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NAVY | DRB | 2001_Navy | ND01-00386
Original file (ND01-00386.rtf) Auto-classification: Denied


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

ex-AR, USN
Docket No. ND01-00386

Applicant’s Request
The application for discharge review, received 010208, requested that the characterization of service on the discharge be changed to 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 010629. 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. I respectfully request to take the opportunity to explain my reason for presenting my situation for review. I arrived at Great Lakes on APR 12 00. It was a great experience, but the issue is my journey was cut short. I was pulled out of my division and sent to separations for the purpose of sending me home for reasons not clear to me.
Petty Officer B_, at legal, told me that my urinalysis came back positive for the used of drugs. I told her there was a mistake because I have not used drugs before, I do not know where this mistake occurred, but the reality of it is that I'm stuck here until you make a decision on my behalf I have faith that you will let me reenlist in the best Navy. Continue my journey, and allow me to graduate boot camp. The reason I joined the Navy was to improve my way of life, and to start over. I thought the navy was a great place to start since the Navy has a lot to offer people. The Navy has allowed me to join and was given the opportunity to start a career in aviation, which would greatly help me start a career in the civilian community. I'm very concerned about the events that are taking place, but I cannot afford to lose hope. I was informed that you are the person that can help me continue my career in the Navy. I respectfully request the Board of Naval Records to review my case. Respectfully yours,
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
DD Form 149

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     000329 - 000411  COG

 Period of Service Under Review :
Date of Enlistment: 000412               Date of Discharge: 000503

 Length of Service (years, months, days):

         Active: 00 00 22
         Inactive: None

 Age at Entry: 26                          Years Contracted: 4

 Education Level: Unknown                  AFQT: 33

 Highest Rate: AR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMA*        Behavior: NMA*            OTA: NMA*

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: None

*No marks assigned.

 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 :
000329:  Questionnaire for National Security Positions (SF 86): Applicant checked "NO" concerning the use of illegal drugs and drug activity and use of alcohol.
000418:  Accession urinalysis screening: Applicant positive for cocaine.

000424:  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 urinalysis for cocaine.
000424:  Applicant advised of his rights and having consulted 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.

000426:  Commanding officer recommended discharge with an uncharacterized service by reason of defective enlistment and induction due to erroneous enlistment. Commanding officer’s comments (verbatim): As evidenced by enclosure (2), AR (applicant) has a confirmed positive urinalysis for cocaine. I recommend separation from the naval service with an Entry Level Separation. Reentry Code: RE-4.

000426:  Commander, Naval Training Center, Great Lakes, IL directed the applicant's discharge with an uncharacterized service by reason of defective enlistment and induction due to erroneous enlistment.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 000503 with an entry level separation (uncharacterized) for defective enlistment and induction 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 the applicant’s issue 1, the Board found that the applicant tested positive for cocaine on the accession urinalysis screening. Although the applicant believes that there was a “mistake” and denies his use of a controlled substance, the Board found evidence to the contrary. Additionally, the applicant was in the Navy for only 22 days. Normally, individuals with less than 180 days of service receive discharge characterizations of uncharacterized (entry level separation). Therefore, n o relief will be granted based on this issue.

There is no law or regulation that provides for the upgrade of an unfavorable discharge based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the Service. However, the Board is authorized to consider post-service factors in the recharacterization of a discharge (D). Those factors include, but are not limited to, the following: evidence of continuing educational pursuits (transcripts, diplomas, degrees, vocational-technical certificates), a verifiable employment record (Letter of Recommendation from boss), documentation of community service (letter from the activity/community group), certification of non-involvement with civil authorities (police records check) and proof of his not using drugs (detoxification certificate, AA meeting attendance or letter documenting participation in the program) in order for consideration for clemency based on post-service conduct. At this time, the applicant has not provided any documentation of good character and conduct. Therefore no relief will be granted. The applicant is reminded that he is eligible for a personal appearance hearing provided the application is received within 15-years from the date of discharge.

 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 " afls10.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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