ex-SN, USN
ND06-01182

Current Discharge and Applicant’s Request:

Application Received:  				20060912
Characterization of Service:			
Narrative Reason for Separation:			ERRONEOUS ENTRY (OTHER)
Discharge Authority:				MILPERSMAN 1910-130
Last Duty Assignment/Command at Discharge:	RECRUIT TRAINING COMMAND, GREAT LAKES, IL

Applicant’s Request:	
	Characterization change to:		
	Narrative Reason change to: 		
	Review Requested:			
	Representation:				

Decision:

Date of Decision:					20070628
Location of Board:				Washington D.C.
Complete Service Record:				
Complete Medical Record:			
Complete Discharge Package:			

Regarding propriety, the Board found the discharge:	
Regarding equity, the Board found the discharge:	

By a vote of  the Characterization shall  .	
By a vote of  the Narrative Reason shall  ERRONEOUS ENTRY (OTHER).

Summary of Service:

Prior Service:
Inactive: USNR (DEP)				20030626 - 20040414  
Active:   					       

Period of Service Under Review:
Date of Enlistment:  				20040415
Years Contracted:  				;        
Date of Discharge:				20040708
Length of Service
	Active:					00  Yrs  02  Mths  24  Dys  (does not exclude lost time)
	Inactive:					NONE  

Time Lost During This Period:			  	

Education Level:  				
Age at this Enlistment:  				
AFQT:  						61
Highest Rate/Rank:				SN

Performance Evaluation Averages (number of marks):	NOT APPLICABLE

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

*Service Record denotes award of the NATIONAL DEFENSE SERVICE MEDAL

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

None.

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

20040506:	Recruit Evaluation Unit, Naval Hospital Great Lakes.  Applicant referred to Neurology to evaluate REM sleep behavior (violent involuntary head banging into pillow).  Mental evaluation within normal limits.  Returned to duty.

20040518:	Division of Neurology, Naval Hospital Great Lakes.  Evaluation for possible parasomnia…reported to ‘bang’ his head into his pillow while sleeping…every night since shortly after arriving to boot camp…no further associated symptoms…had this for a period around 12 yo…feels under a lot of stress at boot camp…feels ‘panicky’ almost all the time while awake since arriving to boot camp…denies any further difficulties.
	Impression:  …appears to be emotionally based…not suggestive of a REM behavior disorder or further parasomnia…needs to work with psychology/psychiatry to uncover and deal with emotional issues…
	Plan:  …F/U with referring psychologist for further eval/Tx…no neurology F/U indicated at this time.

20040519:	Recruit Mental Health, Naval Hospital Great Lakes.  Applicant interviewed and evaluated this date.  …returned to duty.  Mental Status Exam within normal limits…thoroughly assessed to rule out suicidal and homicidal risk…

20040622:	Recruit Evaluation Unit, Naval Hospital Great Lakes.  Applicant referred by training pool staff due to “intense fear of water…refused to train and loses his temper on the pool deck.”  Applicant revealed history of specific phobia prior to naval service (…at age 15, he was pushed into the deep end of a public pool and “almost drowned.” …extracted by a camp counselor…taken to a local hospital…never been in a pool again until…RTC.
	Assessment…Diagnosis:  Axis I:  Specific Phobia natural environment, 300.29, EPTS.
	Axis II:  No diagnosis.
	NRAM-SAC:  Positive 191(GEY)-Psych (Pre-Serv)
	Plan & Recommendation:  1. Entry level separation due to disqualifying psychiatric condition affecting potential for performance of expected duties and responsibilities while on active duty, and poses risk if retained in USN….

Elements of Discharge:  [INVOLUNTARY]

Discharge Process:				
Date Notified:					20040625
Reason for Discharge				  due to:  								
Least Favorable Characterization Authorized:	

Date Applicant Responded to Notification:		20040625
Rights Elected at Notification:
Consult with Counsel			
Obtain Copies	  			
Submit Statement(s) (date)			       
GCMCA Review				

Commanding Officer Recommendation (date):	 
Separation Authority (date):	COMMANDING OFFICER, RECRUIT TRAINING COMMAND (Date not legible)
	Narrative reason directed:			
	Characterization directed:			UNCHARACTERIZED
Date Applicant Discharged:			20040708

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 Under Review:
	Service/Medical Record:				1
	Other Period of Service:				     
       Related to Post-Service Period:
	Community Service:				     
	Education:					1
	Employment:					     
	Health/Medical:					     
	Character Statements:				     
	Criminal Records Checks:				     
	Additional Statements from Applicant:		     
        Other Documentation	 (Describe Below)		1

        Total Number of Pages:				3

       Description of Other Documentation:  Ltr from BCNR dated 20060516

Applicant’s Issues as Summarized by the Board:
1.  Discharge disproportionate, could have overcome phobia.
2.  Post-service conduct (have overcome phobia since discharge and contributing member of society).

