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NAVY | DRB | 1999_Navy | ND99-00602
Original file (ND99-00602.rtf) Auto-classification: Denied


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

ex-GSMFN, USN
Docket No. ND99-00602

Applicant’s Request
The application for discharge review, received 990326, 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 3630620.

The NDRB did note an administrative error on the original DD Form 214. Block 18, Remarks, should contain the following entry: "CONTINUOUS HONORABLE ACTIVE SERVICE FROM 91JUN05 UNTIL 95MAR01". The original DD Form 214 should be corrected or reissued as appropriate.




PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. I made a mistake which cost me my career in the U.S. Navy, however, I gave the Navy 100% of my loyalty to my country.

 Documentation
Only the service and health records were considered, as the applicant did not provide additional documentation.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN               910605 - 950301  HON
         Inactive: USNR (DEP)     910425 - 910604  COG

 Period of Service Under Review :
Date of Enlistment: 950302               Date of Discharge: 961126

 Length of Service (years, months, days):

         Active: 01 08 25 (Does not exclude lost time)
         Inactive: None

 Age at Entry: 34                          Years Contracted: 6

 Education Level: 12                        AFQT: 37

 Highest Rate: GSM2 (E-5)

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.0 (1)     Behavior: 4.0 (1)                 OTA: 4.0 (4.0 evals)
                  3.5 (2)                  2.0 (2)                           3.1 (5.0 evals)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SWASM(2), SSDR(5), MUC(2), N"E"R

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 3630620.

 Chronological Listing of Significant Service Events :

Discharge package missing from service record.

 910422:  Signed statement of understanding concerning drug and alcohol abuse policy in the Navy.

950302:  Reenlisted at USS HEWITT (DD966), San Diego, CA for a term of six years for entitlement to SRB.
960730:  NJP for violation of UCMJ, Article 112a: wrongful use, possession etc., of controlled substance.
         Award: Forfeiture of $650.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-4. No indication of appeal in the record.
961120:  Unauthorized absence from TPU, NavSta, San Diego, CA at 0700, this date. Intentions unknown.

961126:  Discharged in absentia this date. Authority: COMCARGRU FIVE ltr 1910, SER 00/0328 dtd 30 Oct 96.

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 961126 in absentia 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 found that the applicant did commit misconduct due to drug abuse and this overshadowed the positive aspects of his naval career.

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 . Navy Military Personnel Manual, (NAVPERS 15560C), Change 14, effective
03 Oct 96 until 11 Dec 97, Article 3630620 SEPARATION OF ENLISTED PERSONNEL 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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