Search Decisions

Decision Text

NAVY | DRB | 1999_Navy | ND99-00286
Original file (ND99-00286.rtf) Auto-classification: Denied


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

ex-BMSN(SW), USN
Docket No. ND99-00286

Applicant’s Request
The application for discharge review, received 981218, requested that the characterization of service on the discharge be changed to honorable or general/under honorable conditions. 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 000323. 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 (verbatim)

1. Request discharge change to Honorable from Other than Honorable

2. Request rate be changed from E-3 to E-5

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Letter from Applicant
Character reference(2)
Employer reference from Arrowhead Alternators and Starters
NIS document
Separation evaluation

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        740731 - 770430  HON
                  USN                       770501 - 831229  HON
                  USN                       831230 - 900404  HON
         Inactive: None

 Period of Service Under Review :
Date of Enlistment: 900405               Date of Discharge: 940209

 Length of Service (years, months, days):

         Active: 03 10 05
         Inactive: None

 Age at Entry: 32                          Years Contracted: 4

 Education Level: 12                        AFQT: 39

 Highest Rate: BM1

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.70 (6)    Behavior: 3.47 (6)                OTA: 3.83

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM w/1 Star, SSDR (5), GCM (4), NER, NEM, Letter of Commendation, NAM, AFEM (2)

 Days of Unauthorized Absence: 2

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 :

930323:  Applicant to unauthorized absence 0730, 23Mar93.

930324:  Applicant apprehended by civil authorities 0830, 24Mar93.

930325:  Applicant from unauthorized absence 1800, 25Mar93 (2 days/surrendered).

930427:  Applicant admitted to Naval Alcohol Rehabilitation Center (NARC) for Level III treatment.

930520:  Applicant discharge from NARC. Final diagnosis/comments: Alcohol dependence - relapse. Applicant completed refresher rehabilitation for alcohol dependence.

930527:  Counseling: Advised of deficiency (performance, responsibilities, personal behavior), notified of corrective actions and assistance available.

930606:  Applicant directed to participate for one year in the aftercare program.

930630:  NAVDRUGLAB, Norfolk, VA reports urine sample received 930623 tested positive for cocaine.

930714:  Counseling: Advised of deficiency (alcohol), notified of corrective actions and assistance available.

930714:  Medical Department: A: alcoholism.

9307XX:  NAVDRUGLAB, Norfolk, VA reports urine sample received 930615 tested positive for cocaine.

930920:  Medical department: Impression: Alcoholism, substance abuse - cocaine.

930927:  NAVDRUGLAB, Norfolk, VA reports urine sample received 930917 tested positive for cocaine.

930928:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse, commission of a serious offense, alcohol abuse rehabilitation failure as evidenced by your service record and by your alcohol and drug related incidents following completion of Level III rehabilitation treatment.
931005:  NJP for violation of UCMJ, Article 112A: Wrongful use of cocaine on 16Sep93.
         Award: Restriction for 45 days, reduction to BM2. No indication of appeal in the record.
931005:          Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board. Applicant did object to separation.
931006:  Medical evaluation for drug abuse found the applicant to be a drug abuser, not drug dependent.

931025:  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had committed misconduct due to drug abuse, that the misconduct warranted separation, and recommended discharge under other than honorable conditions.
931104:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use), commission of a serious offense, alcohol abuse rehabilitation failure.

931216:  CNO N1 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 940209 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).

In response to applicant’s issue 1, the NDRB is authorized to consider post-service factors in the recharacterization of a discharge. However, 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 the civilian life subsequent to leaving the service. Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question. Outstanding post-service conduct, 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, is considered. The applicant provided one letter of recommendation from his employer as documentation of his post-service. The applicant's efforts need to be more encompassing than those provided. The applicant should have produced evidence of continuing educational pursuits, a verifiable employment record, documentation of community service, certification of non-involvement with civil authorities and proof of his not using drugs in order for consideration for clemency based on post-service conduct. At this time the applicant has not provided sufficient documentation of good character and conduct. Therefore no relief will be granted. He is encouraged to continue with his pursuits and is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. Relief denied.

