Search Decisions

Decision Text

NAVY | DRB | 2000_Navy | ND00-00740
Original file (ND00-00740.rtf) Auto-classification: Denied


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

ex-RMSA, USN
Docket No. ND00-00740

Applicant’s Request
The application for discharge review, received 000712, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a personal appearance hearing discharge review in the Washington Capital Region. The applicant did not list any representative on the DD Form 293, but subsequently elected the American Legion as his representative. In the acknowledgement letter to the applicant, he was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010104. 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: UNDER HONORABLE CONDITIONS (GENERAL)/Fraudulent entry, authority: NAVMILPERSMAN, Article 3630100.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. (Equity Issue) This former member opines that it is unjust to be discharged for pre-service misconduct when his active duty service was satisfactory. On this basis, he avers that upgrade of his character of service to full honorable is warranted.

2. (Equity Issue) This former member further requests that the Board include provisions of SECNAVINST 5420.174C., enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of his application.

 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, type of discharge):
         Active: None
         Inactive: USNR (DEP)     900104 - 900401  COG

 Period of Service Under Review :
Date of Enlistment: 900402               Date of Discharge: 911127

 Length of Service (years, months, days):

         Active: 01 07 26
         Inactive: None

 Age at Entry: 22                          Years Contracted: 4

Education Level: 13                        AFQT: 25

 Highest Rate: SA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.8 (1)     Behavior: 2.9 (2)                 OTA: 2.8

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SWASM (w/Bronze Star), SSDR

Days of Unauthorized Absence: None

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

UNDER HONORABLE CONDITIONS (GENERAL)/Fraudulent entry, authority: NAVMILPERSMAN, Article 3630100.

 Chronological Listing of Significant Service Events :

900104:  Report of Medical Examination upon entry: Applicant failed to disclose treatment for a mental condition.
900402:  USN Alcohol and Drug Abuse Screening Certificate (NAVCRUIT 1133/7): Applicant failed to disclose pre-service drug abuse.
900705:  DOD Personnel Security Questionnaire: Applicant failed to disclose pre-service drug usage and treatment of mental, emotional, psychological, or personality disorder.
901024:  NJP for violation of UCMJ, Article 86: on or about 0745, 90OCT02 - 1700, 90OCT02, member did, without authority, absent himself from his organization.
         Award: Forfeiture of $150 per month for 1 month, restriction for 30 days. No indication of appeal in the record.
901024:  Counseling: Advised of deficiency and/or conduct (violation of UCMJ Article 86 - unauthorized absence for a period of less than 24 hours), notified of corrective actions and assistance available and advised of consequences of further deficiencies, and issued discharge warning .

910628:  Navy Central Adjudication Facility, WASHDC advised applicant , via PSA, San Diego, CA, of his ineligibility for a security clearance due to disqualifying information, specifically: acts of omission or commission that indicate poor judgment, lack of reliability or lack of trustworthiness; any behavior or illness, including any mental condition, which, in the opinion of competent medical authority, may cause defect in judgment or reliability…(89AUG14 - Medical Center Hospital, San Antonio, TX disclosed applicant admitted to Psychiatric Ward and discharged from hospital on 89AUG29 with diagnosis of Schizophreniform Disorder); habitual or episodic use of intoxicants to excess, illegal or improper use, possession, transfer, or addiction to any controlled or psychoactive substance, narcotic, cannabis or other dangerous drug (during the interview on 90SEP14, applicant stated consumed alcohol between six to fifteen beers daily and during re-interviews on 90DEC12, 91FEB14, 15, and 19 applicant admitted smoking marijuana on weekly basis for six months period from 1982 through 1983, didn't use it again until Jan 87 on a monthly basis from Jan 87 to Sep 89, further stated marijuana was free from friends but did trade a radio, value of $60 once, stated was present a number of occasions for cocaine sales conduct in and around bars - no participation in transactions, except once - acted as a middle-man); knowing and willful falsification, cover-up, concealment, misrepresentation, or omission of material fact from any written or oral statement, document, form or other representation or device used by the DoD or any other Federal agency (upon entry, denied any other illegal drug use, admitted had lied under oath about the extend of marijuana use and intentionally concealed additional usage on previous sworn statement made to DIS on 12DEC90 out of fear would not be given a security clearance).

911112:  Applicant notified of intended recommendation for discharge with under honorable conditions (general) by reason of defective enlistment and induction due to fraudulent entry.
911112:  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.

911127:  CO, USS WHIPPLE advised BUPERS that applicant was discharged with an under honorable conditions (general) by reason of defective enlistment and induction due to fraudulent entry. Commanding officer's comments (verbatim): "SA (Applicant)'s past history of drug abuse, fraudulent enlistment, and adverse psychological evaluations have damaged his credibility and compromised his personal integrity. He can no longer be relied upon in a position of utmost trust and confidence as a radioman aboard a naval vessel or as a sailor in the United States Navy. This command cannot, in good faith, condone SA (Applicant)'s denial of past drug abuse or history of treatment for mental health illness as evidenced by enclosures (4) through (15). Therefore, I have administratively separated SA (Applicant) by reason of defective enlistments and inductions due to fraudulent entry into the naval service. General Discharge awarded, 27 November 1991."

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 911127 under honorable conditions (general) by reason of defective enlistment and induction due to fraudulent entry (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).

