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NAVY | DRB | 2001_Navy | ND01-00676
Original file (ND01-00676.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND01-00676

Applicant’s Request
The application for discharge review, received 010417, 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 011127. 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 3620280.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. My desire to have my discharge upgraded is primarily for one great purpose to have another chance serving my country and the United States Navy.

2. I would be grateful to fulfill a life long career with the Navy.

3. My Separation was because I told the Navy I was having psychological flash backs from using drugs during high school.

4. I have not had any disturbance of mind or body during my seven months of military service (2) Why I resigned from active duty is because I was homesick and I feared the Navy would be to overwhelming at nineteen years of age.

5. When my recruiter was proceeding with my paper work, he genuinely advised me that it would be to my benefit not to list any drug abuse prior to me enlisting in the Navy.

6. I have matured and worked with a twelve step recovery program to change my life style & now I'm ready to finish what I always wanted to do and my character has been reformed with the program of ST. Francis Mission here in Dania, Florida.

7. My separation briefing in San Diego brought to my attention that I may re-apply to serve in the Navy.

8. Living in a Structured Spiritual Program has taught me many good ways to live, now, I no longer live in the fear of "can I do this" I know whatever challenges that confront me I execute with rational thinking rather than "irrational actions".

9. I have committed myself to changing my life for the best I can do each day. I believe the Navy can help me continue on my journey to success.

10. Every day I hope that the Navy can internally see how C____ C___ deserves to become disciplined and back to where I belong with my family in the fleet.

11. Most importantly I realize it's very easy to follow through with my commitments, let me prove my loyalty as one who would give his life for his country and fellow man in any situation.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
 Copy of Applicant's Request for Consideration for Retention
PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     960923 - 961009  COG

 Period of Service Under Review :
Date of Enlistment: 961010               Date of Discharge: 970530

 Length of Service (years, months, days):

         Active: 00 07 21
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 42

 Highest Rate: SR

 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

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

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

 Chronological Listing of Significant Service Events :
960923:  Questionnaire for National Security Positions (SF 86): Applicant checked "NO" concerning the use of illegal drugs and drug activity and/or use of alcohol.
970227:  Fleet Mental Health Unit Medical evaluation indicates applicant was referred for evaluation of recurring and disturbing perceptual disturbances related to past use of LSD.

970325:  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 your statement on 970207 that you did not disclose prior drug abuse on official enlistment documents.
970325:  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 submit statements, to obtain copies of the documents used to support the basis for the separation, to General Court-Martial Convening Authority review if I have under 6 years total active and/or military service.

970409:  Commanding officer recommended discharge with an uncharacterized service by reason of defective enlistment and induction due to erroneous enlistment.

970428:  (GCMCA) Commander, Training Command, U.S. Pacific Fleet authorized the applicant's discharge with an uncharacterized entry level separation 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 970530 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).

 The applicant’s issues 1 and 2 state that the applicant would like his discharge changed in order to re enter the service. The Board is under no obligation to upgrade an individual’s discharge for the purpose of rejoining any branch of military service. The Board determined the discharge was proper and equitable. Relief is not warranted.

The applicant’s issues 3-6 discuss the applicant’s recruitment, drug abuse and recovery. The Board found no impropriety in the applicant’s recruitment. The record shows the applicant was offered numerous attempts to disclose his pre-service drug use, and he only disclosed information concerning his pre-service drug use after suffering an LSD flash back, while on active duty. The applicant claims to currently be drug free but provided no verifiable documentation to support this claim. Relief is denied.

The applicant’s issue 7 states: “My separation briefing in San Diego brought to my attention that I may re-apply to serve in the Navy.” The NDRB has no authority concerning enlistment or re-enlistment. The applicant should contact his local recruiter concerning his eligibility for future service. Relief is not warranted.

The applicant’s issues 8 -11 discuss his “Living in a Structured Spiritual Program”, and commitment to change his life for the positive and a desire to re-enter the service. The Board determined these issues are non decisional and require no further comment. Relief is not warranted.

 By regulation, members discharged within the first 180 days of enlistment are given characterization of service as “Entry Level Separation” unless there were unusual circumstances regarding performance or conduct which would merit an “honorable” characterization. The record shows the applicant was notified of the discharge prior to six months of service and the discharge Entry Level Separation was properly assigned. The applicant’s service record did not contain any unusual circumstances while serving in the military to warrant a change to “honorable”. The Board could discern no impropriety or inequity in the processing or characterization of the applicant’s discharge. Relief is not warranted.



Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 14, effective 03 Oct 96 until 11 Dec 97, Article 3620280, SEPARATION OF ENLISTED PERSONNEL BY REASON OF DEFECTIVE ENLISTMENT 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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