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NAVY | DRB | 2000_Navy | ND00-00816
Original file (ND00-00816.rtf) Auto-classification: Denied


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

ex-AR, USNR
Docket No. ND00-00816

Applicant’s Request
The application for discharge review, received 000614, requested that the characterization of service on the discharge be changed to honorable or general/under honorable conditions. 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 010111. 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: ENTRY LEVEL SEPARATION/Erroneous enlistment - enlisted, reenlisted, extended, or inducted in error), authority: NAVMILPERSMAN, Article 3620280.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. Going to the United States Navy means allot to me. It has been and still is a dream or goal of mine to be in the navy. Ever since I was a little kid that is what I wanted and still want to do. When I graduated from high school, my decision was to go to the navy. A few weeks prior to joining the navy I made the biggest mistake of my life. People make mistakes growing up and I'll be the first to admit, I made a big mistake. I smoked marijuana with people whom I though was my friend at the time. I joined the navy and left about ten days later. I told them at boot camp that I smoked marijuana about 30 days ago. My drug test came back positive and I was told that I had to be released from the navy. I was so depressed and sad, that there was no words that can describe the way I felt. To reach my dream and than do something so stupid, was very disappointing to me. Since than I've worked at a few different jobs, but I'm just really not satisfaction. It's clear to me that the navy is where I want to be, because here it is eight years later and that's still what I want to do. I have been working with Petty Officer H_ my recruiter for approximately eight months now. We have been trying everything possible to get me back into the navy. When he told me I can do this request I became very excited as this provides me another chance to achieve my dreams and goals with the U.S. Navy. I hope that you can see my desire in wanting to serve and allow me the chance to correct my mistakes and prove to the navy that I can be an excellent sailor. I believe now that I'm 27 years of age I can make better decisions and I'm alot more mature. If given another chance, I can assure you that I'll make the best of it. Going to the navy will give me an opportunity to take advantage of the great things that they have to offer. I would like to learn a good trade, go to college, travel and many more things. Again I'm asking you to please give me another chance. I realized I've learned a big lesson from that experience. I believe I can be a great person for the U.S. navy. I am a hard worker and will do everything I can to excel and become a top performer. I can do some nice things for the navy and I'm sure they will do right by me. I thank you for your time and consideration in this matter. Sincerely and respectfully submitted,

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Character reference dated June 6, 2000

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     920430 - 920706  COG

 Period of Service Under Review :
Date of Enlistment: 920707               Date of Discharge: 920723

 Length of Service (years, months, days):

         Active: 00 00 17
         Inactive: None

 Age at Entry: 20                          Years Contracted: 8

 Education Level: 12                        AFQT: 32

 Highest Rate: AR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMA                  Behavior: NMA             OTA: NMA

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

Days of Unauthorized Absence: None

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

ENTRY LEVEL SEPARATION/Erroneous enlistment - enlisted, reenlisted, extended, or inducted in error, authority: NAVMILPERSMAN, Article 3620280.

 Chronological Listing of Significant Service Events :

 920713:  Memorandum from Drug and Alcohol Program Advisor, Recruit Training Center: Report of urinalysis testing: Applicant tested positive for THC.
920715:  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 positive accession urinalysis as confirmed by NAVDRUGLAB Great Lakes, IL urine sample custody document dated July 10, 1992 for marijuana.
920715:  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.

UNDATED:         Commanding officer recommended discharge with an uncharacterized service by reason of defective enlistment and induction due to erroneous enlistment. Commanding officer’s comments: It is evident that this recruit has effected an erroneous enlistment. Therefore, I hereby authorize that this recruit be separated from the naval service with an Entry Level Separation.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 920723 with an entry level separation for defective enlistment and induction due to erroneous enlistment (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 issue (statement) raises no decisional issues for the Board’s consideration. The discharge accurately characterizes the applicant’s service. The applicant tested positive for THC at Boot Camp. Relief is not warranted.

The applicant states in his documentation that he requests a RE Code change to permit reenlistment. The NDRB does not have the authority to change RE Codes. The applicant is encouraged to check with his recruiter for current enlistment requirements.

Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 9, effective 15 Aug 91 until 4 Mar 93, Article 3620280, SEPARATION OF ENLISTED PERSONNEL 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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