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NAVY | DRB | 1999_Navy | ND99-01154
Original file (ND99-01154.rtf) Auto-classification: Denied


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

ex-EMFR, USN
Docket No. ND99-01154

Applicant’s Request
The application for discharge review, received 990826, 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 000512. 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

 1. Upon entering ft U.S. Navy, I was under the impression that I was prepared for all aspects of Navy life. In Nuclear Field "A" School, I worked diligently to maintain a good grade. My efforts were rewarded by being ranked 5th in my class. Things were going very well. I began to feel secure about the Navy and my future within it.
However this false security was short lived. In May I was informed that my cousin, (more like my brother), had been murdered. His murder left me in a stump. I was depressed, bitter, hurt, and feeling separated from my family. Before I knew it, my grandmother died follow six months later by the death of my grandfather. These deaths however did not prepare me for the death of my mentor, my father.
I lost focus and became so distracted that it seemed the Navy was no longer a priority. I worried about my then fifteen year old sister. I am the oldest child and the only son. While on emergency leave, I begin to really realize the amount of responsibility I now had. This newly acquired responsibility to my family added to my depression.
Upon my return from emergency leave, I was charged with possession of marijuana. This possession charge was a direct result of my attempt to nullify my pain and depression. My behaviors are not justified. I understand that feelings are explanation for our actions and not excuses. I behaved immaturely. I felt overwhelmed and looked for an escape. I was so upset that I was referred to a naval psychiatrist. The psychiatrist recommended a discharge due to a personality disorder. I was not discharged though. (These evaluations are in my medical record.) However, I have now regained my focus, and wish to better myself by living up to my potential. My SAT score upon graduation on was 1240. My ASVAB score was a 97. 1 greatly regret my actions and the disappointment that has followed. I am trying to improve my life. This however, has proven to be difficult due to my discharge. The upgrade of my discharge would be very beneficial and greatly appreciated.

 Documentation

 In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Copy of Evaluation Report & Counseling Record (2)(4pgs)
Copy of Cousin's Death Certificate (2)
Copy of Grandmother's Death Certificate (2)
Copy of Grandfather's Death Certificate (2)
Copy of Father's Death Certificate (2)
Copy of Travel Certificate


PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     960516 - 961201  COG

 Period of Service Under Review :
Date of Enlistment: 961202               Date of Discharge: 981120

 Length of Service (years, months, days):

         Active: 01 11 19
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4 (24 month extension)

Education Level: 12                        AFQT: 97

 Highest Rate: EM3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (1)    Behavior: 3.00 (1)                OTA: 3.20

 Military Decorations: None

 Unit/Campaign/Service Awards: None

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 :

971218:  NJP for violation of UCMJ, Article 92: Violate a lawful general regulation by consuming alcohol while under the age of 21 on or about 971213, violation of UCMJ Article 134: Drunk and disorderly on or about 971213.
         Award: Forfeiture of $100.00 per month for 2 months, restriction and extra duty for 30 days, reduction to E-4. No indication of appeal in the record.

971218:  Retention Warning: Advised of deficiency (Violation of UCMJ, Article 92, underage drinking and violation of UCMJ, Article 134, drunk and disorderly), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

981006:  NJP for violation of UCMJ, Article 86: Absent without leave, violation of UCMJ Article 92: Failure to obey order or regulation; violation of UCMJ, Article 128: Assault; violation of UCMJ, Article 134: Disorderly conduct, drunkeness; violation of UCMJ, Article 134: Drunkeness, incapacitation for performance of duties through prior wrongful indulgence in intoxicating liquor or any drug.
         Award: Restriction and extra duty for 30 days, reduction to E-3 (suspended for 6 months). No indication of appeal in the record.
981007:  Retention Warning: Advised of deficiency (Personality Disorder, as evidenced by a psychiatric consultation conducted 981006. Violation of UCMJ, Articles 86, 92, 128, and 134), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

981016:  Applicant's statement "On or about 2357, 4 September 98, I was smoking a marijuana joint with my cousin (AT MEMBER'S REQUEST TO REMAIN NAMELESS) in Virginia Beach at or about the corner of Atlantic and 18 th ST. Two undercover police agents approached me, at which point I threw the marijuana joint [roach] to the ground. I had smoked the marijuana joint until only a [roach] was left. The agent recovered the marijuana joint [roach]. I was given a uniform citation to appear at General District Court, Virginia Beach on 4 November 1998. While in an emergency TAD status (approximately 30 days) on or abour August 1998 I smoked marijuana 2-3 times. I did not smoke marijuana prior to entering the Navy. I reported this incident to LTJG B____ and MA1 N______ on 16 October 1998 at 1051 and also gave them a copy of the Uniform Citation".

981029:  NJP for violation of UCMJ, Article 112a: Wrongful use, possession, ETC. of a controlled substance on 980904.
Award: Forfeiture of $463.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-1. No indication of appeal in the record.
981029:  Applicant notified of intended recommendation for discharge under Other Than Honorable conditions by reason of misconduct Pattern of misconduct as evidenced by all punishments under the UCMJ in your current enlistment and misconduct due to Drug abuse as evidenced by all drug incidents in your current enlistment.
981029:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ, Article 27B, elected to waive all rights.
981102:  Commanding officer recommended discharge under Other Than Honorable conditions by reason of misconduct due to Drug abuse (Use).

981110:  Commander, Naval Surface Force, U.S. Atlantic Fleet 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 981120 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).

The Board determined the applicant did not provide any decisional issues. The following is provided for the applicant’s benefit. 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, subsequent to leaving military service. The NDRB reviews the propriety (did the Navy follow its own rules in processing the applicant for discharge) and equity (did the applicant receive a discharge characterization in keeping with Navy guidance or was the characterization typical of other service members being separated for the same reason) of each applicant’s discharge to determine if proper procedures were followed. This applicant’s discharge was proper and equitable. Additionally, the NDRB is authorized to award clemency for post-service factors (what has the applicant done since discharge to become a contributing member of his/her community and to society in general). Those factors include but are not limited to the following: Evidence of continuing educational pursuits (transcripts, diploma, degree or vocational-technical certificates), a verifiable employment history (letter of recommendation from employer), documentation of community service (letter from activity/community group), certificate of non-involvement with civil authorities (police records check) and proof of not using drugs (detoxification certificate). The applicant did not provide any documentation of good character or conduct, which would warrant an upgrade to his discharge. The applicant is encouraged to establish a reputation of good character and document his accomplishments. Documentation to support any claim of good character is a must to receive any consideration based on post-service achievements. He remains eligible for a personal appearance hearing, to discuss his post-service accomplishments, provided an application is received by the NDRB within fifteen years from the date of his discharge. Legal representation at the hearing is advisable. Relief denied.

 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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