ex-FR, USN
ND07-00060

Current Discharge and Applicant’s Request:

Application Received:  				20061012
	Characterization of Service:		 (ENTRY LEVEL SEPARATION)
	Reason for Discharge:			ERRONEOUS ENTRY (OTHER)
	Discharge Authority:			MILPERSMAN 3620280
	Duty Assignment/Command at Discharge:	RTC GREAT LAKES IL

Applicant’s Request:	
	Characterization change:			
	Narrative Reason change:	 		
	Review Requested:			
	Representation:				VETERANS SERVICE OFFICE, Roseburg Or
	Issues (as summarized by NDRB):		1.  Errors on Administrative Separation Recommendation, (DUI, expelled 						from school, received counseling, witness to homicide, claims these are 						not his statements), questions validity of diagnosis.
						2.  Medical discharge or PTSD would have been more appropriate
						3.  Request copy of discharge physical and PEB.

Decision:

By a vote of  the Characterization shall   .	
By a vote of  the Reason for Discharge shall  ERRONEOUS ENTRY.

Date of Decision:					20070830
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:	

Discussion

Decisional Issues:

Issue 1 ():  The Applicant contends that false or incorrect information was utilized as the basis for his diagnosis with a disqualifying psychiatric condition.  The government enjoys a presumption of regularity in the conduct of its affairs.  The Applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his claim.  The Applicant submitted an Oregon State Police report and transcripts from his high school as evidence that he has not received a DUI nor been expelled from school.  A diagnosis made by competent medical authority is presumed by the NDRB to be established facts.  In this case the Applicant was properly diagnosed by competent medical authority with a psychiatric condition rendering him unsuitable for naval service.  Subsequently he waived his right to consult an attorney and was properly discharged in accordance with the Naval Military Personnel Manual Article 1910-130 resulting in an uncharacterized entry level separation characterization of service.  

For the information of the Applicant, 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 two months of service to the U. S. Navy which would warrant a change of service characterization to honorable.  

Issue 2 ():  The Applicant contends, that a medical discharge or PTSD would have been a more appropriate reason for discharge.  Per regulations the initiation and submission of medical boards are at the discretion of the individual physician.  There is no indication in the evidence of record or in the documentation submitted by the Applicant that the Applicant was recommended for or processed for a medical board.  Further the evidence of record does not indicate that proper authority erred by not initiating a medical board/medical discharge for the Applicant.  There is no reference to PTSD in the Applicant’s medical record and the Applicant did not submit documentation of PTSD.  Even if the Applicant could prove PTSD this is not a valid reason for separation.  Therefore, the Board found the Applicant’s issue without merit.  

Issue 3:  The Applicant requested medical records.  These records are not in the possession of the NDRB and the NDRB does not have the authority to distribute medical records.  The Board recommends that the Applicant contacts the Department of Veterans Affairs, Service Medical Records Center, at P. O. Box 502, St. Louis Mo 63132-8950 to make this request.

The Applicant should also 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.

Summary of Service:

Prior Service:
Inactive: USNR (DEP)				19990908 - 19991006  
Active:   										

Period of Service Under Review:
Date of Enlistment:  				19991007
Years Contracted:  				
Date of Discharge:				19991129
Length of Service
	Active:					00 Yrs 01 Mths 23 Dys (does not exclude lost time)
	Time Lost During This Period:		

Education Level:  				
Age at this Enlistment:  				
AFQT:  						62
Highest Rate/Rank:				FR

Performance Evaluation Averages (number of marks):
						Performance: N/A Behavior: N/A OTA: N/A

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

Service Record Entries Related to Characterization of Service or Reason for Discharge

19991116:	Recruit Mental Health.  
	Diagnosis:	Anti Social Personality Disorder
 	Recommendation:  Entry level separation is effected because of a disqualifying psychiatric condition.  The Applicant is not suitable for continued training and poses further risk if retained.  

Elements of Discharge:  [INVOLUNTARY]

Date Notified:					19991122
Reason for Discharge	 -  as evidenced by an anti-social personality disorder.
	
Least Favorable Characterization Authorized:	

Date Applicant Responded to Notification:		19991122
Rights Elected at Notification:
Consult with Counsel			
Obtain Copies of Documents		
Submit Statement (date)			      

Separation Authority (date):	COMMANDING OFFICER, RECRUIT TRAINING COMMAND (19991123)
	Reason for discharge directed:		 - 					 AS EVIDENCED BY 		AN ANTI-SOCIAL PERSONALITY DISORDER
	Characterization directed:			ENTRY LEVEL SEPARATION
Date Applicant Discharged:			19991129

Additional Documents Submitted by Applicant and Considered By Board

Total Number of Pages:				23
       
Related to Period of Service Under Review:
	From Service and/or Medical Record:		Other Records:	

Related to Other Period(s) of Service:
	From Service and/or Medical Record:		Other Records:	
       
Related to Post-Service Period:
	Employment:					Finances:	
	Health/Medical Records:				Substance Abuse:	
	Family/Personal Status:				Education:	 High School Transcript
 	Community Service Efforts:			References:	
	Criminal Records:			 Oregon State Police 

Other:
	Additional Statements From Applicant:		From Representative:	
        	Other Documentation (Describe)		 Oregon Statewide Writing Assessment Official Test Scores

Pertinent Regulation/Law

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 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