Search Decisions

Decision Text

NAVY | DRB | 2008_Navy | ND0800633
Original file (ND0800633.rtf) Auto-classification: Denied

ex-SA, USN
Current Discharge and Applicant’s Request
Application Received: 20080130
Characterization of Service Received:
Narrative Reason for Discharge:
Authority for Discharge: MILPERSMAN (erroneous enlistment)

Applicant’s Request:     Characterization change to:
                           Narrative Reason change to:

Summary of Service

Prior Service:
 Inactive: US N R (DEP)      20040331 - 20041115              Active:
Period of Service Under Review:
 Date of Enlistment: 20041116      Period of enlistment : Years Extension          Date of Discharge: 20041208
Length of Service : Yrs Mths 23 D ys      Education Level:         Age at Enlistment:       AFQT: 45
Highest Rank /Rate : SA     Evaluation marks: N/A    Performance: N/A         Behavior: N / A     OTA: N /A
Awards and Decorations ( per DD 214):

Periods of UA /C ONF :

NJPs :    

S CMs :   

SPCMs:  

C C :      

Retention Warnings: .

Types of Documents Submitted

 Related to Military Service:      DD 214:          Service and/or Medical Record:            Other Records:

Related to Post-Service Period:  
         Employment:                        Finances:                          Education /Training :     
         Health/Medical Records:           Substance Abuse:                           Criminal Records:       
         Family/Personal Status:           Community Service:                References:              
        
Additional Statements From Applicant:             From Representat ion :              From Member of Congress:
Other Documentation (Describe)



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

Applicant’s Issues

 1. Reenlistment Opportunities

Decision

Date: 20 08 0501             Location: Washington D.C         R epresentation :

By a vote of the Characterization shall .
 By a vote of the Narrative Reason shall ERRONEOUS ENTRY (DRUG ABUSE) .
Discussion

 : either which the Board cannot form the basis of relief for the Applicant, or the Board does not have the authority to grant the relief for which the Applicant petitioned. The Applicant is directed to the Addendum regarding , specifically the paragraph regarding Reenlistment/RE-Codes.

The applicant states after graduating from high school he enlist ed in the Navy . He admits p rior to going to boot camp he engaged in “a little send off partying” and ended up test ing positive for marijuana use while processing at MEPS . The Applicant regrets this mistake and admits at the time he didn’t think this would have harmed his military care er. However, DOD and Nav al policy concerning drug use is very clear in nature and individuals are subject to discharged from the service for illegal drug use regardless of rank or time in service.

There is credible evidence in the Applicant’s record reflecting a positive urine sample for THC. As a result, the Commanding Officer, Recruit Training Command processed the Applicant for an Administrative Discharge under MILPERSMAN 1910-130 ( Separation by Reason of Defective Enlistments and Inductions – Erroneous Enlistment). The Applicant was still in an entry level status, which is defined by the member having less the 180-days of continuous active duty service, when the offense occurred and was correctly issued an “Uncharacterized (Entry Level Separation)” character of service with the appropriate narrative reason of separation as erroneous entry - drug abuse. A change in the character of service by the NDRB would be inappropriate.

A fter a thorough review of the available evidence, to include the Applicant’s Summary of Service , Service Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found that

Pertinent Regulation/Law

 A. The Naval Military Personnel Manual, (NAVPERS 15560C), re-issued October 2002, effective 22 August 2002 until Present, Article 1910-130, 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 II, Para 211, Regularity of Government Affairs , Part V, Para 502, Propriety and Para 503, Equity .

C. The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article 112a.       .



ADDENDUM: Information for the Applicant

 Complaint Procedures : 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 Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction to the Joint Service Review Activity, OUSD (P&R) PI-LP, The Pentagon, Washington, DC 20301-4000 . You should read Enclosure (5) of the Instruction 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 Instruction 1332.28 and other Decisional Documents by going online at “ http://Boards.law.af.mil . ”

Additional Reviews : Subsequent to a document review, former members are eligible for a personal appearance hearing, provi ded the 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 additional evidence related to this discharge. Representation at a personal appearance hearing is recommended but not required. If a former member has been discharged for more than 15 years , has already been grante d a personal appearance hearing or has otherwise exhausted his opportunities before the NDRB, the Applicant may petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100 for further review.

 Service Benefits: The Veterans Administration determines eligibility for post-service benefits, not the Naval Discharge Review Board. There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits and this issue does not serve to provide a foundation upon which the Board can grant relief.
Employmen t / Educational Opportunities : The Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Regulations limit the Board’s review to a determination of the propriety and equity of the discharge.

Reenlistment/RE-code: Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, the NDRB is not authorized to change a reenlistment code. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities. An unfavorable “RE” code is, in itself, not a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.
Medical Conditions and Misconduct : DoD disability regulations do not preclude a disciplinary separation. Appropriate regulations stipulate that separations for misconduct take precedence over potential separations for other reasons. Whenever a member is being processed through the Physical Evaluation Board, and subsequently is processed for an administrative involuntary separation for misconduct, the disability evaluation is suspended. The Physical Evaluation Board case remains in suspense pending the outcome of the non-disability proceedings. If the action includes either a punitive or administrative discharge for misconduct, the medical board report is filed in the member’s terminated health record. Additionally, the NDRB does not have the authority to change a narrative reason for separation to one indicating a medical disability or “PTSD . ” Only the Board for Correction of Naval Records can grant this type of narrative reason change.

