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NAVY | DRB | 2000_Navy | ND00-00645
Original file (ND00-00645.rtf) Auto-classification: Denied


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

ex-SA, USN
Docket No. ND00-00645

Applicant’s Request
The application for discharge review, received 000424, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. The applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 001102. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service. The Board’s vote was unanimous that the character of the discharge shall not change. The discharge shall remain: UNCHARACTERIZED (ENTRY LEVEL SEPARATION)/ERRONEOUS ENTRY - DRUG ABUSE, authority: NAVMILPERSMAN, Article 1910-130 (formerly 3620280).



PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. To whom it may concern, I have a lot of dreams, and goals that should have been accomplished by now. We all make mistakes, big and small. But what are mistakes if we don't learn and grow from them. The worse mistake of my life, has come and gone. Although day to day I continued to live with it. On July 1, 1999 I V____ D. M____ was separated from the U.S. Navy. For this I have let my father down, my mother and the community, as well as myself. It would be an honor just to have the chance again to join the U.S. Navy. Since my mistake, I have changed my way of life. I've coached two seasons of little league basketball, and one year of football. Many of the young kids look at me as a role model. I take pride in that, and do my best to set a good example for our youth. The Navy is my highest long term goal. I see my entire career as a sailor. The education is priceless and the dreams and adventures lives within you forever. I ask you to allow me another chance to prove my family, myself and to you my desire to serve this country and the U.S. Navy.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Copy of DD Form 370
Personal Recommendation Letter
Employment Reference Letter

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     980617 - 990701  COG

 Period of Service Under Review :
Date of Enlistment: 990617               Date of Discharge: 990701

 Length of Service (years, months, days):

         Active: 00 00 15
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 35

 Highest Rate: SA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NOB                  Behavior: NOB             OTA: NOB

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: None

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNCHARACTERIZED (ENTRY LEVEL SEPARATION)/ERRONEOUS ENTRY - DRUG ABUSE, authority: NAVMILPERSMAN, Article 1910-130 (formerly 3620280).

 Chronological Listing of Significant Service Events :
990618:  Record of Military processing Armed Forces of the United State, Block #26, Applicant states he used marijuana 3 times, last time used was May 15, 1998 in Lake City, FL. Rejected any further use.

990619:  Report of Medical History indicates applicant revealed marijuana use 3 x 4 times, last use May 15, 1998.
990623:  NAVDRUGLAB Great Lakes, IL urinalysis report indicates applicant tested positive for marijuana.
990625:  Applicant notified of intended recommendation for discharge with an uncharacterized service by reason of defective enlistment and induction due to erroneous enlistment as evidenced by a confirmed positive entrance urinalysis for marijuana.
990625:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

990628:  Commanding officer recommended discharge with an uncharacterized service by reason of defective enlistment and induction due to erroneous enlistment as evidenced by a confirmed positive entrance urinalysis test result for marijuana

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 990701 with an entry level separation (uncharacterized) due to erroneous enlistment - drug abuse(A). The Board presumed regularity in the conduct of governmental affairs (B). After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).

In response to the applicant’s issue, the Board found no reason to change the applicant’s discharge. In order to qualify for an honorable discharge, the applicant must have served a minimum of 180 days of active duty; the applicant served only fifteen days. Concerning the reason for discharge (drug abuse), the applicant used marijuana at least three times prior to his enlistment which was evidenced on a positive entrance urinalysis test. The Board determined that the characterization of Uncharacterized (Entry Level Separation)/Erroneous Entry – Drug Abuse is proper and equitable. Relief denied.

 Pertinent Regulation/Law (at time of discharge)

 A. The Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective 12 Dec 97 until PRESENT, Article 1910-130 (formerly 3620280), Separation by Reason of Defective Enlistments and Inductions - Erroneous Enlistment.

B. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

C. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

D. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

PART IV - INFORMATION FOR THE APPLICANT
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 Directive 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Directive. You should read Enclosure (5) of the Directive 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 Directive 1332.28 and other Decisional Documents by going online at " afls14.jag.af.mil ".

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:

                  Naval Council of Personnel Boards
                  Attn: Naval Discharge Review Board
                  720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023      


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