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NAVY | DRB | 2003_Navy | ND03-01048
Original file (ND03-01048.rtf) Auto-classification: Denied


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

, ex-SR, USN
Docket No. ND03-01048

Applicant’s Request
The application for discharge review was received on 20030530. The Applicant requests the characterization of service received at the time of discharge be changed to honorable and the reason for the discharge be changed to whatever will allow enlistment. The Applicant requests a documentary record 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 20040423. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB. The Board’s vote was unanimous that the character and reason for discharge shall not change. The discharge shall remain: UNCHARACTERIZED (ENTRY LEVEL SEPARATION)/ERRONEOUS ENTRY - DRUG ABUSE, authority: NAVMILPERSMAN, Article 1910-130 (formerly 3620280).




PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

“1. I believe that it is inequitable for me to be permanently precluded from military service because of a one-time error in judgment that I made. On the day I left for recruit training, I inappropriately took a legal stimulant that had not been prescribed for me. I did this so I could stay awake for the first day at Boot Camp. I did not know it would cause a positive urinalysis. I respectfully ask for recharacterization of my discharge to allow enlistment.”

Please see additional comments on the attached Item 8 sheet:
Item 8 . 1 made a serious error in judgment that resulted in my being discharged from Navy recruit training with an RE-4 reenlistment code. I ask to be given another chance to fulfill my desire to serve the nation in our armed forces, which necessitates changing my reenlistment code to one that will allow enlistment.

I was discharged from recruit training on November 12, 2002, for drug abuse. The night before shipping out to boot camp, I inappropriately went out with acquaintances and got drunk. I knew that I would be required to be awake and aware for a long time after getting to boot camp and expressed this thought to one of my acquaintances. He provided me with a single pill of a prescription stimulant — Dexedrine, so as to help me stay awake. I did not even consider that this medicine, which I should not have taken in the first place since it was not prescribed for me, would result in testing positive for amphetamines. While I have experimented with marijuana on two occasions when I was younger, I have never used any other sort of illegal or non-prescribed drug. During my six months in the Delayed Entry Program, for example, I provided urine samples for the recruiting station on a frequent basis with no unusual findings. I have had to provide urine samples on several occasions when applying for jobs, with no abnormalities found. At boot camp I really felt like I was at the right place and was doing something that was both valuable and would help me. I knew that the Navy was going to be a great experience. When I was informed of the positive urinalysis, I was devastated. When I left boot camp, the staff told me that I could apply to have my RE-4 changed after 6 months, which I am now doing.

I come from a family with a history of military service. My father is a retired Navy Captain who was Commanding Officer of USS Salt Lake City (SSN 716). My sister has been accepted into Army Officers Candidate School. I was born in a military hospital. My uncle is a retired Army Lieutenant Colonel of Special Forces. Both my grandfathers served in World War II. One of my ancestors was a General in the Indiana Militia in the 1820s, six served in the Union Army during the Civil War, and one was in World War I. For me to not be able to serve would be a great disappointment.

Although I have done some dumb things in my life, I strongly believe that I have the potential for excellent service to our nation. My high school GPA was 3 . 17. I have 30 college credits. I am an Eagle Scout with Bronze Palm. I am a member of my parent’s religious congregation and a member of the faith. I am leaving the errors of my past where they belong — in the past — and moving forth to a goal of being a productive member of society. Serving the nation in the military is an important element leading to this goal. The military will be good for me and I know that 1 can be a great Serviceman.

I respectfully ask that you give me another opportunity to prove my worth by changing the characterization of my discharge to one that will allow me to enlist in the service as soon as possible.

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214
Copy of Transcript from University of New Mexico
Copy of Transcript from Albuquerque Technical Vocational Institute
Copy of Transcript from New Mexico High School
Copy of High School Diploma
Copy of National Eagle Scout Association Certificate
Copy of Birth Certificate
Copy of Social Security Card

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     020531 - 021022  COG
         Active: USN                        None

 Period of Service Under Review :
Date of Enlistment: 021023               Date of Discharge: 021112

 Length of Service (years, months, days):

         Active: 00 00 20
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 87

 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 - DRUG ABUSE, authority: NAVMILPERSMAN, Article 1910-130 (formerly 3620280).

 Chronological Listing of Significant Service Events :
020530:  USN Alcohol and Drug Abuse Screening Certificate (NAVCRUIT 1133/7): Applicant failed to disclose pre-service drug abuse.
021029:  NAVDRUGLAB [Great Lakes, IL], reported Applicant’s urine sample, received 021024, tested positive for [Amphetamine].
021105:  Applicant notified of intended recommendation for discharge with an uncharacterized service by reason of defective enlistment and induction due to erroneous enlistment as evidenced by a confirmed positive urinalysis for amphetamine.
021105:  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.

021106:  Commanding Officer, Recruit Training Command authorized the Applicant's discharge with an uncharacterized service by reason of defective enlistment and induction due to erroneous enlistment as evidenced by a confirmed positive urinalysis for amphetamine.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20021112 with an entry level separation (uncharacterized) 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 a service characterization of “Uncharacterized” unless there were unusual circumstances regarding performance of conduct which would merit an “honorable” characterization. The Applicant’s service record did not contain any unusual circumstances during her less than three months in the military to warrant a change of discharge to “honorable. ” The summary of service clearly documents that misconduct due to drug abuse was the reason the Applicant was discharged. No other Narrative Reason for Separation could more clearly describe why the Applicant was discharged. 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.

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 documentation to support any claims of post-service accomplishments or any other evidence related to his discharge 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), re-issued October 2002, effective 22 Aug 2002 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 " 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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