Author: CAP
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Docket No. ND02-01250

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

 ex-EMFN, USN
Docket No. ND02-01250

Applicant’s Request

The application for discharge review, received 020906, 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.

Decision

A documentary discharge review was conducted in Washington, D.C. on 030612.  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 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1.  To Whom, I APPRECIATE THE OPPORTUNITY TO RESPECTFULLY REQUEST THAT MY DISCHARGE BE UPGRADED TO "HONORABLE".  I APPOLOGIZE TO MY GOD AND MY COUNTRY FOR BEING IMMATURE AND A VICTOM OF A CHANGING WORLD.  MY CREDIBILITY OR STATUS AS EM2 UP UNTIL THE MISCONDUCT, WAS SOMEWHAT OUTSTANDING.  BEING SELECTED TO THE RECRUITOR TRAINING SCHOOL IN PENSICOLA FL. DENOTES THE TYPE OF EVALS THAT WERE GAINED DURING MY FINE NAVY CAREER.  THAT CAREER WAS DENTED BY A GROUP OF FRIENDS AND A NOT SO FUNNY "PRANK"!  SINCE AUG. 1993 MY LIFE HAS CHANGED IN MANY WAYS.  I'M MARRIED WITH TWO LOVELY DAUGHTERS AND A GREAT CAREER IN CORRECTIONS WITH A SUPER COMPANY CORRECTIONS CORPORATION OF AMERICA.  MY MATURITY LEVEL TO WHERE I HAVE TO "RIGHT THE WRONG".  I MUST FIRST APOLOGIZE IN THIS MANNER, TO MY COUNTRY AND TO MYSELF FOR DESTROYING A GREAT NAVY CAREER.  AS LIFE CONTINUES THERE IS NOTHING I WOULD GIVE TO REPLACE THE DISCIPLINE, ADVENTURE, DIVERSITY OF FRIENDS AND MATURITY THAT I EXPERIENCED IN THE "WORLDS GREATEST NAVY".  AS MY WIFE ALWAYS SAY "NOONE DOES IT LIKE A SAILOR"!!!!

THANK YOU,

(Applicant), TRAINING MANAGER DELTA CORRECTIONAL FACILITY

GOD BLESS AMERICA

Documentation

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

Applicant's résumé
Employee of the Month, December 2001 plaque
Perfect attendance certificate dated August 14, 2002
Perfect attendance certificate dated September 25, 2001
Letter to Applicant from Corrections Corporation of America, dated May 24, 2001
Certificate of completion dated September 2, 1999
Certificate in recognition of 40 hours Sort Team Training, dated August 24, 2000
Certificate of completion dated February 16, 2001
Training Certificate, Spontaneous Knife Defense Instructor, expires on April 13, 2004
Training Certificate, Inmate Control Instructor, expires April 13, 2004
Certificate for Nonviolent Crisis Intervention, expires March 29, 2002
Certificate of completion, dated June 8, 2001
Certificate of completion, dated October 22, 1999
Certificate of completion, dated May 29, 2002
Certificate for Nonviolent Crisis Intervention, expires March 29, 2003
Certificate of completion, dated February 5, 1999

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	870808 - 871228	COG
	Active:   USN			871229 - 910305	HON

Period of Service Under Review:

Date of Enlistment:  910306		Date of Discharge:  930816

Length of Service (years, months, days):

	Active:    02  05  11
	Inactive:  None

Age at Entry:  21			Years Contracted:  5

Education Level:  12			AFQT:  33

Highest Rate:  EM2

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.88 (5)	Behavior:  3.84 (5)		OTA:  3.92

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, SSDR, GCM

Days of Unauthorized Absence:  None

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority:  NAVMILPERSMAN, Article 3630620.

Chronological Listing of Significant Service Events:

910306:	Applicant reenlisted for 5 years.

930628:	NJP for violation of UCMJ, Article 112A: Used a controlled substance, to wit: cocaine and marijuana on 930531.
	Award: Forfeiture of $100 per month for 2 months, reduction to EM3.  No indication of appeal in the record.

930712:	Medical evaluation for drug abuse found the Applicant to be a drug abuser, not drug dependent.  

930706:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by a positive urinalysis.

930707:	Applicant advised of his rights and having consulted 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.

930712:	Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

930805:	BUPERS 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 930816 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).

Issue 1.  There is credible evidence in the record that the Applicant used illegal drugs.  Despite the positive aspects of the Applicant’s record, 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, or good conduct in civilian life, 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.  Navy Military Personnel Manual, (NAVPERS 15560C), Change 5/93, effective 
05 Mar 93 until 21 Jul 94, Article 3630620, SEPARATION OF ENLISTED MEMBERS BY REASON OF MISCONDUCT DUE TO 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/A9301/A9217/A9439/A9221