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NAVY | DRB | 2000_Navy | ND00-00061
Original file (ND00-00061.rtf) Auto-classification: Denied


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

ex-OS3, USN
Docket No. ND00-00061

Applicant’s Request
The application for discharge review, received 991012, 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 000616. 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.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1. Upon notification to my command of my positive urinalysis, DFAS-CL and P.S.D. BARBER'S PT. HI. Immediately stopped my payroll (DDS) and began to recover my re-enlistment bonus, without notifying me at all. I had approximately six to seven checks written in town and at the Navy Exchange and was unable to deposit funds into my account to cover these expenses. As a result, all these checks bounced and left me with an unfavorable credit rating and a debt of over $500.00 (to the best of my recollection.) This quickly compounded to near $1000.00 once into rest began to kick in. Also, I still had plenty of re-enlistment bonuses to pay back. Upon my arrival back home in Michigan, I repaid the debt immediately with the help of my father, but will still be left with a POOR credit rating for at least seven years, which I feel that I do not deserve at all! What can you do to correct this matter?

2. Block 15a of my form DD-214 is in error. I did in fact contribute $1200.00 to the post-Vietnam era Montgomery GI bill. Am I still eligible to attend school based on the Honorable discharge of my FIRST enlistment? If not, then I believe that I should be entitled to payment of the aforementioned sum of money.

3. Based on the outstanding service record that I had held, and strive so hard for up until this incident and prior honorable discharge, I believe that the treatment, punishment received, and physical and mental anguish that I have endured in the subsequent years following my discharge, far outweighs the one isolated incident that unfortunately occurred. So I am asking for an upgrade of my characterization, that I may finally be relieved of the suffering and duress I have experienced for so long. One final thought: The Navy was always very good to/for me up until the time of the incident, and ever since then I have been treated like an outcast to society. I would have MUCH rather have been counseled, rehabilitated, and returned to service for this great country, Thank you again for your consideration.


 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Statement from applicant
Request for payment dated November 4, 1996
Copy of notice of intent dated September 25, 1996
Copy of letter re payment dated October 20, 1998
Letter from Trans Union dated October 13, 1998
Two letters from State Senator dated October 27 1998
Copy of DD Form 214 (2 copies)
Ten pages from applicant's service record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        880106 - 930103  HON
         Inactive: USNR (DEP)     871210 - 880105  COG

 Period of Service Under Review :
Date of Enlistment: 930104               Date of Discharge: 950424

 Length of Service (years, months, days):

         Active: 02 03 21
         Inactive: None

 Age at Entry: 32                          Years Contracted: 3

 Education Level: 12                        AFQT: 93

 Highest Rate: 0S2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.75 (4)    Behavior: 3.40 (4)                OTA: 3.90

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR (3), NDSM, BER, SASR w/Star, GCM, NAM

 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 3630620.

 Chronological Listing of Significant Service Events :

930104:  Reenlisted for a term of three years onboard USS OUELLET.

 950109:  CDRTAMC Honolulu, HI report applicant's urine sample received 950104 tested positive for cocaine.
950113:  NJP for violation of UCMJ, Article 112A: Wrongful use of cocaine on 27Dec94.
         Award: Forfeiture of $661 per month for 2 months, restriction for 45 days, reduction to OS3. No indication of appeal in the record.
950120:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by your commanding officer's nonjudicial punishment on 13 January 1995.
950123:          Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
950227:  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.
950303:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

950329:  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 950424 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, the Board has no control over re-enlistment bonuses or the applicant’s credit rating.

In response to applicant’s issue 2, the Board found that an Honorable discharge after 36 months on active duty is required for entitlements to benefits under the G.I. Bill. The Board suggests that the applicant take a copy of his DD-214 and the DD Form 215 showing continuous honorable service from 06 January 1988 until 03 January 1993 to the nearest Department of Veterans Affairs Regional Office for further information.

In response to applicant’s issue 3, the Board finds that the applicant implies that a permissive doctrine exists whereby one in the military is allowed an "isolated incident". The Board believes that the applicant is confusing this with the civilian world wherein some offenses are treated with leniency because they are a first time incident on an otherwise clear record. No such leniency exists in the military. The applicant is responsible for his actions and must accept the consequences of his misdeeds. The Board will not grant relief on the basis of 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 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 9/94, effective
22 Jul 94 until 02 Oct 96, 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 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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