ex-AA, USN
ND07-00458

Current Discharge and Applicant’s Request

Application Received:  20070301 	Characterization Received:   (Entry level separation)
Narrative Reason:  FRAUDULENT ENTRY INTO MILITARY SERVICE (OTHER) 	Authority:  MILPERSMAN 1910-134

Applicant’s Request:	Characterization change to:  
			Narrative Reason change to: 
Applicant’s Issues:	1. Psychological reevaluation needed for reenlistment 
			2. Honest mistake in providing psychiatric history
 
Decision

By a vote of  the Characterization shall  .
By a vote of  the Narrative Reason shall  SECRETARIAL AUTHORITY.

Date:  20080117     	Location:  Washington D.C.	 Representation:  

Discussion

:  The Applicant is seeking a psychological reevaluation for reenlistment purposes.    which the Board does not have the authority to grant the relief for which the Applicant petitioned.  See the addendum for additional information on Reenlistment/RE-codes.

Issue 2 ().  The Applicant requested that the Board change the narrative reason for his separation to character disorder, contending that he did not fraudulently enlist into the Navy and that he made an honest mistake in failing to disclose information regarding counseling sessions he had with a social worker prior to his enlistment.  The Applicant is advised that there is no such specific narrative reason.  Pursuant to MILPERSMAN 1910-134, members may be separated for effecting a fraudulent enlistment, induction or period of service by falsely representing or deliberately concealing any qualifications or disqualifications prescribed by law, regulation or orders.  Upon reviewing the medical and service record, information received from Applicant, including letters written by the Applicant’s father and social worker, the Board determined that the Applicant did not fraudulently enlist into the Navy.  The records reflect that he did not have a diagnosis or history of psychiatric illness or treatment prior to entry into the Naval service.  The Applicant’s statement contained in the Psychological Evaluation of 20051101, that he had one visit with a psychologist at the age of 14 or 15, was incorrect based on his father’s statement that he had never seen a psychologist or psychiatrist and the social worker’s statement that she met with the Applicant when he was 14 years of age, at the request of his mother, to help him deal with his parents divorce.  Upon review of the transmittal letter of 20051108, it appears that the separation authority relied on the incorrect statement that the Applicant provided to the psychologist in making a determination that fraudulent enlistment had occurred.  After conducting a review of the Applicant’s service record and other evidence presented to the NDRB, the Board determined that relief is warranted under propriety grounds because an error of fact existed.  The Board has voted unanimously to change the narrative reason to “secretarial authority.”

Summary of Service

Prior Service:
Inactive: USNR (DEP)	20041206 - 20051003  		Active:   
Period of Service Under Review:
Date of Enlistment: 20051004	Years Contracted:  ; Extension:  	Date of Discharge:  20051114
Length of Service:  00  Yrs  01  Mths  11  Dys	Lost Time:  Days UA:    Days Confined:  
Education Level:  	Age at Enlistment:  	AFQT:  67	Highest Rank/Rate:  AA
Evaluation marks (# of occasions):	Performance:  N/A	Behavior:  N/A	 OTA:  N/A 
Awards and Decorations (per DD 214):  NONE

Medical/Service Record Entries Related to Characterization of Service or Basis for Discharge

20051101:	Medical Record:  Reason for visit:  Recruit Evaluation Unit administrative separation recommendation
	Diagnosis:  Personality disorder not otherwise specified, EPTS, with paranoid and avoidant traits.
	Recommendation:  Entry level separation due to disqualifying psychiatric condition affecting SR’s potential for performance of expected duties and responsibilities while on active duty.

Discharge Process

Date Notified:					20051104
Reason for Discharge:	 - 
	 - 
Least Favorable Characterization:	

Date Applicant Responded to Notification:		20051104
Rights Elected at Notification:
	Consult with Counsel			
	Obtain Copies of Documents		
	Submit Statement(s) (date)			
	Administrative Board			
	GCMCA review				

Commanding Officer Recommendation (date):	
Separation Authority (date):	COMMANDING OFFICER, RECRUIT TRAINING COMMAND, GREAT LAKES, IL (20051108)
              Reason for discharge directed:	 - 
              Characterization directed:	
Date Applicant Discharged:	20051114

Types of Documents Submitted by Applicant and Considered By Board

Related to Military Service:	Service and/or Medical Record:  		Other Records:  

Related to Post-Service Period:  	
	Employment:  			Finances:  			Education: 		
	Health/Medical Records:  		Substance Abuse:			Criminal Records:  	
	Family/Personal Status: 		Community Service:  		References:  		
	
Additional Statements From Applicant:  	From Representative:    Other Documentation (Describe) 

Pertinent Regulation/Law

A.  The Naval Military Personnel Manual, (NAVPERS 15560C), Change 11, effective 3 May 2005 until Present, Article 1910-134, 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 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 to the Joint Service Review Activity, OUSD (P&R) PI-LP, The Pentagon, Washington, DC  20301-4000.  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