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

 
 ex-AR, USN
Docket No. ND03-00875

Applicant’s Request

The application for discharge review was received on 20030424.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable.  The Applicant requests a documentary record discharge review.  The Applicant listed Orange County Veterans Service Office as the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040401.  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 (ENTRY LEVEL SEPARATION)/ERRONEOUS ENTRY - DRUG ABUSE, authority: NAVMILPERSMAN, Article 1910-130 (formerly 3620280).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Issues submitted by Applicant/representative (Orange County Veterans Service Office): 

1.  “My DD form 214 states that I was separated from the Navy for a positive urinalysis.  If you should contact the Navy Drug Screening Laboratoty in Great Lakes, IL for my results, they would show that my urinalysis was negative.  I was not asked to submit another urinalysis upon separation, so there is no documentation supporting their claim of my urinalysis being positive.  Due to this mistake made by the Navy, my attempts to become a member of the United States Air Force have failed.  I would love to serve my country and if I got another chance to do so I would devote my entire life to it.  Please take into consideration also that I have a wife and a child that I am struggling to support and go to college at the same time.  I feel the Air Force would not only be a solution to my problems, but also an honor to me.  I will send a copy of my urinalysis results when I receive them just in the case that you do not retrieve them before that time.  I have also enclosed a testimony stating what really happened which resulted in my discharge, and my college transcript to show that I have spent my time bettering myself and not ruining my future with drugs.  I would highly appreciate your consideration in granting me another chance to serve my country via the Air Force.

My name is N_ S_ (Applicant) and I joined the Navy August of 2000.  I was 17 years old and not really sure of what I wanted to do with my life.  I looked into the military and did not really get much of a chance to explore my options before I was so quickly persuaded by the Navy.  During transition to boot camp I experienced an insect bite which I believed to be a spider but was never determined.  When I arrived at RTC in Great Lakes I noticed the area around the bite on my ankle changing colors and becoming infected.  I asked my RDC and the Chief Petty officer over my division numerous times to allow me to go to medical to treat my ankle, but was denied every time.  This went on for 3-4 weeks before finally being allowed medical treatment.  By that time I feared for my health in the case of any future injuries, so I asked to be discharged.  They told me that you cannot just request a discharge.  I asked other recruits and people around the base how I could be discharged.  They told me either to tell them I did drugs or that I was suicidal.  Being young and immature, I did not think before I acted and so I followed through with telling the Navy personnel that I was a drug user.  They did not subject me to a second urinalysis upon separation, yet on my DD Form 214 it clearly states that I failed the initial urinalysis.  That is a false statement, which is preventing me now as an adult at the age of 20 to start my life as a more mature person by joining the U.S. Air Force.  I really do not want something that I said as a kid who should have still been in high school to effect my future.  Please give me the chance to serve my country in a loyal and responsible manner.

N_ D_ S_ (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 Applicant’s wife, undated
Character reference, undated
Letter from Applicant’s sister-in-law, undated
Character reference, undated
Unofficial undergraduate academic transcript, dated April 15, 2003 (2 pages)

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	000427 - 000810	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  000811			Date of Discharge:  001012

Length of Service (years, months, days):

	Active:    00  02  02
	Inactive:  None

Age at Entry:  17 Parental Consent		Years Contracted:  4

Education Level:  12				AFQT:  51

Highest Rate:  AR

Final Enlisted Performance Evaluation Averages (number of marks):*

Performance:  NMA				Behavior:  NMA		OTA:  NMA

Military Decorations:  None

Unit/Campaign/Service Awards:  None

Days of Unauthorized Absence:  None

*No marks assigned.

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

UNCHARACTERIZED (ENTRY LEVEL SEPARATION)/ERRONEOUS ENTRY - DRUG ABUSE, authority: NAVMILPERSMAN, Article 1910-130 (formerly 3620280).

Chronological Listing of Significant Service Events:

000000:	Questionnaire for National Security Positions (SF 86):  Applicant checked "NO" concerning the use of illegal drugs and drug activity and use of alcohol.

000919:	Mental Health Substance Abuse evaluation:  Comments: Diagnosed with ADHD at age 11, treated with Imipramine, last taken Spring of 1999.  SR said that he intentionally cut his lips with razor 2 weeks ago “so that other would think I was crazy and send me home.”  Diagnoses: Axis I: Adjustment disorder, NOS acute, Cannabis dependence, EPTE, Alcohol dependence, EPTE, other substance abuse, EPTE.  Axis II: Personality disorder features.

001002:	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 an adjustment disorder, cannabis dependence, and alcohol dependence.

001002:	Applicant advised of 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.

001008:	Commanding Officer directed discharge with an uncharacterized service by reason of defective enlistment and induction due to erroneous enlistment.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20001012 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.  By regulation, members discharged within the first 180 days of enlistment are given characterization of service "Uncharacterized" unless there were unusual circumstances regarding performance or conduct, which would merit an "honorable" characterization.  The Applicant notes that his DD Form 214 stated that he was separated from the navy for a positive urinalysis.  A Mental Health Substance Abuse evaluation was conducted on 20000919 that diagnosed the Applicant with Cannabis dependence, Alcohol dependence, and other substance abuse.  The Applicant’s DD214 states that the discharge characterization was Uncharacterized (Entry Level Separation)/Erroneous Entry-Drug Abuse, not “positive urinalysis”.  Applicant's service record did not contain any unusual circumstances to warrant a change of discharge to "honorable."   Relief, is therefore, denied.

Issue 2.  The NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy.  Neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to reenlistment.  A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter.  

The following is provided for the edification of the applicant.  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, however, 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 should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, and certification of non-involvement with civil authorities.  

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 any claims of post-service accomplishments or any other evidence related to his 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), Change 18, effective 12 Dec 97 until 12 Jun 2001, Article 1910-130 (formerly 3620280), Separation by Reason of Defective Enlistments 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