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NAVY | DRB | 2004_Navy | ND04-01200
Original file (ND04-01200.rtf) Auto-classification: Denied


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

ex-AR, USN
Docket No. ND04-01200

Applicant’s Request
The application for discharge review was received on 20040722. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a documentary record review. The Applicant did not list any representative on the DD Form 293.

Decision

A documentary review was conducted in Washington, D.C. on 20041122. 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 of the 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 am submitting this form in the hopes that blocks 24 and 28 on my DD Form 214 will be changed. Block 28 states that I was separated from the Navy because of erroneous entry and drug abuse. This is not true. Before going to boot camp in October 2000 I was drug tested several times between the months of May through October. I successfully passed each drug screening while in the Delayed Entry Program. Block 24 has an entry of RE-4. I would appreciate that code to be RE-1. The reason for wanting these changes made is so that I can rejoin some branch of the Armed Forces to further my employment and education skills. Four years ago I was young and undecided what I wanted to do with my life. After all these years have passed I realize that I needed to stay in the Navy. My life has not gone the way I intended it to. I have discussed this situation with my local Preacher and my Father. We feel that the best course of action I could take to get my life back on line is to do what God intended me to do. I regret not staying in the Navy and wish for you to consider changing block 24 and 28 so that I can join the Military as soon as possible. I feel that if these changes are made I will be successful and able be to a great asset in the branch I join. I want to thank you for your time and consideration and I know that the right choices will be made.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     000623 - 001016  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 001017               Date of Discharge: 001109

 Length of Service (years, months, days):

         Active: 00 00 23
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 11                        AFQT: 52

 Highest Rate: AR

 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 assigned

 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 :
000621:  Questionnaire for National Security Positions (SF 86): Applicant checked "NO" concerning the use of illegal drugs and drug activity and use of alcohol.
000623:  Acknowledged Navy’s policy on illegal drug use.

001031:  Medical Evaluation: Applicant diagnosed with Alcohol Abuse, Cannabis Dependence, and Conduct Disorder.

001101:  Unauthorized absence commenced 0001, 30 OCT 00. Surrendered onboard NAVCRUITRACOM Great Lakes, IL at 1915, 30 OCT 00. Unauthorized absence of 19 hours and 14 minutes.

001102:  Applicant notified of intended recommendation for discharge with a least favorable characterization of uncharacterized service by reason of defective enlistment and induction due to erroneous enlistment.
001102:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27(b), elected to waive all rights.

001106:  Commanding Officer, Recruit Training Command directed the Applicant's discharge with entry level separation due to an erroneous and defective enlistment as evidenced by a conduct disorder and cannabis dependence.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20001109 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: T he 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. An unfavorable “RE” code is, in itself, not a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.

By regulation, members discharged within the first 180 days of enlistment are given characterization of service "Uncharacterized" unless there were unusual circumstances regarding performance or conduct, which would merit an "honorable" characterization. The Applicant was properly diagnosed on 20001031 with Alcohol Abuse, Cannabis Dependence, and a Conduct Disorder. Failure to disclose amount of pre-service drug usage and drug dependence are grounds for administrative separation from the service. The Applicant's service record did not contain any unusual circumstances during his less than one month in the military to warrant a change of discharge to "honorable."

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. 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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