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NAVY | DRB | 2006_Navy | ND0600301
Original file (ND0600301.rtf) Auto-classification: Denied


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


 FOR OFFICIAL USE ONLY

ex-AR, USN
Docket No. ND06-00301

Applicant’s Request
The application for discharge review was received on 20051206 . 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 20061025 . 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 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 and attached letter:
“ I would like to have my re-entry code changed to RE-1 so that I may have the opportunity to re-enlist .”
“Dear Sirs:

This is to correct my Navy record so that I may once again begin a military career.

Enclosed are the DD-293, application for review of discharge, a copy of my DD-214, discharge papers, and a copy of a letter with attachment from the Bay County prosecutor’s office that clarifies that I was wrongfully charged in 2003.

I am asking that my Navy record be corrected based on the information provided. My DD-214 contains a reenlistment code RE-4. Please change it to Re-1 to allow me to re-enlist.

The facts of the case are summarized. On March 21, 2003, a group of narcotics officers knocked on my parent’s door. I was the only person home and allowed them in, although they had no warrant. They found marijuana that belonged to my sister and her friend. They left without charging me or leaving me with any other directions.

I notified my recruiter about the incident. He ordered me to report to Boot Camp at the Great Lakes Naval Base on May 19, 2003, according to my Delayed Entry Program contract I signed on November 11, 2002. On June 10, 2003, I was arrested by the Great Lakes Police Department and charged with being a fugitive from Bay County on drug charges. I did not know I was being charged when I left for Boot Camp, since the charge was not filed until May 28, 2003.
After I left the Naval Training Center, I spent 10 days in Great Lakes waiting and another 12 days in the custody of Transcor, a transportation company for prisoners, to be transferred to Bay County. I finally arrived back in Bay County on July 2, 2003.

Upon the advice of my lawyer, I pleaded guilty to a misdemeanor charge of possession of marijuana in order to end this ordeal. The judge sentenced me to 22 days or the exact number of days waiting for or in the custody of Transcor to return to Bay City. However, the charge remained on my record in the Bay County court file, which prevented me from reentering the military. I pleaded with the prosecutor to review my case. He summoned the Honorable T_ J. K_ on April 18, 2005 requested a changed to my sentence. On June 13, 2005 the change was finalized and my record has been cleared. The enclosed letter from the prosecutor J_ K. S_ and the court papers shows the change has been made and my record has been cleared.

Prior to being accepted into the Navy, while in boot camp, and after I returned home, all tests for use of narcotics have proved negative in my case.

Please notify me as soon as I am eligible for enlisting into military service.

If I have not provided all the necessary information, please contact me at . . .

Thank you for considering this request.

Sincerely,
[signed]
D_ J. F_ (Applicant)”

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
 Letter from J_ K. S_, Bay County Prosecuting Attorney, dtd October 24, 2005
 Court Order Request for Dismissal from State of Michigan District Court, dtd June 13, 2005
Letter from Applicant, dtd January 17, 2006
Letter of Recommendation from R_ L. K_, Capt USN-Ret, dtd January 4, 2006
 Welding Certificate from Delta College Workforce Development Center, dtd December 11, 2005
 Employment Recommendation ltr from G_ Q_, Manager, S _ Sales & Service, Inc, dtd January 25, 2006
 Criminal Record Check Letter from Capt K_ S. B_, Manager, Department of Public Safety, dtd January 11, 2006


PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     20021107 - 20030520       COG
          Active: None

Period of Service Under Review :
Date of Enlistment: 20030521              Date of Discharge: 20030610

Length of Service (years, months, days):

          Active: 00 00 2 0
         Inactive: None

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

Age at Entry: 1 9

Years Contracted: 4 ( 12 -month extension)

Education Level: 12                                 AFQT: 33

Highest Rate: AA

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 Applica ble


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 :
021106:  DD Form 1966/1 Record of Military Processing -Armed Forces of the United States, B lock 26 : Applicant acknowledged drug use and abuse, experimental use MJ (5 times) Last use August 2002.

030521:  A pplicant granted waiver for 1 Chart “C” (Possession of MJ) “Self Admitted” Offense .
0 30610 :  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as general (under honorable conditions) by reason of defective enlistment and induction due to fraudulent enlistment as evidenced by pre-service civil involvement.

0 30610 :  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 .
0 30610 :  Commanding Officer, Recruit Training Command authorized the Applicant's discharge with an uncharacterized service by reason of defective enlistment and induction due to fraudulent enlistment as evidenced by pre-service civil involvement. Commanding Officer’s comments : “As evidenced by listed enclosures, a fraudulent enlistment has occurred. Applicant did not disclose pre-service civil involvement at Moment of Truth. 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. ”


PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20030610 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).

The Applicant requests that his character of service be changed to Honorable. 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 service member’s performance or conduct that would merit another 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 1 month in the military to warrant a higher characterization. No relief is granted.

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.

The Applicant is advised that the Board has no jurisdiction over reenlistment, reentry, or reinstatement into any of the Armed Forces. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes. Or a request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter. Regulations limit this Board’s review to a determination on the propriety and equity of the discharge. Since these issues do not serve to provide a foundation upon which the Board can grant relief, relief on this basis is 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 post-service accomplishments or any other evidence related to the 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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