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NAVY | DRB | 2002_Navy | ND02-00402
Original file (ND02-00402.rtf) Auto-classification: Denied


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

ex-SR, USNR
Docket No. ND02-00402

Applicant’s Request
The application for discharge review, received 020225, 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 021008. 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, as submitted

1. I feel I deserve another chance to reenlist for the following. Before I left for the Navy I partied with some friends to be blunt, I made a mistake. My recruiter poorly informed of all possibilities of the Navy. I never even knew about the reserves. And besides my recruiter, I wasn't mature enough to go through with the Navy. Now five years later, I'm twenty-five years old. I have a full-time job at a strong plastic shop. I'm currently the father of three girls. I feel the Army Reserve can be a very big help to me. My goals for the Army Reserve are long-term. Also I'm currently going to school for a Tool & Die Education, I have no criminal record and the Army Reserve would be a perfect complement to my life. Now, today I'm allot more mature, allot more stable to properly make the decision to reenlist. I really feel that I'm ready to make a positive move, which would be the reserves. If I’m accepted I would like to make the necessary decision to leave in May of 2002 because of my schooling. To sum this memo up, I would like the proper personnel to change the proper documents so that I may reenlist. As I said earlier, the Army Reserves would really complement me. Thank you all for your time, and I hope my application is successfully changed at I requested. Thank you for your time.

 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):
         Active: None
         Inactive: USNR (DEP)     941220 - 950925  ELS

 Period of Service Under Review :
Date of Enlistment: 960628               Date of Discharge: 960924

 Length of Service (years, months, days):

         Active: 00 00 15
         Inactive: 00 02 11

 Age at Entry: 20                          Years Contracted: 4

 Education Level: 12                        AFQT: 33

 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 :
960628:  Questionnaire for National Security Positions (SF 86): Applicant checked "NO" concerning the use of illegal drugs and drug activity and/or use of alcohol.
960911:  Applicant retained in the Naval service, despite his fraudulent induction as evidenced by his failure to disclose required basic enlistment eligibility information. This decision is based on the information he provided the Recruit Quality Assurance Interviewer and if it is found that additional information has not been disclosed, he could be subject to other judicial or administrative proceedings, ie., Marijuana, 2X, 8/96. However, any further deficiencies in performance or conduct may result in processing for administrative separation.

960917:  Drug and Alcohol Abuse Report: Marijuana abuse, ashore off duty. Service directed urinalysis 960912. Commanding Officer recommended separate. Comments: SNM tested positive in the accession pipeline and separated.

960918:  Applicant notified of intended recommendation for discharge with uncharacterized service by reason of defective enlistment and induction due to erroneous enlistment as evidenced by moment of truth and as evidenced by positive accession urinalysis as confirmed by NAVDRUGLAB Great Lakes, IL urine sample custody document dated 13 September 1996 for marijuana.
960918:  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.

960919:  Commanding Officer, Recruit Training Command, Great Lakes, IL directed discharge with 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 960924 with uncharacterized service (entry level separation) 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).

Issue 1. By regulation, members discharged within the first 180 days of enlistment are given characterization of service as “uncharacterized” unless there were unusual circumstances regarding performance or conduct which would merit an “honorable” characterization. The applicant’s service record did not contain any unusual circumstances during his less than three months in the military to warrant a change of discharge. With respect to non-service related administrative matters, an uncharacterized separation is considered the equivalent of an honorable or general (under honorable conditions) characterization. Relief denied.

Concerning a change in reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces. Neither a less than fully honorable discharge nor an unfavorable “RE” code is, in itself, a bar to reenlistment. A request for waiver is normally done only during the processing of a formal application for enlistment through a recruiter. Relief is therefore denied.

The applicant’s discharge characterization accurately reflects his service to his country. The discharge was proper and equitable. Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question. No such error or injustice occurred during the applicant’s enlistment. Additionally, 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 civilian life, subsequent to leaving the service. Relief not warranted.

The applicant is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge. Representation at a personal appearance hearing is recommended but not required.






Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C, Change 9, effective 22 Jul 94 until 02 Oct 96, Article 3620280, SEPARATION OF ENLISTED PERSONEL 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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