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NAVY | DRB | 2004_Navy | ND04-01464
Original file (ND04-01464.rtf) Auto-classification: Denied


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


ex-AA, USNR
Docket No. ND04-01464

Applicant’s Request
The application for discharge review, received 20040921, requested that the characterization of service on the discharge be changed to uncharacterized and the reason for the discharge be changed to entry level separation. The Applicant requested a documentary record review. The Applicant did not list a representative on the DD Form 293. In the acknowledgement letter the Applicant was informed that he was approaching the 15 year point for review by this Board and was encouraged to attend a personal appearance hearing in the Washington, D. C. area. The Applicant did not respond.

Decision

A documentary review was conducted in Washington, D.C. on 20041221. 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: ENTRY LEVEL SEPARATION/Fraudulent entry, authority: NAVMILPERSMAN, Article 3630100.













PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 1. “I told the recurter that my urine was dirty told that I would be O.K.. Note! I was separated after Oct. 82 still in an entry level status.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
None

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     890810 - 890823  COG
          Active: None
Period of Service Under Review :
Date of Enlistment: 890824               Date of Discharge: 891218

 Length of Service (years, months, days):
         Active: 00 03 25
          Inactive: None
Age at Entry: 29                          Years Contracted: 8

Education Level: 12                        AFQT: 62
Highest Rate: AA

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

ENTRY LEVEL SEPARATION /Fraudulent entry, authority: NAVMILPERSMAN, Article 3630100.

 Chronological Listing of Significant Service Events :

890810:  Applicant agrees to serve 36 months in the Active Mariner Program.
890828:  Applicant briefed on the Navy’s Drug and Alcohol abuse program.
890912:  NAVDRUGLAB, Great Lakes, IL, reported Applicant’s urine sample, received 890824, tested positive for Cocaine.
891121:  Applicant notified of intended recommendation for discharge with an Entry Level Separation by reason of defective enlistment and induction due to fraudulent entry.
891121:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ, Article 27(b), elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.
891205:  Commanding Officer recommended discharge with an Entry Level Separation by reason of defective enlistment and induction due to fraudulent entry.

891207:  Commander, Naval Training Center, Great Lakes directed the Applicant's discharge with an Entry Level Separation by reason of defective enlistment and induction due to fraudulent entry.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 891218 with an entry level separation by reason of defective enlistment and induction due to fraudulent entry (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: There is credible evidence in the record that the Applicant used illegal drugs. Mandatory processing for separation is required for sailors who abuse illegal drugs. Separation under these conditions generally results in characterization of service under other than honorable conditions. The evidence of record does not demonstrate that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions. Relief denied.

By regulation, members discharged within the first 180 days of enlistment are given characterization of service "Entry Level Separation" unless there were unusual circumstances regarding performance or conduct, which would merit an "honorable" characterization. The Applicant's service record did not contain any unusual circumstances during his less than four months in the military to warrant a change of discharge to "honorable."

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. Relief not warranted.

The following if provided for the edification of the Applicant. The NDRB has no authority to provided additional review of this case since Applicant’s discharge occurred more than 15 years ago. The Applicant may, however, petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100, concerning a change in the characterization of naval service, if he desires further review of his case.

Pertinent Regulation/Law (at time of discharge)
A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 7/86, effective
16 Dec 86 until 19 Dec 93, Article 3630100, SEPARATION OF ENLISTED PERSONNEL BY REASON OF DEFECTIVE ENLISTMENTS AND INDUCTIONS DUE TO FRAUDULENT ENTRY INTO NAVAL SERVICE.

B. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

C. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety .
D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity .

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 “ http://Boards.law.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:
                  Secretary of the Navy Council of Review Boards
                   Attn: Naval Discharge Review Board
                   720 Kennon Street SE Rm 309
                   Washington Navy Yard DC 20374-5023

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