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NAVY | DRB | 2003_Navy | ND03-00014
Original file (ND03-00014.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND03-00014

Applicant’s Request
The application for discharge review, received 20020930, 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 20030828. 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/ FRAUDULENT ENTRY INTO MILITARY SERVICE, DRUG ABUSE, authority: NAVMILPERSMAN, Article 1910-134 (formerly 3630100).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1. My discharge was improper because I was misled by my recruiters, Petty Officer T_ and Petty Officer C_. On December 3, 2001 I advised my recruiters of the pending court date in Maple Shade Township, New Jersey. It should also be noted that My New Jersey Computerized Criminal History was obtained on December 14, 2002, a full month before my departure for basic training. Not only was I allowed to start basic training but I was allowed to complete it, why was this issue not addressed at an earlier date. If the recruiters had told me that this was going to be a problem, I could have postponed my enlistment and rescheduled my court date for an earlier date, entering the Navy after the case had been adjudicated. Even if the recruiters had made a mistake, why wasn't it addressed after the Criminal History was obtained?

I feel that, due to the mishandling of my case by the Navy, at the least I feel I deserve a Fully Honorable Discharge.
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant's DD Form 214 (Member 1 and 4 (2 copies))
Twenty-six pages from Applicant's service record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     011210 - 020115  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 020116               Date of Discharge: 020404

 Length of Service (years, months, days):

         Active: 00 02 19
         Inactive: None

 Age at Entry: 23                          Years Contracted: 4

 Education Level: 12                        AFQT: 42

 Highest Rate: SR

 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

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

UNCHARACTERIZED/FRAUDULENT ENTRY INTO MILITARY SERVICE, DRUG ABUSE, authority: NAVMILPERSMAN, Article 1910-134 (formerly 3630100).

 Chronological Listing of Significant Service Events :

011210:  Application for Enlistment (DD Form 1966): Applicant failed to disclose pre-service civil involvement/convictions. Arrested 990216 for possession of marijuana/hash. Assessed $128.00. Arrested 990825 for burglary by entering structure. Assessed $125.00. Arrested 011031 for possess CDs or Analog, possession/distrubution hypodermic needle.
020328:  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 as evidenced by failure to disclose pre-service civil involvement/convictions.
020328:  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.

020401:  Commanding Officer directed discharge with an uncharacterized service 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 20020404 with an uncharacterized service 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).

In the Applicant’s issue 1, the Board determined this issue has no merit. The applicant states the recruiters misled him and knew of his court date and he was allowed to complete basic training.

The applicant completed 2 months and 19 days of a 4-year enlistment. By regulation, members discharged within the first 180 days of enlistment are given characterization of service "Uncharacterized" unless there were unusual circumstances regarding performance that would merit an "honorable" characterization. The Applicant's service record did not contain any unusual circumstances during his 2 months and 19 days in the military to warrant a change of discharge to "honorable." Therefore relief is denied.
The Applicant should be aware that, with respect to non-service related administrative matters, i.e., VA benefits, educational pursuits, and especially civilian employment, an uncharacterized separation shall be considered the equivalent of an honorable or general (under honorable conditions) discharge.
The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge. The Applicant can provide additional documentation to support any claims of post-service accomplishments at that time. 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 32, effective 26 Apr 01 until 21 Aug 2002, Article 1910-134 (previously 3630100), Separation 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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