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Page Title: Defective Enlistment and Induction - Minority
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.  the  member  received  a  written  enlistment commitment from recruiting personnel for which the member was qualified that cannot be fulfilled by the naval service; or l the enlistment was involuntary; for example, one that is induced by fraud or duress or undue influence and not the product of a free and unconstrained choice. Characterization of service will be honorable unless ELS is appropriate. COs of recruit training commands are  authorized  to  discharge  members  under  their command under this article. For members not assigned to  recruit  training  commands,  the  Chief  of  Naval Personnel is the separation authority. For additional guidance on separation processing by reason   of   defective   enlistment,   refer   to   the MILPERSMAN. DEFECTIVE ENLISTMENT AND INDUCTION  -  MINORITY This category is for discharge of a member for a defective  enlistment  and  induction  on  the  basis  of minority. A member under age 18 is a minor. The minimum age for enlistment is 17. Written consent of a custodial parent  or  legal  guardian  must  be  obtained  before enlistment of a minor. The type of uncharacterized separation given is governed   by   the   member’s   age   when   separation processing is commenced or completed. A member who is a minor under the age of 17 is discharged with an order of release from the custody and control of the Navy. If the minor who enlisted without proper consent has attained his or her 17th birthday, discharge is authorized or  directed  upon  satisfactory  evidence  of  true  age.  An application for discharge must have been submitted by a custodial parent or legal guardian and received by the Navy within 90 days of enlistment to effect the discharge of a member 17 years old. If the member has attained the age of 18, separation is not warranted under this category. The member has effected  a  constructive  enlistment. Characterization of service will be (1) under age 17, order of release or (2) over age 17, ELS. Use the notification procedure. A  commander  of  a  naval training  center,  authorized  to  convene  SPCMs,  is authorized to act as a separation authority for those members  under  his  or  her  command. For  those members  not  assigned  to  a  naval  training  center,  the Chief of Naval Personnel (PERS-282) is the separation authority. Send completed cases to the Chief of Naval Personnel. For additional guidance on separation processing by reason of defective enlistment due to minority, refer to the  MILPERSMAN. DEFECTIVE ENLISTMENTS AND INDUCTIONS - FRAUDULENT ENTRY INTO  NAVAL  SERVICE This  category  provides  for  separation  of  members on  the  basis  of  procurement  of  a  fraudulent  enlistment, induction,  or  period  of  service  through  any  knowingly false representation or deliberate concealment about any of the qualifications or disqualifications of military service. Characterization  of  service  will  be  honorable, general or ELS. If the fraud involves concealment of a prior separation for any characterization other than honorable,  or  the  concealed  offense  would  warrant consideration for a discharge under OTH conditions, process  the  member  for  a  discharge  under  OTH conditions. Use either the notification or administrative board procedure  depending  on  the  type  of  discharge  sought. COs with SPCM CA are delegated to separate members with honorable, general, or ELS provided the member does not object. In cases where the member objects the Chief  of  Naval  Personnel  (PERS-83)  is  the  separation authority. Send the processed case to the Chief of Naval Personnel    (PERS-83). Message   submission   is authorized. For additional guidance on separation processing by reason  of  fraudulent  enlistment,  refer  to  the MILPERSMAN. ENTRY LEVEL PERFORMANCE AND CONDUCT Separate a member for entry level performance or conduct  for  the  following  reasons: . It is determined that the member is unqualified for further military service by reason of unsatisfactory performance  or  conduct,  as  evidenced  by  incapability, lack of reasonable effort, failure to adapt to the naval environment,  or  minor  disciplinary  infractions. .  A  member  with  broken  service  fails  to satisfactorily  complete  indoctrination  training. 9-9

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