 The applicant’s representative submitted the following as issue 1: (Equity Issue) This former member opines that it is unjust to be discharged for pre-service misconduct when his active duty service was satisfactory. On this basis, he avers that upgrade of his character of service to full honorable is warranted. The Board found that the applicant, by failing to disclose pre-service drug use and a mental disorder and by violating UCMJ Art 86 for unauthorized absence, is deserving of a general (under honorable conditions ) discharge. No relief will be granted concerning this issue.
The applicant’s representative submitted the following as issue 2: ( Equity Issue ) This former member further requests that the Board include provisions of SECNAVINST 5420.174C., enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of his application. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge. However, 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 the civilian life subsequent to leaving the service. Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question. Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, is considered. The applicant provided a list of character references and copies of ID’s, etc. as documentation of his post-service. The applicant's efforts need to be more encompassing than those provided. The applicant should have produced evidence of continuing educational pursuits, a verifiable employment record, documentation of community service, certification of non-involvement with civil authorities and proof of his not using drugs in order for consideration for clemency based on post-service conduct. At this time the applicant has not provided sufficient documentation of good character and conduct. Therefore no relief will be granted. He is encouraged to continue with his pursuits and is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. Relief denied.




Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 7/86, effective
16 Dec 86 until 19 Dec 93, Article 3630100, SEPARATION OF ENLISTED PERSONNEL BY REASON OF DEFECTIVE ENLISTMENTS AND INDUCTIONS DUE TO FRAUDULENT ENTRY INTO NAVAL SERVICE.

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      


Similar Decisions

  • NAVY | DRB | 2003_Navy | ND03-00307

    Original file (ND03-00307.rtf) Auto-classification: Denied

    After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB; however due to an administrative error, the Applicant’s DD Form 214 reflects characterization of service as “General (Under Honorable Conditions) instead of “Entry Level Separation” and appropriate action will be taken to correct the error. In accordance with reference (b) (NAVOP...

  • NAVY | DRB | 1999_Navy | ND99-00003

    Original file (ND99-00003.rtf) Auto-classification: Denied

    Chronological Listing of Significant Service Events :900103: Application for Enlistment (DD Form 1966): Applicant failed to disclose any pre-service civil offenses.900425: Applicant provided a statement to Defense Investigative Service revealing pre-service civil arrest.900619: Applicant notified of intended recommendation for discharge under honorable conditions (general) by reason of defective enlistment and induction due to fraudulent entry as evidenced by failure to reveal at the time of...

  • NAVY | DRB | 2003_Navy | ND03-01105

    Original file (ND03-01105.rtf) Auto-classification: Denied

    “Under Narrative Reason for Seperation: Fraudulent Entry to the best of my knowledge I did nothing to constitute a fraudulent Enlistment resulting in this discharge.” Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Copy of DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USNR (DEP) 870723 - 880131 COG Active: USN None Period of Service Under...

  • NAVY | DRB | 2004_Navy | ND04-00152

    Original file (ND04-00152.rtf) Auto-classification: Denied

    Issues, as stated Applicant’s issues, as stated on the application: “I was 18 years old when I received this discharge and was advised that this discharge can be changed to a general if I maintained a clean civil record.” Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Letter from Applicant dated October 21, 2003 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of...

  • NAVY | DRB | 2004_Navy | ND04-00383

    Original file (ND04-00383.rtf) Auto-classification: Denied

    Entry Level Separation’ based on the following facts: 1) the applicant was issued a waiver 6 days after the applicant initial enlistment date, and 4 days before he read and signed the Navy’s Drug and Alcohol Abuse Statement , and 2) the applicant had no other adverse actions on record warranting a discharge, and therefore the applicant should have been allowed to remain in the Navy, but since he was not he requests an Entry Level Separation ! On 20 Aug 1992, Applicant was issued a NAVPERS...

  • NAVY | DRB | 2004_Navy | ND04-00616

    Original file (ND04-00616.rtf) Auto-classification: Denied

    Thank you for your time in reading this letter and please consider my request.” Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:None PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USNR (DEP) 940713 - 950705 COG Active: USN None Period of Service Under Review :Date of Enlistment: 950706 Date of Discharge: 970430 Length of Service (years, months,...

  • NAVY | DRB | 2001_Navy | ND01-00799

    Original file (ND01-00799.rtf) Auto-classification: Denied

    PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 921110 with an under honorable conditions (general) by reason of defective enlistment and induction due to fraudulent entry (A). At this time the applicant has not provided sufficient documentation of good character and conduct. 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...

  • NAVY | DRB | 2002_Navy | ND02-00539

    Original file (ND02-00539.rtf) Auto-classification: Denied

    ND02-00539 Applicant’s Request The application for discharge review, received 020321, requested that the characterization of service on the discharge be changed to honorable. (Equity Issue) This former member further requests that the Board include provisions of SECNAVINST 5420.174C, enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of this application. The Applicant can provide additional documentation to support any claims of post-service...

  • NAVY | DRB | 2001_Navy | ND01-00458

    Original file (ND01-00458.rtf) Auto-classification: Denied

    Decision A documentary discharge review was conducted in Washington, D.C. on 010817. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of DD Form 214 Statement from applicant PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: None Period of Service Under Review :Date of Enlistment: 890807 Date of Discharge: 891006 Length of Service (years,...

  • NAVY | DRB | 2004_Navy | ND04-00053

    Original file (ND04-00053.rtf) Auto-classification: Denied

    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...