DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 7727-11
4 August 2012
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code, Section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considere@a your
-application on 2 August 2011. The names and votes of the
members of the panel will be furnished upon request. Your
allegations of error and injustice were reviewed in accordance
with administrative regulations and procedures applicable to the
proceedings of this Board. Documentary material considered by
the Board consisted of your application, together with all
material submitted in support thereof, your naval record, and
applicable statutes, regulations, and policies.
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps Delayed Entry Program (DEP) on
31 May 1996 at age 17. Prior to your enlistment in the DEP, on
or about 24 May 1996, you signed enlistment documents stating, in
part, that you did not receive medical screening for treatment of
a mental condition and/or disorder, and that you had not
consulted with a mental health professional within a seven-year
timeframe.
On 11 August 1997, at the age of 18, began a period of active
duty. You served without disciplinary incident until 6 October
1998, .when you received nonjudicial punishment (NJP) for failure
to obey a lawful order by wrongfully wearing an earring. The
punishment imposed was a $463 forfeiture of pay and reduction to
paygrade E-1.
On 5 May and again on 21 June 1999 you were counselled regarding
deficiencies in your performance and conduct, specifically, being
absent from your appointed place of duty on two occasions,
failure to obey a lawful order, failure to maintain a lawful
order, fraud against the government, presenting a false or
Fraudulent claim for payment, uttering a worthless check, failing
to maintain sufficient funds in your checking account,
disobedience, and unsatisfactory personal hygiene. On 17 August
1999 you were referred for a medical screening for alcohol and
drug abuse. You were diagnosed with alcohol dependence and drug
(marijuana) abuse and recommended for outpatient treatment.
About a month later, on 8 September 1999, you received NJP for a
12 day period of unauthorized absence (UA) and were awarded
restriction and extra duty for 30 days and a $443 forfeiture of
pay, which was suspended for six months. On 11 and 19 September
1999 you were suspected of reporting late for restriction on two
occasions, underage drinking by consuming beer while on
restriction, and failure to obey orders while on restriction. On
15 November 1991 you terminated your outpatient treatment and
_were recommended for an administrative separation.
In October 1999 you were the subject of an investigation
regarding the possibility of fraudulent enlistment as evidenced
by your failure to disclose your pre-service mental and medical
disorders and treatment at the time of your entry into the DEP.
As a result, you were recommended for an administrative
separation by reason of defective enlistment due to fraudulent
enlistment, drug abuse, and minor disciplinary infractions. You
were also recommended for further psychological counselling and
appropriate treatment for alcohol abuse/dependence.
Subsequently, you were notified of pending administrative
separation action by reason of misconduct due to a pattern of
misconduct and fraudulent enlistment. At that time you waived
your right to consult with legal counsel and to present your case
to an administrative discharge board (ADB). Your commanding
officer recommended discharge under other than honorable
conditions by reason of misconduct due to a pattern of misconduct
and fraudulent enlistment. On 3 May 2000 the discharge authority
approved this recommendation and directed separation under other
than honorable conditions by reason of misconduct, and on 13
August 2000 you were so discharged and assigned an RE-4
reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your other than honorable
discharge and change your RE-4 reenlistment code. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge or a change of your
reenlistment code because of your repetitive drug and alcohol
related misconduct and failure to disclose your mental and
medical disorders which resulted in your fraudulent enlistment.
Further, you were given an opportunity to defend your actions,
but waived your procedural right to present your case to an ADB.
Accordingly, your application has been denied.
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this regard, it is important to keep in mind that a
presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
Dea ea
W. DEAN PFE
Executive Di
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USMC | DRB | 2006_Marine | MD0600375
The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions). Assessment: Schizophrenia Personality Features. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 19981016 by reason of defective enlistment and induction due to a fraudulent entry - drug abuse (A) with a service characterization of uncharacterized.
NAVY | DRB | 2000_Navy | ND00-00740
Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Applicant's statement concerning V.A., requesting upgrade of discharge, change of reenlistment code to RE-1, and possible lawsuit (3 pages) List of Character References (5 individuals) Copies of ID's, business cards, pharmacy information, emergency shelter, case worker Copy of DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service,...
NAVY | BCNR | CY1999 | 02900-99
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 August 1999. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. On 9 December 1996, the Naval Discharge Review Board denied your request for changes in the characterization of service and the reason for discharge.
NAVY | DRB | 2002_Navy | ND02-01301
ND02-01301 Applicant’s Request The application for discharge review, received 20020911, requested that the characterization of service on the discharge be changed to general/under honorable conditions. As the representative, we ask that consideration be given to equitable relief, as this is a matter that involves a determination whether a discharge should be changed under the equity standards, to include any issue upon which the applicant submits to the Board’s discretionary authority,...
NAVY | DRB | 2000_Navy | ND00-00480
ND00-00480 Applicant’s Request The application for discharge review, received 000302, requested that the characterization of service on the discharge be changed General/under Honorable conditions or Entry level separation or uncharacterized. I did not do or use drugs prior to my military enlistment. The applicant did not provide any post-service documentation for the Board to consider.
NAVY | DRB | 2005_Navy | ND0501220
Based on patient report and review of DAPA records, patient had numerous ETOH related incidents. 030115: Applicant notified of intended recommendation for discharge by reason of Alcohol Abuse Rehabilitation Failure. 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
NAVY | DRB | 2002_Navy | ND02-01222
The Applicant requested a documentary record discharge review. Drug & Alcohol Problems while in the Navy. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant's DD Form 214 SF 180 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USNR (DEP) 850830 - 851209 COG Active: None Period of Service Under Review :Date of Enlistment: 851210 Date of Discharge:...
NAVY | DRB | 2004_Navy | ND04-00053
I am requesting that my RE-4 be changed to an RE-1 and that my Interservice Separation Code be changed from a 74 to 99, or another code that will allow me to get back in. Please change my DD 214 to allow me to serve my country with pride.” Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 Ten pages from Applicant’s service/medical records Applicant’s statement, dated April 16, 2003 PART...
NAVY | DRB | 2006_Navy | ND0600189
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