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NAVY | DRB | 2006_Navy | ND0600477
Original file (ND0600477.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. ND06-00477

Applicant’s Request
The application for discharge review was received on 20060214. 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 20061214 . 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 erroneous enlistment - drug abuse .





PART I - ISSUES AND DOCUMENTATION

Decisional Issues :

Equity: Reentry
Documents submitted by Applicant:
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Member 4)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     20020829 - 20021021       COG
         Active: None
Period of Service Under Review :
Date of Enlistment: 20021022              Date of Discharge: 20021112

Length of Service (years, months, days):

          Active: 00 00 22
         Inactive: None
Time Lost During This Period (days):
         Unauthorized absence: None
         Confinement:              None

Age at Entry: 21

Years Contracted: 4 ( 12 -month extension)

Education Level: 12                                 AFQT: 68

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 A pplica ble


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

UNCHARACTERIZED / ERRONEOUS ENTRY - DRUG ABUSE, authority: MILPERSMAN, Article 1910-130 (formerly 3620280).
Chronological Listing of Significant Service Events :

020828 :  DD Form 1966/2 : Applicant checked "NO" concerning the use of illegal drugs and drug activity .

021029 :  NAVDRUGLAB, Great Lakes, IL , reported Applicant’s urine sample, received 021023 , tested positive for THC .
021031 :  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 erroneous enlistment as evidenced by a confirmed positive urinalysis for marijuana.

021031 :  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 ; to submit a written statement for consideration by separation authority ; and t o General Court-Martial Convening Authority (GCMCA) review.

Un dated :         Commanding Officer, Recruit Training Command , recommended discharge by reason of defective enlistment and induction due to erroneous enlistment as evidenced by a confirmed positive urinalysis for marijuana. Commanding Officer’s comments: “ An erroneous enlistment has occurred. I recommend separation from naval service with an Entry Level separation .”
021105 :  Commander, Naval Training Center, Great Lakes, authorized the Applicant's discharge with an uncharacterized service by reason of erroneous entry – drug abuse.


PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20021112 by reason of defective enlistment and induction due to erroneous enlistment - 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).

Equity – Reentry: The Applicant requests an upgrade and reentry code change “so [he may be] eligible to re-enter into the Navy.”

 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. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter. Regulations limit the Board’s review to a determination of 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 1910-130 (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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