Search Decisions

Decision Text

NAVY | DRB | 2000_Navy | ND00-00005
Original file (ND00-00005.rtf) Auto-classification: Denied


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

ex-YNSN, USN
Docket No. ND00-00005

Applicant’s Request
The application for discharge review, received 991001, requested that the characterization of service on the discharge be changed to honorable or 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 000616. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety but did discern inequity in the characterization of the applicant’s service. The Board’s vote was four to one that the character of the discharge shall change. The discharge shall change to: GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1. Dear Sirs or Madams:

I (applicant), SSN (deleted) am writing this letter in hopes and prayers to upgrade my discharge from Other Than Honorable to the highest upgrade that is allowable. I believe this to be a General Under Honorable Conditions, but if a higher upgrade is possible then I would like to petition to the highest upgrade. I feel that my discharged should be changed with regards to my entire service and not just my one incident.

Upon review of my service and record I believe you will see that I was a hardworking, dedicated, and good sailor but with a problem I always thought everybody else and everything else was the problem and not me or my drinking or my drug use. . I never realized the problem until it finally came to a head while I was in the Navy. I regret that it ever happened and that I was a problem for a brief period of time for the Navy. Even though I regret what happened I have learned a life-changing lesson from the whole ordeal. This is why I'm writing this letter and including enclosures to hopefully show that I've learned from this, and that I came out a better person who is now positively contributing to society and making the most of my opportunities.

I've included enclosure (1), which is documentation of some of the achievements I had while in the Navy. I received a Good Conduct Award before I extended my enlistment. I was also frocked to Second Class Petty Officer within six years, which I was told was a good accomplishment also. I received an LOC from COMSUBPAC as my end of tour award when I left the USS MCKEE (AS-41). While at VRC-30 at North Island I received the award for Shore Junior Sailor of the Month for April 1996. 1 also received a Letter of Appreciation and an USS MCKEE hard charger award. I've submitted this as an enclosure to show that I wasn't a problem sailor my entire enlistment. I was dedicated and a hard worker with accomplishment that were recognized by my peers and superiors.

My second set of enclosures (enclosure 2) are copies of most of my evaluations. Upon careful review I believe you will see a sailor who did his job with pride, who was a dedicated and hared worker. A sailor who was chosen for independent duty as Supply Yeoman while on the USS MCKEE (AS-41) and as Legal Yeoman while at VRC-30. A sailor who gave one hundred percent of what he could give. A sailor who was an excellent worker but had a problem.

My next set of enclosures which is marked enclosure (3) are letters of recommendation from the jobs I have had since I've been out of the Military. These letters are to show that I've been an asset to the companies where I have worked. I have been a contributor with the willingness to learn, grow, and be a part of the team. Also, I've included a letter from A_ S_ which explains my actions during a slight fender bender with our cars.

The following is the approval of my GI Bill benefits that was granted to me. I've been attending Coleman College in La Mesa, California and graduateed on May 30, 1999 with a certificate in Computer Engineering Technology. Enclosure (4) includes my GI Bill award and also a copy of my transcripts from Coleman College. I plan to continue with my education and eventually obtain a Masters from Coleman College. I had to petition to receive this benefit and have made the most of this opportunity and plan to continue to make the most of this opportunity. I would definitely make the most of any other benefits that I would receive as a result of the upgrade to my discharge. I know that life is short and what you make of it, and that I'm ultimately responsible for my actions.

The last enclosure I've included is my marriage certificate (enclosure 5) and a SD Cares brochure. I have a wonderful wife and a six-year-old son. I would love not to have any thing adverse affect my ability to provide for them and give them the best that life has to offer. I'm not only married; I'm also an active member of my community and donate time to SD Cares and Hope for Kids. I also attend church and have helped out with communion and scripture readings on several occasions. I have strived to make the most of my opportunities and have not been in any trouble since my discharge from Navy.

