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NAVY | DRB | 1999_Navy | ND99-01035
Original file (ND99-01035.rtf) Auto-classification: Denied


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

ex-CMCR, USN
Docket No. ND99-01035

Applicant’s Request
The application for discharge review, received 990730, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. The applicant designated the Georgia Department of Veterans Service as his representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000727. 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.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)
1. I, R____ E. C______ (Applicant) am requesting my discharge from the United States Navy to be changed to honorable. I believe that if my discharge from the Navy was changed to honorable I would be able to do more with my life. I would really like to enter the field of law enforcement to help protect our streets from crime. I know that while I served my country in the military, my conduct was not the best. What I have done to myself on my path of life was not the doing of anybody, but the doing of myself. I do not want to be punished for the crime I did while I was young and immature. I know that I was a disappointment to a lot of people. I believe that I have changed for the best and am asking for a fair shot at life, without what I did in my past hanging over my head. I have not touched any drugs since I've been out of the military, and had numerous drug test to back up my statement. I would really like to make changes in my life for the better of other people and me. I have worked on four different jobs, and the jobs I've held were not stable. All the people I've have worked with will tell you I am a hard and dedicated worker. I am asking for a second chance at life.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Carroll Co Sheriffs Dept criminal record check dtd 26 Jul 99
OCC Health Substance Abuse screen dtd 6 Apr 99
MRO Report on Drug Screen dtd 25 Nov 98
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     950417 - 960205  COG

 Period of Service Under Review :
Date of Enlistment: 960206               Date of Discharge: 980518

 Length of Service (years, months, days):

         Active: 02 03 13
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4 (12 months extension)

 Education Level: 12                        AFQT: 41

 Highest Rate: CMCA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.0 (1)     Behavior: 1.0 (1)                 OTA: 1.83

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR

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 1910-146, formerly 3630620.

 Chronological Listing of Significant Service Events :

[ADMIN DISCHARGE PACKAGE MISSING FROM SERVICE RECORD.]

 950213:  Application for enlistment, applicant stated he used "marijuana in Aug 94, 4 times with friends and did not like it and do not intend to try drugs again."
950417:  Enlistment waiver granted for non-minor misdemeanor (possession of marijuana).
970805:  NJP for violation of UCMJ, Article 91: disrespect to a senior petty officer.
         Award: Forfeiture of $450 per month for 2 months ($250 times 2 suspended for 6 months), restriction and extra duty for 45 days (15 days restriction and 15 days extra duty suspended for 6 months), reduction to E-1. No indication of appeal in the record.
[NO MEDICAL ENTRY FOUND CONCERNING DEPENDENCY AND DRUG REPORT OF 1 MAR 98 {stated in CO's ltr of 13 May 98} NOT IN SERVICE RECORD.]

 980506:  NJP for violation of UCMJ, Article 112a: wrongful use of a controlled substance; violation of UCMJ Article 112a: wrongful possession of a controlled substance.
Award: Forfeiture of $450 per month for 2 months, restriction and extra duty for 45 days. No indication of appeal in the record.
980513:  Commanding officer recommended discharge by reason of misconduct due to drug abuse as evidenced by his positive urinalysis results for THC and misconduct due to a pattern of misconduct as evidenced by all punishments under the UCMJ in his current enlistment. [CO's RECOMMENDATION INCOMPLETE.]

980514:  CNET 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 980518 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’s age, education level, and test scores qualified him for enlistment. While he may feel that his immaturity was a factor that contributed to his action, the record clearly reflects his willful disregard for the requirements of military discipline and demonstrated that he was unfit for further service. The record is devoid of evidence that the applicant was not responsible for his conduct or that he should not be held accountable for his actions. No relief based on this issue.

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 ample 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 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      



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