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NAVY | DRB | 2001_Navy | ND01-01192
Original file (ND01-01192.rtf) Auto-classification: Denied


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

ex-FR, USN
Docket No. ND01-01192

Applicant’s Request
The application for discharge review, received 010920, 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 designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 020419. 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 - ALCOHOL ABUSE, authority: NAVMILPERSMAN, Article 1910-130 (formerly 3620280).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues
1. I would like to re-enlist into the service. I feel I am no longer depended on alcohol and I'm fit to work. I'm more driven to succeed now than ever. I'm not a threat to myself or anyone else.

2. If I cannot enlist in the Navy I would like to try a different branch.

 Documentation
Only the service record was reviewed, applicant's medical record could not be located. The following additional documentation, submitted by the applicant, was also considered:
Copy of DD Form 214 (2 copies)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     990811 - 991025  COG

 Period of Service Under Review :
Date of Enlistment: 991026               Date of Discharge: 991123

 Length of Service (years, months, days):

         Active: 00 00 28
         Inactive: None

 Age at Entry: 22                          Years Contracted: 4

Education Level: GED              AFQT: 53

 Highest Rate: FR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF*        Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: None

*No Marks Found in service record.

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

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



 Chronological Listing of Significant Service Events :
[UNABLE TO OBTAIN APPLICANT'S MEDICAL RECORD AND COMPLETE ADMIN DISCHARGE PACKAGE NOT IN SERVICE RECORD.]]

990810:  Recruiting Questionnaire (NAVCRUIT 1133/85)): Applicant checked "NO" concerning the use of alcohol.
991115:  Applicant acknowledged that he had been found to be drug and/or alcohol dependent, not eligible for Level III inpatient treatment, and advised to seek treatment from civilian treatment facility.
991117:  CO, RTC Great Lakes directed the applicant's discharge with an entry level separation (uncharacterized) by reason of defective enlistment and induction due to erroneous enlistment - medical evaluation of alcohol dependence.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 991123 with an entry level separation (uncharacterized) for defective enlistment and induction due to erroneous enlistment - alcohol 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).

 Issues 1 and 2 state, the applicant would like to re-enlist into any branch of the military. He feels he is no longer depended on alcohol, is fit to work and not a threat to himself or anyone else. The NDRB is under no obligation to and will not upgrade an individual’s discharge to allow them to re-enlist into any branch of the armed services. More specifically, t he NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy or Marine Corps. Reenlistment policy of the naval service is promulgated by the Bureau of Naval Personnel, Pers-282, 5720 Integrity Drive, Millington, TN 38055, and the Commandant, United States Marine Corps, Code MMEA, 3280 Russell Road, Quantico, VA 22134. Relief is denied.

 The applicant requested the Board change his discharge to Honorable. The record shows the applicant was discharged for erroneous enlistment due to alcohol dependence after serving only 28 days of a 4 year enlistment. When a sailor serves less than 180 days an uncharacterized discharge is warranted due to his entry level status. Relief is 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 " 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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