Search Decisions

Decision Text

NAVY | DRB | 1999_Navy | ND99-00615
Original file (ND99-00615.rtf) Auto-classification: Denied


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

ex-OSSN, USN
Docket No. ND99-00615

Applicant’s Request
The application for discharge review, received 990331, 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 list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000121. 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 – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. I D_____ E H_____ am requesting an upgrade to my discharge because I would like to seek Federal Employment. I was discharged because of drug use, I realize that I was not even given a second chance at all. All my benefits were taken away completely. I am clean and sober and will continue to stay that way and, I just want another chance to get this upgraded.

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

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     891228 - 900123  COG

 Period of Service Under Review :
Date of Enlistment: 900124               Date of Discharge: 930108

 Length of Service (years, months, days):

         Active: 02 11 15
         Inactive: None

 Age at Entry: 24                          Years Contracted: 4

Education Level: 12                        AFQT: 46

 Highest Rate: OS3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.90 (2)    Behavior: 3.80 (2)                OTA: 3.90

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR

Days of Unauthorized Absence: 21

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.

 Chronological Listing of Significant Service Events :

920310:  NJP for violation of UCMJ, Article 86: UA from 920203 to 920222 {21days/S}, violation of UCMJ Article 87: Missing ship movement.
         Award: Forfeiture of $100 per month for 2 months, restriction and extra duty for 30 days, reduction to E-2 (suspended for 6 months). No indication of appeal in the record.

920326:  Retention Warning: Advised of deficiency (Violation of the UCMJ, Article 86, unauthorized absence and Article 87, missing ship movement), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

921211:  NJP for violation of UCMJ, Article 112a: Wrongful use of a controlled substance (cocaine), violation of UCMJ Article 86: Unauthorized absence.
Award: Forfeiture of $501 per month for 2 months, restriction and extra duty for 45 days, reduction to E-3. No indication of appeal in the record.
921211:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by your CO's NJP of 11 December 1992 for violation of the UCMJ, Article 112a (1 specification of wrongful use of cocaine).

921214:  Medical evaluation for drug abuse found the applicant to be a drug abuser, not drug dependent.

921216:          Applicant advised of his rights and having elected not to consult 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.
921223:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

921231:  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 930108 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, 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), effective 15 Aug 91 until 04 Mar 93, 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, 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     


Similar Decisions

  • NAVY | DRB | 2000_Navy | ND00-00744

    Original file (ND00-00744.rtf) Auto-classification: Denied

    The applicant requested a documentary record discharge review. (Equity Issue) As the documentary evidence of record supports, this former member opines that his post-service conduct has been sufficiently creditable to warrant the Board's clemency relief as authorized under provisions of SECNAVINST 5420.174C, enclosure (1), paragraph 9.3. No indication of appeal in the record.921008: Applicant notified of intended recommendation for discharge under other than honorable conditions by reason...

  • NAVY | DRB | 2004_Navy | ND04-01429

    Original file (ND04-01429.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a documentary record discharge review. 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): Active: USN 881201 - 920908 HON Inactive: USNR (DEP) 880927 - 881130 COG Period of...

  • NAVY | DRB | 1999_Navy | ND99-00425

    Original file (ND99-00425.rtf) Auto-classification: Denied

    PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 940120 under other than honorable conditions for misconduct due to drug abuse (use) (A). 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 introduced no decisional issues for consideration by the Board. You may obtain a copy of DoD Directive...

  • NAVY | DRB | 2001_Navy | ND01-00504

    Original file (ND01-00504.rtf) Auto-classification: Denied

    I were being consider for a medical review board. After a thorough review of the records, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).In response to the applicant’s issue, the Board found that a medical diagnosis on active duty or during post-service, and whether proper or improper, is not an issue upon which this Board can grant relief. At this time, the applicant has not provided any documentation of good character...

  • NAVY | DRB | 2000_Navy | ND00-01050

    Original file (ND00-01050.rtf) Auto-classification: Denied

    The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620. The only documents the applicant provided were copies of his service record, which do not justify an upgrade to his discharge. Navy Military Personnel Manual, (NAVPERS 15560C), effective 15 Aug 91 until 04 Mar 93, Article 3630620, SEPARATION OF ENLISTED MEMBERS BY REASON OF MISCONDUCT DUE TO DRUG ABUSE.

  • NAVY | DRB | 2001_Navy | ND01-00409

    Original file (ND01-00409.rtf) Auto-classification: Denied

    930418: 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. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 930930 under Other Than Honorable conditions for misconduct due to drug abuse (Use) (A). The NDRB is...

  • NAVY | DRB | 2002_Navy | ND02-00761

    Original file (ND02-00761.rtf) Auto-classification: Denied

    ND02-00761 Applicant’s Request The application for discharge review, received 020506, requested that the characterization of service on the discharge be changed to honorable or general/under honorable conditions. Thank you Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant's DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USNR 910814 -...

  • NAVY | DRB | 2001_Navy | ND01-01140

    Original file (ND01-01140.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-AMSAN, USN Docket No. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of DD Form 214 Five pages from applicant's service record PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USNR (DEP) 900427 - 900711 COG Period of Service Under Review...

  • NAVY | DRB | 2004_Navy | ND04-01341

    Original file (ND04-01341.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. Navy Military Personnel Manual, (NAVPERS 15560C), effective 15 Aug 91 until 04 Mar 93, Article 3630620, SEPARATION OF ENLISTED MEMBERS BY REASON OF MISCONDUCT DUE TO DRUG ABUSE. 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...

  • NAVY | DRB | 2002_Navy | ND02-00251

    Original file (ND02-00251.rtf) Auto-classification: Denied

    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): Active: USN None Inactive: USNR (DEP) 910221 - 910530 COG Period of Service Under Review :Date of Enlistment: 910531 Date of Discharge: 930222 Length of Service (years, months, days):Active: 01 08 22 Inactive: None CA action 930122: Sentence approved and ordered...