Decisional Issues:

Issue 1 ().  The Applicant was properly diagnosed with a phobia of water, existing prior to his entry into service, which disqualified him for service in the Navy.  Had that phobia been known prior to entering service, he would not have been allowed to enter into service.  Therefore, the Applicant’s entry into service occurred in error, through no fault of the Applicant, and his discharge on the grounds of erroneous enlistment was appropriate.  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 3 months in the military to warrant a change of discharge to honorable.  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.  Relief is not warranted on this issue.

Issue 2 ().  The Applicant’s uncorroborated assertion that he has overcome his phobia does not mean that he was improperly discharged.  His assertion, if true, means that he did in fact have the phobia while in the service and reinforces the conclusion that the decision to discharge him was proper and equitable at the time.  There is no law or regulation which provides that a discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service.  The NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge to the extent that such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review.  Verifiable proof of post-service accomplishments must be provided in order for the Applicant to claim post-service conduct and behavior as a reason to upgrade a less than honorable discharge.  At this time, the Applicant has not provided sufficient documentation for the Board to consider an upgrade.  Further, the Board re-emphasizes to the Applicant that an uncharacterized entry level of separation is not considered an “unfavorable” discharge.  Relief is not warranted on this issue.

In reviewing discharges, the Board presumes regularity in the conduct of Government affairs 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.

Minority Opinion

Pertinent Regulation/Law

A.  Naval Military Personnel Manual Article.  The Naval Military Personnel Manual, (NAVPERS 15560C), re-issued October 2002, effective 22 Aug 02 until 19 June 2005, 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.

ADDENDUM:  Information for the Applicant

Complaint Procedures:  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.”

Additional Reviews:  Subsequent to a document review, former members are eligible for a personal appearance hearing, provided the 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.  If a former member has been discharged for more than 15 years, has already been granted a personal appearance hearing or has otherwise exhausted his opportunities before the NDRB, the Applicant may petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100 for further review.

Service Benefits:  The Veterans Administration determines eligibility for post-service benefits, not the Naval Discharge Review Board.  There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits and this issue does not serve to provide a foundation upon which the Board can grant relief.

Employment/Educational Opportunities:  The Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities.  Regulations limit the Board’s review to a determination of the propriety and equity of the discharge.  

Reenlistment/RE-code:  Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, 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.  Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities.  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.

Medical Conditions and Misconduct:  DoD disability regulations do not preclude a disciplinary separation.  Appropriate regulations stipulate that separations for misconduct take precedence over potential separations for other reasons.  Whenever a member is being processed through the Physical Evaluation Board, and subsequently is processed for an administrative involuntary separation for misconduct, the disability evaluation is suspended.  The Physical Evaluation Board case remains in suspense pending the outcome of the non-disability proceedings.  If the action includes either a punitive or administrative discharge for misconduct, the medical board report is filed in the member’s terminated health record.  Additionally, the NDRB does not have the authority to change a narrative reason for separation to one indicating a medical disability or “PTSD.”  Only the Board for Correction of Naval Records can grant this type of narrative reason change.  

Automatic Upgrades - 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 may be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, credible evidence of a substance free lifestyle and certification of non-involvement with civil authorities.  

Issues Concerning Bad-Conduct Discharges (BCD) – Because relevant and material facts stated in a court-martial specification are presumed by the NDRB to be established facts, issues relating to the Applicant’s innocence of charges for which he was found guilty cannot form a basis for relief.  With respect to a discharge adjudged by a court-martial, the action of the NDRB is restricted to upgrades based on clemency.  Clemency is an act of leniency that reduces the severity of the punishment imposed.  

Board Membership:  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