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NAVY | DRB | 2005_Navy | ND0500781
Original file (ND0500781.rtf) Auto-classification: Denied



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

 For Official Use Only

ex-FR, USN
Docket No. ND05-00781

Applicant’s Request
The application for discharge review, received 20050317, requested that the Applicant’s characterization of service 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 20050831. After a thorough review of all available 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/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:

“ During the moment of truth at boot camp, I admitted I was ADHD”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Certificate of Recognition (American Heart Association AED Training) dtd January 26, 2005
Certificate of Recognition (AED Airway Module) dtd January 26, 2005
Certificate of Recognition (Bloodborne Pathogens and Infection Control) dtd January 26, 2005

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     040911 - 040923 
         Active: None

 Period of Service Under Review :
Date of Enlistment: 040924               Date of Discharge: 041014

 Length of Service (years, months, days):

         Active: 00 00 21
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 42

 Highest Rate: FR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NA*                  Behavior: NA*             OTA: NA*

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: None

*Not Available.

 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 :

 040511:  Screen of Medical History; Applicant marked “NO” to question, “Have you ever seen a psychiatrist, psychologist, counselor or other professional for any reason. ”

040910:  Illicit behavior screening certificate; Applicant answered “No” to seventeen questions regarding drug possession and use.

040911:  Medical pre-screen: Applicant marked “No” to question regarding drug use and abuse.

040911:  Medical examination; Applicant marked “No” to “Have you ever tried, used, sold, supplied, or possessed any narcotic, depressant, stimulant, hallucinogen, or cannabis.”

040927:  You are being retained in the Naval service, despite your fraudulent induction as evidenced by your failure to disclose required basic enlistment eligibility information. This decision is based on the information you provided the Recruit Quality Assurance Interviewer and if it is found that additional information has not been disclosed, this waiver is void and you could be subject to other judicial or administrative proceedings, ie. Disorderly Conduct; 5/03 New Town Square, PA, Paid $407.00. However, any further deficiencies in performance or conduct may result in processing for administrative separation.
040927:  Psychiatric/Medical evaluation: Fireman Recruit (FR) M___ E. S___ reported a history of psychiatric treatment and diagnosis not previously revealed. He had been diagnosed with attention-deficit/hyperactivity disorder (ADHD) at the age of 12, prescribed Adderal, Ritalin and Prozac for three years. From July 2003 to August 2003 he was in an inpatient drug rehabilitation program, prior to the treatment he had smoked marijuana three to four times per week. Additionally he was expelled from his high school for selling marijuana in school and later detained by police for marijuana and marijuana paraphernalia in his car. Diagnosis; depressive disorder, cannabis dependence and combined type attention-deficit/hyperactivity disorder (ADHD).

040930:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service a general (under honorable conditions) by reason of defective enlistments and inductions - erroneous enlistment, and defective enlistments and induction - fraudulent entry into naval service.
040930:  Applicant advised of rights and having elected not to consult with qualified counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

041008:  Commanding Officer, Recruit Training Command, directed the Applicant's 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 20041014 with an uncharacterized service by reason of defective enlistment and induction due to fraudulent entry into the military service, drug abuse (A). After a thorough review of all available records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (B and C).

 Normally, to permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question. After a review of the Applicant’s case the Board discovered no impropriety or inequity. By regulation, members notified of the intended recommendation for discharge within the first 180 days of enlistment are eligible for an uncharacterized or entry-level separation characterization of service. Unless there were unusual circumstances regarding a servicemember’s performance or conduct that would merit an honorable characterization, an uncharacterized discharge is generally considered the most appropriate characterization of a member’s service. The Applicant's service record does not contain documentation which warrants a change in the characterization of service to honorable. Relief is not warranted.

The Applicant should be aware that, with respect to nonservice-related administrative matters, i.e., VA benefits, educational pursuits, and especially civilian employment, an uncharacterized separation is considered the equivalent of an honorable or general (under honorable conditions) discharge.

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 Naval service. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review. Examples of documentation that should be provided to the Board include evidence of a drug free life style, proof of educational pursuits, verifiable employment records, documentation of community service, and certification of non-involvement with civil authorities. The Applicant provided three certificates of continuing education training (nine hours total). Based on a lack of sufficient post service factors, relief denied.

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 1910-134 (previously 3630100), Separation by Reason of Defective Enlistments and Inductions – Fraudulent Entry Into the Naval Service.

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

 C. 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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