Title: DEPARTMENT OF THE NAVY
Author: CAP
Last saved by: joyce.meeks
Company: NCPB

Docket No. ND06-01206

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

Docket No. NDXX-00000

ex-FR, USN
ND06-01206

Current Discharge and Applicant’s Request:

Application Received:  				20060920
	Characterization of Service:		UNCHARACTERIZED (ENTRY LEVEL SEPARATION)
	Reason for Discharge:			ERRONEOUS ENTRY - DRUG ABUSE
	Discharge Authority:			MILPERSMAN 3620280
	Duty Assignment/Command at Discharge:	RTC GREAT LAKES, IL

Applicant’s Request:	
	Characterization change to:		GENERAL (UNDER HONORABLE CONDITIONS)
	Narrative Reason change to: 		NONE REQUESTED
	Review Requested:			DOCUMENTARY REVIEW
	Representation:				NONE DESIGNATED
	Issues (as summarized by NDRB):		1.  Change RE-4 to RE-3.

Decision:

By a vote of 5-0 the Characterization shall  remain UNCHARACTERIZED.	
By a vote of 5-0 the Reason for Discharge shall remain ERRONEOUS ENTRY - DRUG ABUSE.

Date of Decision:					20070823
Location of Board:				Washington D.C.
Complete Service Record:				YES
Complete Medical Record:			YES
Complete Discharge Package:			YES

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

Discussion

Issue 1:  This is either an Issue which the Board cannot form the basis of relief for the Applicant, or one that the Board does not have the authority to grant the relief for which the Applicant petitioned.  The Applicant is directed to the Addendum regardingthis Issue.  

Decisional Issues:
The Applicant submitted no decisional issues.     

The NDRB under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the characterization of service and/or the reason for discharge if such change is warranted.  The Applicant’s urine sample was found to contain levels of THC.  Use of illegal drugs is not allowed in the U. S. Navy.  Therefore the Applicant was subsequently properly discharged in accordance with the Naval Military Personnel Manual Article 1910-130.  

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 one month in the U. S. Navy to warrant such a change.  

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)				20000315 - 20000321  COG
Active:  						 NONE

Period of Service Under Review:
Date of Enlistment:  				20000322
Years Contracted:  				4
Date of Discharge:				20000412
Length of Service
	Active:					0  Yrs  0  Mths  21  Dys  (does not exclude lost time)
	Time Lost During This Period:		NONE

Education Level:  				11
Age at this Enlistment:  				18
AFQT:  						53
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

20000330	NAVDRUGLAB, Great Lakes, IL, reported Applicant’s urine sample, received 20000323, tested positive for THC.

Elements of Discharge:  [INVOLUNTARY]

Date Notified:					20000403
Reason for Discharge	DEFECTIVE ENLISTMENT AND INDUCTION - ERRONEOUS ENLISTMENT
Least Favorable Characterization Authorized:	GENERAL (UNDER HONORABLE CONDITIONS)

Date Applicant Responded to Notification:		20000403
Rights Elected at Notification:
Consult with Counsel			WAIVED
Obtain Copies of Documents		ELECTED
Submit Statement(s) (date)			WAIVED
Administrative Board			WAIVED
GCMCA Review				NOT APPLICABLE

Separation Authority (date):	COMMANDING OFFICER, RECRUIT TRAINING COMMAND (20000404)
	Reason for discharge directed:		DEFECTIVE ENLISTMENT AND INDUCTION - 
						ERRONEOUS ENLISTMENT
	Characterization directed:			ENTRY LEVEL SEPARATION
Date Applicant Discharged:			20000412

Additional Documents Submitted by Applicant and Considered By Board

Total Number of Pages:				1
       
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:	☐
 	Community Service Efforts:		☐	References:	☐
	Criminal Records:			☐

Other:
	Additional Statements From Applicant:	☐	From Representative:	☐
        	Other Documentation (Describe)		☐      

Pertinent Regulation/Law

A.  The Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective 12 December 1997 until 12 June 2001, Article 1910-130, 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.

C.  The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article 112a (wrongful use of a controlled substance).

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