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

FOR OFFICIAL USE ONLY

ex-AR, USN
Docket No. ND06-00609

Applicant’s Request

The application for discharge review was received on 20060406.  The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions).  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 20070110.  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 fraudulent entry, drug abuse.

The NDRB did note administrative error(s) on the original DD Form 214.  Block 13, Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded Or Authorized should read:  “National Defense Service Medal,” and Block 24, Character of Service, should read:  “UNCHARACTERIZED.”  The Commander, Navy Personnel Command, Millington, TN, will be notified, recommending the DD Form 214 be corrected or reissued, as appropriate.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

“Because I was telling the truth about my past during “the moment of truth” at boot camp.  I do not believe that I should have been discharged.  I would like to get back in to the military.  I have a family.  I was discharged for telling the truth about my past and using drugs.  Haven’t used them for a couple years before I joined. And it was during “Moment of Truth”.  I shouldn’t be discharged for telling the truth.  I just want a bump start to a career and serve my country.  I would like to rejoin the military in the Marines.  All my medical tests were 100% good.”

Documentation

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

Applicant’s statement, undated
Applicant’s DD Form 214 (Service 2)
Six pages from Applicant’s service/medical record (2)

PART II - SUMMARY OF SERVICE

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

	Inactive:  USNR (DEP)	20020223 - 20021027	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  20021028		Date of Discharge:  20021107

Length of Service (years, months, days):

	Active:    00  00  10
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  None
	Confinement:		  None

Age at Entry:  18

Years Contracted:  4

Education Level:  12				AFQT: * Not Available

Highest Rate:  AR

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 Applicable

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:

020222:	USN Alcohol and Drug Abuse Screening Certificate (NAVCRUIT 1133/65):  Applicant failed to disclose pre-service drug abuse.

020223:	DD Form 2807-1, Report of Medical History, the Applicant checked the “NO” box to the question of “Other Drug Use.”  

020223:	Office of Personnel Management, Security Clearance Form. The Applicant answered “NO” to question #27, “Your Use of Illegal Drugs and Drug Activity-Illegal Use of Drugs”.  

021030:	Recruit’s Disclosure (PG 13 information only):  Stimulants meth, 15X, 08/01-08/02 (IN DEP), Racing 3X, 10/02, San Diego, CA, paid $530.  Recruit did not tell recruiter/liaison at MEPS.  Referred to legal for separation.

021101:	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 fraudulent enlistment as evidenced by Moment of Truth.

021101:	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.

021101:	Commanding Officer, Recruit Training Command, directed discharge with an uncharacterized service by reason of defective enlistment and induction due to fraudulent enlistment as evidenced by Moment of Truth.  Commanding Officer’s comments:  “As evidenced by listed enclosures, a fraudulent enlistment has occurred.  Member did not disclose pre-service civil conviction/involvement at Moment of Truth.  I direct Personnel Support Activity Detachment, Recruit Training Command, Great Lakes to separate the subject named member from the naval service within 10 working days after receipt of this letter.”

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20021107 by reason of defective enlistment and induction due to fraudulent entry, 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).  

In the Applicant’s case, the Board could discern no impropriety or inequity and therefore considers the Applicant’s discharge proper and equitable.  The Applicant contends that he should not have been discharged for “telling the truth.”  Members may be separated for effecting a fraudulent enlistment, induction, or period of service by falsely representing or deliberately concealing any qualifications or disqualifications prescribed by law, regulation, or order.  On 20020222, the Applicant completed a United States Navy Illicit Behavior Screening Certificate and he initialed the “NO” block to all questions pertaining to prior drug use.  During his enlistment physical on the next day, 20020223, the Applicant concealed his prior drug use by answering “NO” on his DD Form 2807-1, Report of Medical History, to the question of “Other Drug Use.”   In addition, the Applicant answered “NO” to the question of prior dug use, since age 16, on his OPM Security Clearance Application on 20020223.  On 20021030, the Applicant signed a RECRUIT’S DISCLOSURE form wherein he admitted to using “Stimulants Meth 15X, 08/01-08/02 (In DEP); racing 3X, 10/02, San Diego, CA, paid $530” and that he did not tell his recruiter.  On 20011101, the Applicant’s Commanding Officer stated that the Applicant “did not disclose pre-service civil convictions/involvement at Moment of Truth.”   Accordingly, relief on this basis is not warranted.  

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.

Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, NDRB is not authorized to change a reenlistment code.  Reenlistment policy of the Marine Corps is promulgated by the Commandant, United States Marine Corps, Code MMEA, 3280 Russell Road, Quantico, VA 22134.  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 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 additional evidence related to this 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 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