In conclusion, I believe that my service was excellent and dedicated up to the point of my Discharge due to misconduct. I served for almost six years, fours years with Honorable service with a Good Conduct and other various awards. My work ethic and dedication is reflected in my evaluations. I feel that my problem even though at that time was severe taught me a lesson I will never forget. I know I'm an Alcoholic/Drug Addict and will be the rest of my life. I learned that in rehabilitation and accept that I cannot drink nor use without severe consequences. I have not drunk or used since I've been out of the Navy and have no desire to either. I'm still attending meetings and have changed my life dramatically. I know I cannot have a second chance as far as serving in the military ever again. But a second chance for a person who has changed and is contributing to society and making the most of every opportunity would be an upgrade in discharge. Again, I believe that an upgrade should be granted on the basis of my entire military service and not one incident. I appreciate your time and consideration and pray that you see it in your hearts to grant me this upgrade. I know this would be a decision that would not be regretted. Respectfully, (applicant)






Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Letter to applicant from Pyxis, Associate Recruiter dated July 22, 1999
Letter from Pyxis offering employment dated June 25, 1999
Copy of drug screen dated June 30, 1999
Letter from minister dated October 25, 1999
Copy of Baptismal Certificate dated May 5, 1998
Twenty pages from applicant's service record
Letter of recommendation
Letter of recommendation dated April 1999
Character reference dated November 19, 1998
Letter from Department of Veterans Affairs re: Montgomery GI Bill benefits dated November 23, 1998 and July 27, 1998
Copy of unofficial transcript
Copy of certified abstract of marriage issued October 12, 1998
Copy of San Diego Cares flyer

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     910711 - 910717  COG

 Period of Service Under Review :
Date of Enlistment: 910718               Date of Discharge: 970530

 Length of Service (years, months, days):

         Active: 05 10 13
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4 (27 months extension)

 Education Level: 12                        AFQT: 74

 Highest Rate: YN2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.00 (5)    Behavior: 3.96 (5)                OTA: 3.96        4.0 evals
 Performance : 3.33 (3)    Behavior : 2.67 (3)                ITA : 3.05        5.0 evals

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, GCM, KLM, Letter of Commendation

 Days of Unauthorized Absence: 19

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 :

961003:  NAVDRUGLAB, San Diego, CA reported urine sample received 960913, tested positive for cocaine.
961106:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 4Sep96 until 23Sep96, violation of UCMJ Article 112A: Wrongfully use cocaine on 3Sep96 through 22Sep96, violation of UCMJ Article 123a (5 specs): (1) With intent to defraud, make a check to Morale Welfare Recreation Activity in the sum of $100.00 and did not have sufficient funds for payment on 6Sep96, (2) With intent to defraud, make a check to Morale Welfare Recreation Activity in the sum of $400.34 and did not have sufficient funds for payment on 6Sep96, (3) With intent to defraud, make a check to Morale Welfare Recreation Activity in the sum of $404.34 and did not have sufficient funds for payment on 6Sep96, (4) With intent to defraud, make a check to Morale Welfare Recreation Activity in the sum of $443.97 and did not have sufficient funds for payment on 6Sep96, (5) With intent to defraud, make a check to Morale Welfare Recreation Activity in the sum of $100.00 and did not have sufficient funds for payment on 8Sep96.
         Award: Forfeiture of $537.45 per month for 2 months, restriction and extra duty for 45 days, reduction to YNSN. No indication of appeal in the record.
961118:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense and misconduct due to drug abuse as evidenced by Commanding Officer's nonjudicial punishment.
961118:          Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.

961209:  Medical psychiatric diagnoses of alcohol dependence, in remission, and cocaine dependence, in remission.

961211:  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 and commission of a serious offense, that the misconduct warranted separation, and recommended discharge under other than honorable conditions.
970107:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse and commission of a serious offense.

970226:  BUPERS directed the applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

970301:  BUPERS authorized request to hold discharge to allow applicant to attend Level III rehabilitation.

970523:  Applicant completed Level III treatment.

