ex-SA, USN
ND06-00984

Current Discharge and Applicant’s Request:

Application Received:  				20060614
Narrative Reason for Separation:			
Character of Service:				
Discharge Authority:				NMPM 1910-130
Last Duty Assignment/Command at Discharge:	RTC GREAT LAKES IL

Applicant’s Request:
	Narrative Reason change to: 		GENERAL OR UNDER HONORABLE CONDITIONS
	Characterization change to:		
	Review Requested:			  
Representation:  					

Decision:

Date of Decision:					20070523
Regarding propriety, the Board found the discharge:	
Regarding equity, the Board found the discharge:	
 (or BCD only) The Board found that clemency was: 	
Vote (characterization/reason)			/ 
Location of Board:				Washington D.C.
Complete Service Record:				
Complete Medical Record:			
Discharge Package Complete:			
The Discharge shall remain:			

Summary of Service:

Prior Service:
Inactive: USNR (DEP)				20030131-20030921
Active:        		               		NONE
Period of Service Under Review:
Date of Enlistment:  				20030922
Years Contracted:  				;        
Date of Discharge:				20031030
Length of Service:				00  Yrs  01  Mos  09  Days
Time Lost During This Period:			      
						NONE        
			
Education Level:  				
Age at this Enlistment:  				
AFQT:  						34
Highest Rate/Rank:				SA

Performance Evaluation Averages (number of marks):
Performance/Behavior/OTA:			NOT APPLICABLE
	Extracted from:  Supporting Documents   Other:       

Awards and Decorations (as listed on the DD Form 214):
NONE

Service Record Entries Related to Characterization of Service or Narrative Reason for Separation

20030131:	Waiver granted for “Chart C” offense.

20031020:	Recruit Mental Health.  Since arriving at RTC, SR has been frustrated with training because he has difficulty learning as quickly as others.  He has problems with attention to detail.  He has been reactively depressed and irritable, as a result, and he describes himself as “about to snap” into some sort of violent behavior.
	Diagnosis:
	AXIS I:  Attention-Deficit/Hyperactivity Disorder, Combined Type, 314.01, EPTE Cyclothymic Disorder, 310.13, EPTE.
	AXIS II:  No Diagnosis, V71.09.
	NRAM-SAC: 191 (GEY)-PSYCH (PRE-SERV)
	Recommendation:  
	1. Entry level separation due to disqualifying psychiatric condition affecting SR’s potential for performance of expected duties and responsibilities while on active duty. 
	2. SR was encouraged to seek treatment for this condition upon separation.  SR was educated regarding this condition and recommended for care following separation.  SR is suitable to report to Separation Division.

Elements of Discharge:  [INVOLUNTARY]

Discharge Process:				
Date Notified:					20031022
Narrative Reason(s):				
Least Favorable Characterization:			
Record Supports Narrative Reason:			
Date Applicant Responded to Notification:		20031022
Rights Elected at Notification:
Consult with Counsel			
Administrative Board			
Obtain Copies	  			
Submit Statement(s)			
GCMCA Review				
Board Date:					NOT APPLICABLE
Finding of Administrative Board:			NOT APPLICABLE 
Recommendation of Commanding Officer (date):	NOT APPLICABLE       
Discharge directed by (date):			COMMANDING OFFICER 20031027
Narrative reason directed:				
Characterization directed:				 
Date Applicant Discharged:			20031030 

Additional Information Considered by Board

Type of documentation submitted by the Applicant and considered by the Board
       
       	Document Type					#Pages
       Related to Period of Service:
	Service/Medical Record:				4
	Other Period of Service:				     
       Related to Post-Service Period:
	Community Service:				     
	Education:					     
	Employment:					1
	Health/Medical:					2
	Character Statements:				5
	Criminal Records Checks:				     
	Additional Statements from Applicant:		3
        Other Documentation	 (Describe Below)		     

        Total Number of Pages:				15

       Description of Other Documentation:
            

For Personal Appearance Hearings only:
Applicant Testified:  
Applicant Available for Questions:  
Witnesses:        
Observers:        

Discussion

Propriety and Equity
There is a presumption of regularity in the conduct of Government affairs.  This presumption will be applied in any review unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant.  After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Service Record Entries, Medical Record Entries, Elements of Discharge and evidence submitted by the Applicant, the Board found the Applicant’s discharge proper and equitable.

The Applicant requested an upgrade of the characterization of his service to General or Honorable.  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 2 months in the military to warrant a change of discharge to honorable.  

Applicant’s Issues:
1.  Equity – Misled doctors as to extent of disability to obtain discharge
2.  Equity – Wants RE Code Change

Acceptance of Applicant’s Issues:
The Board accepted Issue 1 for consideration.  

Issue 1 (Equity)

The Applicant wants a change to his Narrative Reason for discharge because he was not an erroneous enlistment.  He argues that although he did suffer from Attention Deficit Disorder, he misled his doctor as to the extent of his disability in order to obtain a discharge.  The Applicant was diagnosed with "Attention Deficit Disorder and EPTE Cyclothymic Disorder” by competent medical authority at the Recruit Mental Health Clinic, Great Lakes, IL, and was recommended for entry level separation from the Navy due to disqualifying psychiatric condition.  Thus, the Board finds that the Reason for Discharge reflects the Applicant's mental health status at the time of his discharge, and was proper and equitable at the time of issuance.  "Erroneous Entry" is an accurate narrative description of the reason for the Applicant's discharge.  Applicant’s contentions that it was not an accurate diagnosis and that he no longer suffers from the disorder do not provide a legitimate basis to revise official records that were accurate at the time of issuance.  Relief denied.
  
Regarding the Applicant’s Issues 2, the Board determined that  which can form the basis of relief for the Applicant or that the Board did not have the authority to grant the relief for which the Applicant petitioned.  The Applicant is directed to the Addendum regarding this Issue.  

Pertinent Regulation/Law

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 II, Para 211, Regularity of Government Affairs,  Part V, Para 502, Propriety  and  Para 503, Equity.