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

  ex-SA, USN
Docket No. ND05-00508

Applicant’s Request

The application for discharge review, received 20050131.  The Applicant requests that the characterization of service on the discharge be changed to general (under honorable conditions).  The Applicant requests a documentary record review.  The Applicant listed the Veterans of Foreign Wars as the representative on the DD Form 293.

Decision

A documentary review was conducted in Washington, D.C. on 20050713.  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/FRAUDULENT ENTRY INTO MILITARY SERVICE, DRUG ABUSE, authority: NAVMILPERSMAN, Article 1910-134 (formerly 3630100).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Issues submitted by the Applicant:

1.  “The reason I was discharged from active duty was for fraudulent entry into military services.  The reason for this was failure to disclose the fact that I had been to a drug rehab center in 2000.  I disclosed this information to my recruiter “Petty Officer 1st Class J_ R_” he stated that he could not find any records of the rehabilitation and there for to forget the whole thing and not mention it.

After I was discharged and returned home I started looking for the files.  I found them in Tennessee and have all of them.  I will attach all records for your convenience and review.  Thank you.”

Issues submitted by Applicant’s counsel/representative (Veterans of Foreign Wars):

“1.  We request that after careful review of the evidence that you agree the applicants failure to disclose his prior drug use was because he was told not to.  Given this, we request you change the discharge to honorable.”

Documentation

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

Test results from Forensic Laboratory, Department of State Police, dated September 24, 2003
Memo declining prosecution, dated October 8, 2003
Letter from Licensed Clinical Social Worker, dated March 19, 2004
Red Cross Message Form, dated December 8, 2003
Crook County High School modified diploma, dated June 2003
Certificate of Live Birth from State of Arizona
Character reference, dated June 10, 2004
Applicant’s service record documents (4 pages)
Applicant’s DD Form 214 (Member 1 and 4)
Confidential information cover sheet
Notification of requested delivery, dated March 30, 2004
Authorization for release of medical information, dated March 7, 2004
Letter from A_ S. C_, MD, RE: Applicant’s medical care, dated September 5, 2003 (3 pages)
Applicant’s civilian medical records (21 pages)
Letter from Applicant’s father, dated August 27, 2004
Letter from Applicant, dated August 27, 2004
Letter to the Board for Correction of Naval records from Applicant, undated
Administrative Discharge Questionnaire (8 pages)
Service record document
Drug test results (3 pages)

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	030725 - 031202	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  031203		Date of Discharge:  031212

Length of Service (years, months, days):

	Active:    00  00  10
	Inactive:  None

Age at Entry:  18			Years Contracted:  4

Education Level:  12			AFQT:  None found

Highest Rate:  SA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NA*			Behavior:  NA		OTA:  NA

Military Decorations:  None

Unit/Campaign/Service Awards:  None

Days of Unauthorized Absence:  None

*Not available.

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:

030716:	USN Alcohol and Drug Abuse Screening Certificate (NAVCRUIT 1133/65):  Applicant failed to disclose pre-service civil conviction/ involvement and pre-service drug use.

031204:	Recruit’s disclosure:  Applicant admitted to 3 instances of crack use, 50 instances of ecstasy use, minor in possession of alcohol charge, $175 fine, and 200 instances of marijuana use.  Applicant indicated that he did not tell his recruiter at MEPS regarding his pre-service drug use and involvement with civilian authorities.

031210:	Applicant notified of intended recommendation for discharge by reason of defective enlistment and induction due to fraudulent enlistment as evidenced by failure to disclose pre-service civil convictions/involvement and pre-service drug use. The Applicant was notified that the least favorable characterization of service possible is general (under honorable conditions).

031210:	Applicant advised of rights and having elected not to consult with qualified counsel, elected to waive all rights.

031211:	Commanding Officer directed the Applicant's discharge with an uncharacterized service by reason of defective enlistment and induction due to fraudulent entry into the military service, drug abuse.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20031212 with an uncharacterized discharge by reason of defective enlistment and induction due to fraudulent entry into the military service, 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 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 servicemember’s performance or conduct that would merit an honorable 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 10 days in the military to warrant a change of discharge to honorable.  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 contends that his discharge should be changed to honorable because he informed his recruiter of his pre-service drug use and stay at a drug rehabilitation hospital.  The Applicant’s issue is without merit.  The evidence of record is clear that the Applicant did not fully disclose on his enlistment contract the nature and extent of his pre-service drug use or involvement with civilian authorities.  Based upon Applicant’s signed recruit disclosure form, the Board concluded that the Applicant did not tell his recruiter of this additional misconduct.  The form indicates that the Applicant circled the “I did not tell my recruiter/liaison at MEPS” selection and confirmed this choice with his signature.  The Applicant’s failure to fully disclose his preservice drug use and involvement with civilian authorities constitutes the fraud for which he was separated.  As such, relief 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.  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 II, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

C.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety.

D.  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