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NAVY | DRB | 2004_Navy | ND04-00053
Original file (ND04-00053.rtf) Auto-classification: Denied


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

ex-FN, USN
Docket No. ND04-00053

Applicant’s Request
The application for discharge review, received 20031001, requested that the reason for the discharge be changed to Early Release or other. The Applicant requested 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 20040715. 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 narrative reason 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 stated

 Applicant’s issues, as stated on the application:

1. “The change to my military records is being requested because I am trying to get back into the militayr through commission in US Air Force. I entered the Navy in May, 2000. I attended training for Damage Control at Great Lakes NTC. When A-school started I quickly found out that the job wasn’t what I was told by my recruiter. I tried to cross into a different career field, but was told it was impossible, if I didn’t finish school, I would have been sent to the ship with my job undesignated. This made me extremely angry, so I began doing all I could to get out. I ended up with an entry level separation for what I thought was because I denied alcohol treatment. When the day came for my final out, I was beyond ready to leave. I noticed my DD 214 was incorrect and mentioned it to the lady going over the paperwork with me. She said I could either stay until it was corrected or get it changed later. I didn't think it would ever affect me like it has, otherwise I would have stayed. I am now enrolled in school fulltime and want to apply for ROTC, but my RE-4 and Interservice Separation Code is stopping me. I want more than anything to be an officer in the US military and have worked hard to improve my life since the Navy. I am better prepared and will give it my all. I am requesting that my RE-4 be changed to an RE-1 and that my Interservice Separation Code be changed from a 74 to 99, or another code that will allow me to get back in. My DD2I4 says Fradulent Enlistment, but it shouldn’t because I never lied when enlisting. Please change my RE-4, Interservice Separation Code and my narrative reason for separation to Early Release or Other. This is affecting my life more than one can imagine and I would appreciate it if I could have the chance to make up for getting out. I have worked hard to change my life in a positve way, and want to serve my country proudly. I do not feel I did anything to have an RE-4 or the narrative reason for separation the way it is. Please change my DD 214 to allow me to serve my country with pride.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Ten pages from Applicant’s service/medical records
Applicant’s statement, dated April 16, 2003

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     000330 - 000514  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 000515               Date of Discharge: 000928

 Length of Service (years, months, days):

         Active: 00 04 14         Does not exclude lost time
         Inactive: None

 Age at Entry: 22                          Years Contracted: 4

 Education Level: 12                        AFQT: 72

 Highest Rate: FN

 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: 2

*No Marks Available for review

 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 :

000811:  ARD Department HD/Psychologist: ETOH dependency. Recommendation: Intensive outpatient treatment.

000814:  Psychiatric evaluation: Initial Impression: Axis I: Adjustment disorder with depressed mood, alcohol dependence. Axis II: Deferred. Axis III: None. Axis IV: Routine military service. Axis V: Global assessment of functioning: 40.
000816:  Retention Warning: Advised of deficiency (Poor military performance, to wit: unauthorized absence), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

000818:  NJP for violation of UCMJ, Article 86: Unauthorized absence.
         Award: Forfeiture of $100 per month for 1 month, restriction and extra duty for 5 days. No indication of appeal in the record.
000824:  Applicant evaluated as alcohol dependent by a clinical psychologist. Applicant will be assigned to Level II treatment.

000828:  Applicant declined treatment and is considered to be a treatment failure.
000828:  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, convenience of the government - other designated mental conditions, and alcohol abuse rehabilitation failure.
000828:  Applicant advised of 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.

000906:  Commanding Officer directed discharge with uncharacterized service by reason of defective enlistment and induction due to fraudulent entry into the military service, drug abuse. Commanding Officer’s comments: FN K_ (Applicant) fraudulently enlisted into the naval service by not disclosing his drug abuse prior to enlistment. I consider him to have no potential for further naval service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20000928 with 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).

Issue 1. The Applicant failed to disclose his pre-service heroin use prior to enlistment. No other narrative reason other than “defective enlistment and induction due to fraudulent entry into the military service, drug abuse” more clearly describes the circumstances surrounding the Applicant’s processing for administrative separation. 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’s discharge characterization accurately reflects his service to his country. The discharge was proper and equitable. 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 2 Feb 01, 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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