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Docket No. ND02-00885

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

 ex-FN, USN
Docket No. ND02-00885

Applicant’s Request

The application for discharge review, received 020607, 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.  Subsequent to the application, the Applicant obtained representation from the Disabled American Veterans

Decision

A documentary discharge review was conducted in Washington, D.C. on 030311.  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: UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-146, formerly Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1.  The reason of my early departure from the Navy was due to poor decision making.  I married a woman who was untrue to me causing me a lot of embarrassment on the boat.  Being laughed at by my fellow shipmates was the reason I didn't show up for a week.  During the week I kept in touch with my LPO to show I cared about my job.  Also having the stress of being in a different environment for the previous years I got home sick.  We all make mistakes when we are young and think I regret the most.  I should have stuck it out, but I didn't and I will deal that. Since being out of the Navy for the past 2 1/2 to 3 years I've worked, I haven’t got in trouble with the law or done any wrong things, I maintain my integrity.  I'm a single father who's barely getting by.  I wish to further continue my education and want to start a family.  With the discharge I received I made that hard to do.  I have no medical insurance at all.  Getting my discharge upgraded will allow me to utilize my GI Bill and the other benefits I've earned from serving my country.  I am a law abiding citizen who just wants to improve my situation, please help me.

2.  Dear Chairperson:

After a review of the Former Service Members (FSM) DD Form 293 Application for the Naval Discharge Review Board of Discharge or Dismissal from the Armed Forces of the United States and all of the evidence assembled for review, we continue to support the contentions as set forth by the Applicant, in his request that he be given the opportunity to upgrade his (Under Other Than Honorable Conditions) discharge to a (General Discharge Under Conditions) Discharge.

The (FSM) entered the US Naval Services on April 29, 1996 until January 21 1999, period of (2) year's (8) months and 23 days.  The (FSM) was involved in several acts of misconduct in which he received several Articles of the UCMJ Code of offenses.  The most serious offenses were Drug abuse infractions and an Absence Without Leave Charge of over 86 days.

The (FSM) desires now to have his (Under Other than Honorable) Discharge upgraded to a General (Under Honorable Conditions) Discharge from the US Naval Services.

The (FSM) past behaviors he exhibited and short term of service that lead to his discharge he now feels can be personally attributed to immaturely and inability to handle the stressful military life that lead him to act out in inappropriate ways on active duty status.

The (FSM) now respectfully requests an equitable standard be applied as well as equity in treatment in seeking the boards' approval to afford him the opportunity to receive and an up-grade, of his (Under Other Than Honorable) Discharge to an General (Under Honorable Conditions) Discharge.  The (FSM) sincerely hopes that by respectfully requesting and being granted an Up-Grade of his Discharge and truthfully giving a explanations citing the reasons for his past military abuses of the naval Services substance Rules and policy and his subsequent dismissal for US Naval Services he may receive some consideration

The (FSM) feels his military accomplishments of service are a matter of Supreme Honor and Respect he will cherish throughout his lifetime.  The (FSM) also states he had always tried to achieve Honor and Respect during his almost entire term of enlistment of military duty in the Navy Service, but just failed on this short period of enlistment.

We respectfully request that the (FSM) be given complete and duly consideration by the board.  We also respectfully request that the board consider each reasonable explanation submitted by the (FSM) who now wishes to seek to correct the mistakes he make and the negative behavior he exhibited and that occurred to him in fulfilling his military duty in the in the United States Naval Services.

We ask for the Boards careful and sympathetic consideration of all the evidence of record used in rendering a fair and impartial decision.  These issues do not supersede any issues previously submitted by the Applicant.

Respectfully,

Documentation

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

None

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	960419 - 960428	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  960429		Date of Discharge:  990121

Length of Service (years, months, days):

	Active:    02  08  23
	Inactive:  None

Age at Entry:  19			Years Contracted:  4

Education Level:  12			AFQT:  53

Highest Rate:  FN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMF*			Behavior:  NMF		OTA:  NMF

Military Decorations:  None

Unit/Campaign/Service Awards:  DPI

Days of Unauthorized Absence:  5

*No Marks Found in the service record.

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority:  NAVMILPERSMAN, Article 1910-146, formerly 3630620.

Chronological Listing of Significant Service Events:

970711:	NJP for violation of UCMJ, Article 121: Larceny of 2 packs of cigarettes, a value of about $5.00, the property of the Bangor NEX on 970630.
	Award: Forfeiture of $100 per month for 2 months.  Punishment suspended for 4 months.  No indication of appeal in the record.

981223:	Applicant to unauthorized absence 0700, 981223.

981228:	Applicant from unauthorized absence 0700, 981228 (5 days/surrendered).

990106:	NJP for violation of UCMJ, Article 112a: Wrongful use and possession of a controlled substance, violation of UCMJ, Article 86 (2 specs): Absence without leave, violation of UCMJ, Article 92: Failure to obey order or regulation.
	Award: Forfeiture of 1/2 months pay for 1 month, reduction to FA.  No indication of appeal in the record.

990106:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse and misconduct due to a pattern of misconduct.

990106:	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

990107:	Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use) and pattern of misconduct. 

990115:	Commander, Submarine Group 9 directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 990121 under other than honorable conditions for misconduct due to drug abuse (use) (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).

Issues 1 and 2.  There is credible evidence in the record that the Applicant used illegal drugs.  Drug abuse warranted processing for separation, normally under other than honorable conditions.  Relief denied.

The Applicant’s discharge characterization accurately reflects his service to his country.  Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question.  No such error or inequity occurred during the Applicant’s enlistment.  Additionally, there is no law, or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time, for good conduct in civilian life, or to enhance employment opportunities subsequent to leaving the service.  However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, to the extent that such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review.  Verifiable proof of any post-service accomplishments must be provided in order for the Applicant to claim post-service conduct and behavior as a reason to upgrade a less than Honorable discharge.  Evidence of continuing educational pursuits, employment record, documentation of community service, certification of non-involvement with civil authorities and credible evidence of a substance free lifestyle, are examples of verifiable documentation that should have been provided to receive consideration for relief, based on post-service conduct.  The Applicant’s evidence of post-service conduct was found not to mitigate the offense for which he was discharged.  Relief not warranted.

The Applicant is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his 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), Change 18, effective 12 Dec 97 to 19 May 99, Article 1910-146 (formerly 3630620), Separation by Reason of Misconduct - Drug Abuse.

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

The remaining portion of this document is divided into 4 Parts: Part I - Applicant’s Issues and Documentation, Part II - Summary of Service, Part III – Rationale for Decision and Pertinent Regulation/Law, Part IV - Information for the Applicant.
INDEX:  A6600/A9305/A9217/A9439/A9231