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NAVY | DRB | 2005_Navy | ND0500806
Original file (ND0500806.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. ND05-00806

Applicant’s Request
The application for discharge review was received on 20050412. The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. The Applicant requests 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 20050819. 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:

“When I first signed up I failed the drug test. I had to talk to the captain, discussed what happened and went to boot camp, when I talked to the doctor he used that against me and now I have a dishonorable.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (2)
Recruit Mental Health Substance Use Evaluation dtd September 11, 2003
Recruit Evaluation Unit Triage Note dtd September 10, 2003
Student Transcript (2 pgs)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     030826 - 030827  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 030828               Date of Discharge: 030922

 Length of Service (years, months, days):

         Active: 00 00 25
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 46

 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 (ENTRY LEVEL SEPARATION)/ERRONEOUS ENTRY - DRUG ABUSE, authority: NAVMILPERSMAN, Article 1910-130 (formerly 3620280).

 Chronological Listing of Significant Service Events :
030825:  United States Navy Illicit Behavior Screening Certificate indicates Applicant has experimentally/casually used marijuana within the past six months.

030826:  Enlistment waiver for drug abuse (marijuana POS Date) approved.

030911:  Recruit Mental Health Substance Use Evaluation: Diagnosis AXIS I: Oppositional Defiant Disorder, 313.81; Cannabis dependence, 304.30 EPTS, Alcohol abuse, 305.00, EPTS.

030919:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service general (under honorable conditions) by reason of defective enlistment and induction due to erroneous enlistment as evidenced by an oppositional defiant disorder and a cannabis dependence.
030919:  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.

030922:  Commanding Officer, Recruit Training Command directed the Applicant's discharge with an uncharacterized (entry level separation) service by reason of defective enlistment and induction due to erroneous enlistment.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20030922 with an entry-level separation (uncharacterized) for defective enlistment and induction due to erroneous enlistment - drug abuse (A). 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 (B and C).

The Applicant contends his disclosure to a physician at recruit training concerning his drug usage was used against him, and was directly related to his separation with an Other than honorable discharge. On the 20030911 Recruit Mental Health Substance Use Evaluation, he was diagnosed as an alcohol abuser, cannabis dependent, and having Oppositional Defiant Disorder (AXIS I). According to the Diagnostic and Statistical Manual of Mental Disorders (DSM-IV), one of the manuals that govern naval assessments of mental disorders, to include substance dependence, there are seven criteria for substance dependence. To be classified as drug dependent, a person must manifest three or more of the seven criteria. On 20030911, the Applicant admitted to alcohol and cannabis use and reported the following:

•         Recurrent use in which use of the substance is physically hazardous
•         Persistent desire or unsuccessful efforts to cut down or control substance use
•         A great deal of time is spent in activities necessary to obtain substance, use the substance, or recover from the effects
•         Important social, occupational, or recreational activities are given up or reduced because of substance use
Based on these admissions, the Applicant exhibited four of the 7 criteria necessary for classification as substance dependent. Per OPNAVINST 5350.4C (encl 2 para.12a), drug dependent persons, current drug abusers, and persons whose pre-service drug abuse indicates a tendency to continued abuse shall not be permitted to enter the navy.

On 20030919 the Applicant was notified of intended recommendation for discharge by reason of defective enlistment and induction due to erroneous enlistment as evidenced by an oppositional defiant disorder and cannabis dependence. The Applicant waived all rights thus accepting the discharge recommended in the letter of notification.

The NDRB advises the Applicant that he was not discharged Under Other Than Honorable Conditions but received an uncharacterized Entry Level Separation (erroneous enlistment-drug abuse). B y regulation, members notified of 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 did not contain any unusual circumstances during his 25 days in the military to warrant a change of discharge to honorable. Relief not warranted.

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 5420.174D 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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