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

 ex-FR, USN
Docket No. ND02-01102

Applicant’s Request

The application for discharge review, received 020807, requested that the characterization of service on the discharge be changed to honorable.  The Applicant requested 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 030424.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the Applicant’s service.  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 3620280.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1.  Dear Naval Council of Personnel Boards,

In the year of I entered the military (Navy) as a fireman.  Being a part of the Armed Forces is a family tradition I ruined for myself, due to using marijuana three week before I left home for boot camp.  I only wish I could have been tested before I left for Great Lakes, Illinois because I assumed I was clean and I wasn't.  Now I know you're tested before boot camp, and this could have given me a second chance.  I was told that after two years I could try the Armed Forces again, but my reentry code won't allow me to reenlist.  Being a part of the Armed Forces is something I want to be a part of and I know now “Drugs Don't Work!”  I've earned my C.D.L. license since then and passed multiple drug tests, due to leaving the streets and old peers.  I've waited seven years, and throughout this time I now know I'm more responsible and I can't be persuaded and will not use marijuana, nor any other drug.  I made a mistake as a teenager and now seven years later, I'm twenty-five and I still think of what my Petty Officer at boot camp told me as I left (You could have made it)!  Personally, I know I still can serve my country with pride and dignity if I can get another chance at this childhood, lifetime dream.  Please reconsider me, so I can serve my country as I thought I could in the beginning before I made this life threatening mistake.  I've preyed about the issue, and I believe prayer changes things, so please help me, because I do want to help myself by being apart of the United States Armed Forces.  Thank you.

Documentation

In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:

Copy of DD Form 214

PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

	Inactive: USNR (DEP)	960329 - 960825	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  960826		Date of Discharge:  960917

Length of Service (years, months, days):

	Active:    00  00  22
	Inactive:  None

Age at Entry:  19			Years Contracted:  4 

Education Level:  12			AFQT:  32

Highest Rate:  FR

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NOB		Behavior:  NOB		OTA:  NOB

Military Decorations:  None

Unit/Campaign/Service Awards:  None

Days of Unauthorized Absence:  None

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

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

Chronological Listing of Significant Service Events:

960328:	Questionnaire for National Security Positions (SF 86):  Applicant checked "YES" concerning the use of illegal drugs and drug activity.

960905:	Accession urinalysis screening:  Applicant positive for [Marijuana]. 

960906:	DAAR indicates marijuana abuse as a result of a service directed urinalysis.

960909:	Applicant notified of intended recommendation for discharge with an uncharacterized service by reason of defective enlistment and induction due to erroneous enlistment as evidenced by positive accession urinalysis as confirmed by NAVDRUGLAB Great Lakes, IL urine sample custody document date 960905 for marijuana.

960909:	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

960912:	Commanding Officer recommended discharge with an uncharacterized service by reason of defective enlistment and induction due to erroneous enlistment as evidenced by positive accession urinalysis as confirmed by NAVDRUGLAB Great Lakes, IL urine sample custody document date 960905 for marijuana.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 960917 with an entry level separation (uncharacterized) for defective enlistment and induction due to erroneous enlistment - drug abuse (A).  The Board presumed regularity in the conduct of governmental affairs (B).  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 (C and D).

Issue 1:  The NDRB has no authority to make recommendations to permit reenlistment, reentry, or reinstatement into the naval service or any other branch of the Armed Forces, as requested by the Applicant.  Furthermore, neither a less than honorable discharge nor an unfavorable “RE” code is, in itself, a bar to reenlistment.  A request for waiver is normally done only during the processing of a formal application for enlistment through a recruiter.  Regulations limit the Board’s review to a consideration of the propriety and equity of a discharge.  The Applicant’s discharge was proper and equitable.  By regulation, service members discharged within the first 180 days of enlistment are given a characterization of service of “Entry Level Separation” unless there were unusual circumstances regarding performance or conduct, which would merit an “honorable” characterization.  The Applicant’s service record did contain any unusual circumstances during his 22 days in the military to warrant a change of discharge to honorable.  Relief denied.

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 additional documentation to support any claims of post-service accomplishments at that time.  Representation at a personal appearance hearing is recommended but not required.  

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560C, Change 9, effective 22 Jul 94 until 02 Oct 96, Article 3620280, SEPARATION OF ENLISTED PERSONEL BY REASON OF DEFECTIVE ENLISTMENT AND INDUCTIONS – ERRONEOUS ENLISTMENT.

B.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.  

C.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

D.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

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 "afls14.jag.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:

		Naval Council of Personnel Boards
		Attn:  Naval Discharge Review Board
		720 Kennon Street SE Rm 309
		Washington Navy Yard DC  20374-5023