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 970530 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 but inequitable (C and D).

In response to applicant’s issue 1, the Board, after reviewing the applicant’s entire record of service and significant post-service conduct, grants relief as authorized under provisions of SECNAVINST 5420.174C, enclosure (1), paragraph 9.3. The Board determined that while the applicant’s post-service record warrants an upgrade to general, the applicant’s overall record of service does not warrant an honorable 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 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      


Similar Decisions

  • USMC | DRB | 2005_Marine | MD0500762

    Original file (MD0500762.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable and that the narrative reason for separation be changed to: “RE code.” The Applicant requests a documentary record discharge review. My problems had to do with my off duty time. The applicant did not provide additional documentation for the Board’s consideration PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active:...

  • USMC | DRB | 2001_Marine | MD01-00158

    Original file (MD01-00158.rtf) Auto-classification: Denied

    MD01-00158 Applicant’s Request The application for discharge review, received 001121, requested that the characterization of service on the discharge be changed to Honorable. 940830: Applicant's counsel submitted a letter to the commanding general requesting that the applicant's request for separation in lieu of trial by courts-martial be approved and that characterization of service be under Honorable conditions (General). You should read Enclosure (5) of the Directive before submitting...

  • NAVY | DRB | 2002_Navy | ND02-01247

    Original file (ND02-01247.rtf) Auto-classification: Denied

    I even found the person I love the most in the world, my wife. At every job I've had since the Navy I've had to take drug tests. The Applicant is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge.

  • USMC | DRB | 2006_Marine | MD0600850

    Original file (MD0600850.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 (Service 2) (2)Letter from Applicant, dtd March 27, 2006 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USMCR (DEP) 19891219 - 19900204 COG Active: None Period of Service Under Review :Date of Enlistment: 19900205 Date of Discharge: 19960701 Length of Service (years, months,...

  • USMC | DRB | 2001_Marine | MD01-00188

    Original file (MD01-00188.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION [Concerning your Bad Conduct Discharge awarded at a Special Court-Martial on 970701. It is noted that for the same violation you were sentenced to a Bad Conduct Discharge at a Special Court-Martial on 970701 which was suspended for a period of 12 months.

  • NAVY | DRB | 2002_Navy | ND02-00451

    Original file (ND02-00451.rtf) Auto-classification: Denied

    ND02-00451 Applicant’s Request The application for discharge review, received 020228, requested that the characterization of service on the discharge be changed to honorable. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Letter from Applicant (2pgs) PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: USN None Inactive: USNR (DEP) 900216 - 900312 COG Period...

  • NAVY | DRB | 2001_Navy | ND01-00149

    Original file (ND01-00149.rtf) Auto-classification: Denied

    Decision A documentary discharge review was conducted in Washington, D.C. on 010406. When I joined the military I was young and irresponsible, I also had never really been away from home and I was afraid of facing life or growing up. 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

  • NAVY | DRB | 2005_Navy | ND0501162

    Original file (ND0501162.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. Under applicable regulations, administrative discharge processing on the basis of civilian conviction is not dependent upon a direct nexus of misconduct to military service. The NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces and this issue does not serve to provide a foundation upon...

  • NAVY | DRB | 2003_Navy | ND03-01407

    Original file (ND03-01407.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant states his discharge was based on one isolated incident in “12 years.” Despite a servicemember’s prior record of service, certain serious offenses, even though isolated, warrant separation from the naval service in order to maintain proper order and discipline. The NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, is...

  • NAVY | DRB | 2001_Navy | ND01-00336

    Original file (ND01-00336.rtf) Auto-classification: Denied

    Decision A documentary discharge review was conducted in Washington, D.C. on 010710. 830729: Retention Warning: Advised of deficiency (You have been identified as a drug abuser through urinalysis screening/awarded NJP under Article 15, UCMJ for a drug related offense), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. Unfortunately the applicant had only 15 years from the date of his discharge to request...