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NAVY | DRB | 2002_Navy | ND02-00482
Original file (ND02-00482.rtf) Auto-classification: Denied


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

ex-SN, USN
Docket No. ND02-00482

Applicant’s Request
The application for discharge review, received 020311, 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 021115. 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: GENERAL (UNDER HONORABLE CONDITIONS)/FRAUDULENT ENTRY INTO MILITARY SERVICE, DRUG ABUSE, authority: NAVMILPERSMAN, Article 3630100.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted
1. I am asking the naval council to please consider a discharge upgrade so I can re-enter the U.S. Navy and be one of the best sailors ever to defend and serve the United States of America. I surely do hope you can find this in the best interest for our country and the U.S. Navy. I sincerely thank you for your time and consideration in this most important matter.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Copy of DD Form 214 for Army service (910423 - 920327)
Discharge document from Army National Guard effective 26 May 99
Discharge document from U.S. Army Reserve effective 15 Apr 96
Honorable Discharge Certificate, Army National Guard, dtd 26 May 99
Naval Submarine School, Certificate of Course Completion, dtd 7 Aug 96
Diploma Certificate, U.S. Army Signal Center and Fort Gordon, dtd 27 Mar 92
High School Diploma, DoD Dependents School, dtd June 10, 1982
Certificate of Degree (Associate of Applied Science) dtd 19 Oct 90
Certificate of Degree (Associate of Arts) dtd 18 Dec 1993
Character Reference letter from employer (supervisor), dtd Sep 17, 1997

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USAR              910423 - 920327  RelAcDuTra
         Inactive: USAR            920328 - 960415  HON

 Period of Service Under Review :
Date of Enlistment: 960416               Date of Discharge: 970314

 Length of Service (years, months, days):

         Active: 00 10 29
         Inactive: None

 Age at Entry: 32                          Years Contracted: 4

 Education Level: 14                        AFQT: 63

 Highest Rate: SN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.0 (1)     Behavior: 2.0 (1)                 OTA: 2.0 (5.0 EVALS)

 Military Decorations: None

 Unit/Campaign/Service Awards: ASR, Marksmanship Badge Rifle, NDSM

 Days of Unauthorized Absence: None

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

GENERAL (UNDER HONORABLE CONDITIONS)/FRAUDULENT ENTRY INTO MILITARY SERVICE, DRUG ABUSE, authority: NAVMILPERSMAN, Article 3630100.

 Chronological Listing of Significant Service Events :

960409:  Waiver granted for 1 non minor misdemeanor.

 960408:  QUESTIONNAIRE FOR NATIONAL SECURITY POSITIONS: Applicant failed to disclose pre-service drug abuse by marking "NO" to all questions.
960411:  Additional waiver granted for 1 non minor misdemeanor.

 961112:  Defense Investigation Service reported to command of applicant's pre-service drug use that occurred on 23 Dec 91 while on active service in the United States Army. This violation of the UCMJ, Article 112a (used cocaine), was not disclosed at the time of the enlistment. Applicant denied incident until evidence displayed.

961209:  Medical Exam: Applicant was found not dependent on any drugs and recommended for further military service
961210:  DARR, NAVSUBSCOL, New London, CT: Command directed urinalysis on Nov 18, 1996, tested positive for cocaine.
970114:  CO, NAVSUBSCOL, Groton, CT recommended applicant's retention in spite of his pre-service drug abuse.
970206:  BUPERS denied request for waiver of pre-service drug use and directed the admin discharge processing of applicant.

970221:  Applicant notified of intended recommendation for discharge with a general (under honorable conditions) by reason of defective enlistment and induction due to fraudulent entry, drug abuse.
970221:  Applicant advised of his rights and elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation and to submit a statement.

970228:  Commanding officer recommended discharge with a general (under honorable conditions) by reason of defective enlistment and induction due to fraudulent entry into the military service, drug abuse.

970303:  Applicant's statement.

970303:  COMSUBGRU TWO directed the applicant's discharge with a general (under honorable conditions) by reason of defective enlistment and induction due to fraudulent entry into the military service, drug abuse.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 970314 with a general (under honorable conditions) by reason of defective enlistment and induction due to fraudulent entry into the military service, 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).

 Responding to the Applicant’s stated issue, the NDRB has no authority to make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter. Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question. There is no law, or regulation, which provides that a general discharge may be upgraded based solely on the passage of time, or good conduct in civilian life, subsequent to leaving the service. However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review. Verifiable proof of any post-service accomplishments must be provided in order for the applicant to claim post-service conduct and behavior as a reason to upgrade his discharge. Relief denied.

The Applicant is reminded that he is eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge. The applicant can provide additional documentation to support any claims of post-service accomplishments at that time. Representation at personal appearance hearing is recommended but not required.

 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 3630100, SEPARATION OF ENLISTED PERSONNEL BY REASON OF DEFECTIVE ENLISTMENTS AND INDUCTIONS - FRAUDULENT ENTRY INTO THE NAVAL SERVICE.

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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