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NAVY | DRB | 1999_Navy | ND99-00518
Original file (ND99-00518.rtf) Auto-classification: Denied


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

ex-FR, USN
Docket No. ND99-00518

Applicant’s Request
The application for discharge review, received 990302, requested that the characterization of service on the discharge be changed to general/under honorable conditions. The applicant requested 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 000331. 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.

The NDRB did note an administrative error on the original DD Form 214. Block 25, Separation Authority, should read: “1910-146” vice “3630620”. The original DD Form 214 should be corrected or reissued as appropriate.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. I'M HAVING A HARD TIME APPLYING FOR JOBS. I'M NOT EVEN WORKING. I WANT TO ENROLL MYSELF IN SCHOOL BUT I'M AFRAID I MAY BE TURNED DOWN FOR FINANCIAL ASSISTANCE. I'M REALLY HAVING A HARD TIME WITH THE DISCHARGE I WAS GIVEN. THINGS ARE REALLY DIFFICULT. IT'S ALREADY DIFFICULT TO GET A GOOD PAYING JOB IN THE CITY OF DETROIT. SO PLEASE ACCEPT MY APPLICATION FOR A DISCHARGE UPGRADE. I'M STILL LIVING WITH MY PARENTS. THEY ARE HAVING FINANCIAL PROBLEMS AND I'M NO HELP NOT WORKING OR ANYTHING. SO I ASK AGAIN PLEASE CONSIDER MY APPLICATION.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214 (2 copies)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     970212 - 970316  COG

 Period of Service Under Review :
Date of Enlistment: 970317               Date of Discharge: 980309

 Length of Service (years, months, days):

         Active: 00 11 23 (Does not exclude lost time)
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

Education Level: 12                        AFQT: 32

 Highest Rate: FA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF                  Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: 5

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 :

Discharge package missing from service record.

971211:  Naval Med Center, Psychology Department: Pt was command referred for psychological evaluation regarding Anxiety symptoms when exposed to OBA use.
 Impressions: Pt presented with dizziness, shaking, intense fear, rapid heartbeat and difficulty breathing when exposed to OBA use. He is not motivated for continued service and refused treatment of his current condition. AXIS I - 300.29 Specific Phobia, AXIS II - Deferred, AXIS III - See full medical record.
971212:  Unauthorized absence from USS THEODORE ROOSEVELT (CVN 71) at Norfolk, VA since 0730, this date.

971217:  Surrendered on board USS THEODORE ROOSEVELT at 0730, this date. No known civilian charges pending. Restored to full duty status 0730, 97DEC17.
97XXXX:  DAAR [not readable]: Applicant is a 19 year old male with 9 months active service. He shows no potential for further service and is being discharged.
980122:  NJP for violation of UCMJ, Article 86: absence without leave, UA from USS THEODORE ROOSEVELT, from 97DEC12 to 97DEC17 (5 days); violation of UCMJ Article 112a: onboard USS THEODORE ROOSEVELT on 97NOV24, wrongfully use marijuana.
         Award: Forfeiture of $505.00 per month for 2 months, restriction for 60 days, reduction to E-1. No indication of appeal in the record.
000000:  Medical evaluation for drug abuse found the applicant to be a drug abuser, not drug dependent.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 980309 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 the applicant’s issue 1, the Board has no obligation to change the applicant’s discharge in order to allow him to go back to school.

There is no law or regulation that provides for the upgrade of an unfavorable discharge based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the Service. However, the Board is authorized to consider post-service factors in the recharacterization of a discharge (D). Those factors include, but are not limited to, the following: evidence of continuing educational pursuits (transcripts, diplomas, degrees, vocational-technical certificates), a verifiable employment record (Letter of Recommendation from boss), documentation of community service (letter from the activity/community group), certification of non-involvement with civil authorities (police records check) and proof of his not using drugs (detoxification certificate, AA meeting attendance or letter documenting participation in the program) in order for consideration for clemency based on post-service conduct. At this time, the applicant has not provided any documentation of good character and conduct. Therefore no relief will be granted. The applicant 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.

 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 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, D.C. 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, D.C. 20374-5023     


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