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NAVY | DRB | 2002_Navy | ND02-01024
Original file (ND02-01024.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND02-01024

Applicant’s Request
The application for discharge review, received 020712, requested that the reason for the discharge be changed to ERRONEOUS ENTRY. 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 030410. 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 narrative reason 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, as submitted

1. While attempting to enlist in US Army, I was unduly pressured by Navy recruiter to join the Navy.

2. I entered US Navy under the impression I was to be trained as a Ship's Serviceman, Class A. After reaching Recruit Training Center in Great Lakes, I found out that I was scheduled to attend Quartermaster, Class a training. This was not why I enlisted in the Navy.

3. When I told the Officer in Charge that I had originally intended to enlist in the US Army, he became very upset and said I would be in trouble if I did not stay in the Navy.

4. At the time of seperation I was instructed to "sign here and here" without being allowed to review the forms. After seperation, I discovered that my discharge was "uncharacterized" for alcohol abuse and my re-enlistment code was RE-4.

5. I have never had an alcohol problem while in the service. I am trying to enlist in the USArmy and would like to have my re-enlistment code changed to RE-3 or better rating so I can enlist.

6. I believe I was mislead throughout the enlistment process and falsely accused of alcohol abuse as a result of being upset after discovering the Navy was not for me. I believe I can better serve my country as an enlisted man in the US Army.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant's DD Form 214
Character reference, dated July 24, 2002
Official Undergraduate Academic record dated July 24, 2002

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     010307 - 010514  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 010515               Date of Discharge: 010530

 Length of Service (years, months, days):

         Active: 00 00 16
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: Not listed

 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

*No Marks Available for review.

 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 :
010307:  Enlistment waiver granted for DUI.

010518:  Psychiatric evaluation: Axis I: 1. Psychosis, not otherwise specified. 2. Alcohol dependence. 3. Cocaine abuse. Axis II: Personality disorder, not otherwise specified, with antisocial and borderline traits. Recommend entry level separation.

010523:  Applicant found to be drug and/or alcohol dependent.

010523:  Applicant notified of intended recommendation for discharge under honorable conditions (general) by reason of defective enlistment and induction due to erroneous enlistment as evidenced by psychosis, alcohol dependence and a personality disorder.
010523:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

010524:  Commanding Officer 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 010530 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 1-4. The Board found that the Applicant’s allegations of unfair treatment by his recruiter, OIC, and the Recruit Training Center does not mitigate his discharge or narrative reason for separation. 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.

Issues 5-6. The Applicant was found to be alcohol dependent by a competent medical authority. The Board does not consider the circumstances surrounding the Applicant’s stated condition and implied incorrect diagnosis to be of sufficient nature to warrant a change to his narrative reason for separation. 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. Relief denied.

The Applicant’s discharge characterization accurately reflects his service to his country. Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question. No such error or inequity is evident 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. The Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective 12 Dec 97 until 12 Jun 2001, 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 " 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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