felt worse today at noon when he realized his girlfriend of 4 months had swindled him out of $10,000.00…also upset because he tried to have an affair with a friend’s wife and he says he is upset about that…cut on his arm and he tried to choke himself today by holding his hands up to his neck…still feeling that way.
	Impression:  Major depression.
	Plan:  The patient is admitted to Dr. S_ B_ and Dr. K_, psychiatrist will see him in the morning.

030519:	Discharge Summary, LCDR S. B_, MC, USN:  Discharged to home/command.  Departed hospital ambulatory.  No medications.  Call ER if return of suicidal thoughts.

040108:	Applicant notified of intended recommendation for discharge by reason of defective enlistments and inductions - fraudulent entry into naval service with the least favorable characterization of service as general (under honorable conditions).

040120:	Applicant advised of rights and having elected to consult with counsel with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation and to submit a statement.

040122:	Applicant found physically qualified for separation.

040406:	Commanding Officer, Fleet Air Reconnaissance Squadron ONE, directed discharge by reason of fraudulent enlistment into the Naval Service with a characterization of service as general (under honorable conditions).  Relevant Commanding Officer’s comments:  “…in Summer of 2003 when experiencing some problems in his personal life, he expressed suicidal ideations and confided in a shipmate the fact that he had attempted suicide ‘at least 40 times’ prior to joining the Navy.  The command ensured he received the appropriate medical attention for his suicidal thoughts, and, in a May 2003 interview with Naval Hospital Oak Harbor Mental Health, AMAN O_ (Applicant) admitted to twelve episodes of suicidal behavior in the past....
	…AMAN O_ admitted to one pre-service suicide attempt on DD Form 2807-1, dated 010828.  On his USMEPCOM Form 601, AMAN O_ replied “no” to a question asking if he had any prior attempts to commit suicide.  AMAN O_ admitted to the Investigating Officer that he remembered at least two attempts, and that there were others he couldn’t recall in detail.  Clearly, AMAN O_’s answers on both DD Form 2807-1 and USMEPCOM Form 601 were not truthful...
	…Had the Navy been informed of the true severity of AMAN O_’s personal problems and history of suicide attempts and ideations, I am confident he would not have been accepted into Naval service…”

Service Record contains a partial Administrative Discharge package.  

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20040127 by reason of defective enlistment and induction due to fraudulent entry (A) with a service characterization of general (under honorable conditions).  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 Board presumed regularity in the conduct of governmental affairs (D).

When the service of a member of the U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable.  A general discharge is warranted when significant negative aspects of a member’s conduct or performance of duty outweigh the positive aspects of the member’s military record.  The Applicant’s service was marred by his decision to provide false information regarding his medical history; resulting in an enlistment which, had the Applicant been truthful, would likely not have occurred.  The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to demonstrate the honesty and integrity to contract with the U.S. Navy and falls short of that required for an upgrade of his characterization of service.  Relief is not warranted.

Regulations limit the Board’s review to a determination of the propriety and equity of the discharge.  The Board has no authority to upgrade a discharge for the sole purpose of enhancing employment opportunities, or educational opportunities, receiving government benefits or supporting applications for citizenship.  Normally, to permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question.  The Board discovered no impropriety or inequity after a review of Applicant’s case.  There is no law or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving Naval service.  The NDRB is authorized to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review.  Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, and certification of non-involvement with civil authorities.  As of this time, the Applicant has not provided sufficient post-service documentation to consider mitigating the behavior that resulted in the characterization of discharge.  Relief denied.

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 2 May 2005, Article 1910-134 (previously 3630100), Separation by Reason of Defective Enlistments and Inductions - Fraudulent Entry into the Naval Service.

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.

D.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs.

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