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NAVY | DRB | 2005_Navy | ND0501214
Original file (ND0501214.rtf) Auto-classification: Denied


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


 FOR OFFICIAL USE ONLY

ex-SR, USN
Docket No. ND05-01214

Applicant’s Request
The application for discharge review was received on 20050718. The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. The Applicant requests a documentary record discharge review. The Applicant did not designate a representative on the DD Form 293.

 Decision

A documentary discharge review was conducted in Washington, D.C. on 20060209. 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 and reason for discharge shall not change. The discharge shall remain Uncharacterized by reason of defective enlistment and induction due to fraudulent entry, drug abuse .





PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

“Because this discharge has prevented me from recieving a government job. To prevent further occurenses with future employment”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 149
Letter to Applicant from Board for Correction of Naval Records, dtd June 20, 2005
Applicant’s DD Form 214
Letter from Polk County, Juvenile Probation Officer, dtd April 6, 2000


PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     20020628 – 20020711      ELS
          USNR (DEP)      20030516 - 20030813      COG
          Active: None

 Period of Service Under Review :
Date of Enlistment: 20030814             Date of Discharge: 20030910

 Length of Service (years, months, days):

         Active: 00 00 27
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence:    None
         Confinement:                       None

 Age at Entry: 19

 Years Contracted: 4

 Education Level: 12                                 AFQT: NA*

 Highest Rate: SR

 Final Enlisted Performance Evaluation Averages (number of marks):

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

 Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): 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 :
030513:  USN Alcohol and Drug Abuse Screening Certificate (NAVCRUIT 1133/65): Applicant disclosed experimental/casual use of marijuana within and over the past 6 months. Applicant failed to disclose any other drug use or drug offenses.
030513:  Pre-service illicit behavior waiver not required.

 030516:  Pre-service waiver for DEP discharge and testing positive for marijuana over 45 days ago granted.

030815:  Recruits disclosure: Applicant disclosed cocaine use X1, possession of controlled substance (marijuana) 10/98; Independence, OR, attended drug and alcohol classes X5. Applicant indicated that he disclosed this information to his recruiter/liaison at MEPS.

 030829:  Applicant notified of intended recommendation for discharge by reason of defective enlistment and induction due to fraudulent enlistment as evidenced by cocaine use, possession of a controlled substance. Applicant was notified that the least favorable characterization of service possible is general (under honorable conditions).
030829:  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.
030903:  Commanding Officer, Recruit Training Command, Great Lakes, IL, directed discharge with an uncharacterized service by reason of defective enlistment and induction due to fraudulent enlistment as evidenced by cocaine use, possession of a controlled substance. Commanding Officer’s comments: “As evidenced by listed enclosures, a fraudulent enlistment has occurred. Member did not disclose pre-service drug use. I direct Personnel Support Activity Detachment, Recruit Training Command, Great Lakes to separate the subject named member from the naval service within 10 working days after receipt of this letter. Per reference (b), the DD Form 214 will include the following:
 BLK 23: DISCHARGED
BLK 24: UNCHARACTERIZED (ENTRY LEVEL SEPARATION)
BLK 25: MILPERSMAN 1910-134
BLK 26: JDT
BLK 27: RE-4.”
Service Record was missing elements of the Summary of Service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20030910 by reason of defective enlistment and induction due to fraudulent entry, drug abuse (A) with a service characterization of uncharacterized. 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).

By 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 less than one month in the military to warrant a change of discharge to honorable. 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 requirement or law that grants recharacterization solely on the issue of enhancing employment opportunities and this issue does not serve to provide a foundation upon which the Board can grant relief. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge.

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), 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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