In response to applicant’s issue 2, the NDRB cannot authorize rate changes.

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 obtain a copy of DoD Directive 1332.28 by writing to:
                  DA Military Review Boards Agency
                  Management Information and Support Directorate
                  Armed Forces Reading Room
                  Washington, DC 20310-1809

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
                  Washington Navy Yard
                  720 Kennon Street SE Rm 309
                  Washington, DC 20374-5023       


Similar Decisions

  • NAVY | DRB | 2004_Navy | ND04-01009

    Original file (ND04-01009.rtf) Auto-classification: Denied

    ND04-01009 Applicant’s Request The application for discharge review was received on 20040608. On 910117, CAAC was notified that SNM had tested positive for THC on a urinalysis conducted prior to the screening. Applicant did not object to separation.910321: Drug and Alcohol Abuse Report: During a random drug test, the Applicant tested positive for abuse of marijuana on or about 901219 ashore-off duty.

  • NAVY | DRB | 2004_Navy | ND04-00006

    Original file (ND04-00006.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-CMCN, USNR-R Docket No. The Applicant requests a documentary record discharge review. Thank You, D_ L_ Jr. (Applicant)

  • NAVY | DRB | 2000_Navy | ND00-01072

    Original file (ND00-01072.rtf) Auto-classification: Denied

    My discharge was inequitable because it was based on one isolated incident in 67 months of outstanding performance of service, as my enlisted service record indicate. 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).The applicant states in issue 1 that his “discharge is inequitable because it was based on one isolated incident.” The Board found that the applicant...

  • NAVY | DRB | 2000_Navy | ND00-00076

    Original file (ND00-00076.rtf) Auto-classification: Denied

    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).In issue 1, the applicant states that his “discharge was inequitable because it was based on one NJP incident in 6 years of service with no other adverse action”. At this time, the applicant has not provided any documentation of good character and conduct. Navy Military Personnel Manual, (NAVPERS 15560A), effective...

  • NAVY | DRB | 1999_Navy | ND99-01200

    Original file (ND99-01200.rtf) Auto-classification: Denied

    ND99-01200 Applicant’s Request The application for discharge review, received 990913, requested that the characterization of service on the discharge be changed to general/under honorable conditions. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of DD Form 214 Letter confirming completion of Alcohol and Drug Recovery Program dated August 30, 1999 Character reference letter from St. Andrew's...

  • NAVY | DRB | 2002_Navy | ND02-01327

    Original file (ND02-01327.rtf) Auto-classification: Denied

    ND02-01327 Applicant’s Request The application for discharge review, received 20020917, requested that the characterization of service on the discharge be changed to honorable. 871214: Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse rehabilitation failure as evidenced by two positive urinalysis tests while on 4X6 urinalysis aftercare program; and misconduct due to drug abuse as evidenced by service...

  • NAVY | DRB | 2005_Navy | ND0500964

    Original file (ND0500964.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct - Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Letter to Applicant from Board for Correction of Naval Records, dated April 25,...

  • NAVY | DRB | 2000_Navy | ND00-00154

    Original file (ND00-00154.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION No indication of appeal in the record.860711: Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by positive urinalysis screens conducted on 7 June 1985 and 17 March 1986.860715: Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge...

  • NAVY | DRB | 2004_Navy | ND04-01344

    Original file (ND04-01344.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. No indication of appeal in the record.921105: NAVDRUGLAB, Norfolk, VA reports Applicant’s urine sample received on 921023 tested positive for THC.921118: Applicant notified of intended recommendation for discharge with a least favorable characterization under other than honorable conditions by reason of misconduct due to drug abuse.921118: Applicant...

  • NAVY | DRB | 2005_Navy | ND0500601

    Original file (ND0500601.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION The Applicant’s representative submitted no issues. Applicant’s issues 2 and 4: The Applicant contends that as a result of his documented professional competence and his two previous honorable discharges his service was inequitably characterized.