Automatic Upgrades - 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 may be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, credible evidence of a substance free lifestyle and certification of non-involvement with civil authorities.

Issues Concerning Bad-Conduct Discharges (BCD ) – Because relevant and material facts stated in a court-martial specification are presumed by the NDRB to be established facts, issues relating to the Applicant’s innocence of charges for which he was found guilty cannot form a basis for relief. With respect to a discharge adjudged by a court-martial, the action of the NDRB is restricted to upgrades based on clemency. Clemency is an act of leniency that reduces the severity of the punishment imposed.

Board Membership: 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

Similar Decisions

  • NAVY | DRB | 2010_Navy | ND1000468

    Original file (ND1000468.rtf) Auto-classification: Denied

    The NDRB conducted a thorough review of the Applicant’s military service record, administrative separation package, the circumstances that led to her discharge, and the discharge process to ensure her discharge met the pertinent standards of equity and propriety.In accordance with the MILPERSMAN, a member of the Naval Service may be separated on the basis of erroneous enlistment when that enlistment would not have occurred if relevant facts had been known by the Department of Navy and the...

  • NAVY | DRB | 2006_Navy | ND0601051

    Original file (ND0601051.rtf) Auto-classification: Denied

    Elements of Discharge: [INVOLUNTARY] Discharge Process: Date Notified:20030117Reason for Discharge erroneous entryLeast Favorable Characterization: Date Applicant Responded to Notification: 20030117Rights Elected at Notification:Consult with Counsel Administrative Board Obtain Copies Submit Statement Discharge directed by (date):COMMANDING OFFICER 20030123Narrative reason directed:ERRONEOUS ENTRYCharacterization directed: UNCHARACTERIZED Date Applicant Discharged: 20030128 Additional...

  • NAVY | DRB | 2010_Navy | ND1001469

    Original file (ND1001469.rtf) Auto-classification: Denied

    The Separation Authority directed that the Applicant be discharged for Defective Enlistment or Induction – Erroneous Enlistment and that the Applicant’s characterization of service at discharge be General (Under Honorable Conditions). Propriety - In accordance with the MILPERSMAN, a member of the Naval Service may be separated on the basis of erroneous enlistment when that enlistment would not have occurred if relevant facts had been known by the Department of the Navy and the enlistment...

  • NAVY | DRB | 2015_Navy | ND1500550

    Original file (ND1500550.rtf) Auto-classification: Denied

    Per the Secretary of the Navy Instruction 5420.174D, Naval Discharge Review Board (NDRB) Procedures and Standards, the NDRB does not have the authority to change a narrative reason for discharge to a physical disability. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years of the Applicant’s date of discharge. Reenlistment/RE-code : Effective 6...

  • NAVY | DRB | 2007_Navy | ND0701178

    Original file (ND0701178.rtf) Auto-classification: Denied

    The Board determined the Applicant’s separation remain as “Entry Level Separation” based on the Applicant’s involuntary separation within the first 180 days of active military service. After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Medical and Service Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found that Summary of Service Prior Service: Inactive: USNR (DEP)19990615 - 19990817Active: Period of...

  • NAVY | DRB | 2007_Navy | ND0700161

    Original file (ND0700161.rtf) Auto-classification: Denied

    ” Additional Reviews : Subsequent to a document review, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years from the date of discharge. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.

  • NAVY | DRB | 2007_Navy | ND0700219

    Original file (ND0700219.rtf) Auto-classification: Denied

    The processing and the uncharacterized characterization of service were proper.Issue 2 (): The NDRB under its responsibility to examine the propriety and equity of an Applicant’s discharge is authorized to change the characterization of service and/or the reason for discharge if such change is warranted.In the Applicant’s case the separation process was in compliance with the Naval Military Personnel ManualArticle 1910-130for separation by reason of defective enlistments and inductions -...

  • NAVY | DRB | 2013_Navy | ND1301409

    Original file (ND1301409.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. The NDRB conducted a thorough review of the Applicant’s service records. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years of the Applicant’s date of discharge.

  • NAVY | DRB | 2007_Navy | ND0700033

    Original file (ND0700033.rtf) Auto-classification: Denied

    Issue 3 (Equity): The Applicant requested an upgrade of characterization to HONORABLE. Summary of Service:Prior Service: Inactive: USNR (DEP) 20040911–20050124 Active: Period of Service Under Review: Date of Enlistment: 20050125Years Contracted:; Extension: Date of Discharge: 20050317Length of Service Active: 0- Yrs 01Mths23 Dys (does not exclude lost time) Inactive: NONETime Lost During This Period: Days UA: Days Confinement: Education Level: Age at this Enlistment: AFQT: 93Highest...

  • NAVY | DRB | 2014_Navy | ND1400051

    Original file (ND1400051.rtf) Auto-classification: Denied

    Applicant’s Request:Characterization change to:Narrative Reason change to: Summary of Service Prior Service: Inactive:USNR (DEP)20100310 - 20100816Active: Period of Service Under Review: Date of Current Enlistment: 20100817Age at Enlistment:Period of Enlistment: YearsExtensionDate of Discharge:20101216Highest Rank/Rate:SNLength of Service:Year(s)Month(s) 00 Day(s)Education Level:AFQT: 53EvaluationMarks:Performance:NFIRBehavior:NFIROTA: NFIRAwards and Decorations (per DD 214):NONEPeriods of...