Search Decisions

Decision Text

NAVY | DRB | 2000_Navy | ND00-00258
Original file (ND00-00258.rtf) Auto-classification: Denied


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

ex-SHSR, USN
Docket No. ND00-00258

Applicant’s Request
The application for discharge review, received 991215, 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 000810. 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 respectfully request a change in my discharge. I do realize that I did make mistakes during my service. I was not offered a drug program during my enlistment to aid in the help of this problem. I was told at the time of my discharge that I could get my discharge changed from under other than honorable to general under honorable.

Thank you for your time concerning this matter.


 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: None
         Inactive: USNR (DEP)     860717 - 860804  COG

 Period of Service Under Review :
Date of Enlistment: 860805               Date of Discharge: 880801

 Length of Service (years, months, days):

         Active: 01 11 29
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 40

 Highest Rate: SHSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.30 (2)    Behavior: 2.67 (3)                OTA: 2.80

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR with Bronze Star, AFEM, NER

 Days of Unauthorized Absence: None

 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 :

860811:  Applicant briefed on Navy's policy on drug and alcohol abuse.

 880122:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 0000, 12 January 1988 until 0808, 13 January 1988, violation of UCMJ, Article 87: Missing ship movement.
         Award: Forfeiture of $100 per month for 1 month, restriction and extra duty for 30 days, reduction to SHSA. Reduction suspended for 6 months. No indication of appeal in the record.
880126:  Retention Warning: Advised of deficiency (On 12 January 1988 you violated the Uniform Code of Military Justice, Article 86, 87 unauthorized absence and missing ship movement.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

886010:  Vacate suspended reduction to SHSA awarded at CO's NJP dated 22Jan88.
880610:  NJP for violation of UCMJ, Article 112A: Wrongfully use marijuana and cocaine on 27Apr88.
         Award: Forfeiture of $300 per month for 2 months, restriction and extra duty for 45 days, reduction to SHSR. No indication of appeal in the record.
880711:  Drug and Alcohol Abuse Report: Cocaine abuse, 1-3 times per month, ashore off duty. Random urinalysis 880427. DAPA and physician found applicant not dependent. Commanding officer recommended separation not via VA hospital. Comments: SNM does not exhibit potential for further naval service. CO's recommendation: process for administrative discharge. NJP Art 112A: use of dangerous drugs (cocaine) 10Jun88; previous suspension of reduction in rate vacated, reduced to paygrade E-1, forfeiture of $300.00 pay for two months, 45 days restriction and extra duty.

880719:  Applicant notified of intended recommendation for discharge under Other Than Honorable conditions by reason of misconduct due to Drug abuse and misconduct due to Commission of a serious offense.
880719:          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.
880721:  Commanding officer recommended discharge under Other Than Honorable conditions by reason of misconduct due to Drug abuse (Use). Commanding officer’s comments (verbatim): SNM has no potential for further naval service. Further counseling in this case would be fruitless. I recommend SHSR (applicant) be separated from the naval service by reason of misconduct due to Drug abuse as evidenced by using marijuana and cocaine and misconduct due to Commission of a serious military offense and that he be separated from the naval service with an other than honorable discharge.

880727:  CNMPC 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 880801 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 determined this issue is without merit. The applicant claims he realizes he made a mistake, he was not offered a drug program and he was told he could get his discharge changed to General, under Honorable conditions. The Board accepts the applicant’s acknowledgement that he made a mistake during his military service but does not accept that as excuse for his misconduct. The applicant was not offered a drug program because he was evaluated as not drug dependent . The Navy is under no obligation to offer drug abuse rehabilitation to non-dependent drug users. Finally, receiving a discharge recharacterization is not an automatic process. 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 to demonstrate good character and conduct. The applicant is encouraged to begin establishing 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 . The applicant 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. Navy Military Personnel Manual, (NAVPERS 15560A), effective 15 Jun 87 until
10 Jan 89, 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      


Similar Decisions

  • NAVY | DRB | 2001_Navy | ND01-01174

    Original file (ND01-01174.rtf) Auto-classification: Denied

    ND01-01174 Applicant’s Request The application for discharge review, received 010917, requested that the characterization of service on the discharge be changed to general/under honorable conditions. CO order SHSN (applicant) to be administratively separated, no CAAC/Med screening done.961203: DD Form 214: Applicant discharged 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...

  • NAVY | DRB | 2000_Navy | ND00-00858

    Original file (ND00-00858.rtf) Auto-classification: Denied

    ND00-00858 Applicant’s Request The application for discharge review, received 000705, requested that the characterization of service on the discharge be changed to honorable. My discharge was inequitable and I don't believe I deserved the discharge I received because one incident in my 12 months of service. 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...

  • NAVY | DRB | 2000_Navy | ND00-00660

    Original file (ND00-00660.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: None Inactive: USNR (DEP) 810327 - 810719 COG Period of Service Under Review :Date of Enlistment: 810720 Date of Discharge: 850509 Length of Service (years, months, days): Active: 03 09 20 Inactive: None Age at Entry: 19 Years Contracted: 4 Education Level:...

  • NAVY | DRB | 2003_Navy | ND03-00090

    Original file (ND03-00090.rtf) Auto-classification: Denied

    ND03-00090 Applicant’s Request The application for discharge review, received 20021016, requested that the characterization of service on the discharge be changed to general/under honorable conditions. Decision A documentary discharge review was conducted in Washington, D.C. on 20030912. Soon after that I was promptly with an “Other than Honorable” discharge indicating the reason as Drug Abuse.The events leading to my discharge require more of an explanation and I would like to take this...

  • NAVY | DRB | 2001_Navy | ND01-00943

    Original file (ND01-00943.rtf) Auto-classification: Denied

    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.The applicant used illegal drugs. 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. You may view...

  • NAVY | DRB | 1999_Navy | ND99-01199

    Original file (ND99-01199.rtf) Auto-classification: Denied

    Appealed denied 931104.931105: Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.931105: Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 940211 under other than honorable conditions for...

  • NAVY | DRB | 2000_Navy | ND00-00706

    Original file (ND00-00706.rtf) Auto-classification: Denied

    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’s issue states: “I request the Board to review my O.T.H in 1987 in light of my supporting letter s and previous service time (82-86 Honorable). My discharge in 1987 was based on a non-reoccurring incident and since I've become a hard working church going individual.” The NDRB considered the applicant’s...

  • NAVY | DRB | 2000_Navy | ND00-00556

    Original file (ND00-00556.rtf) Auto-classification: Denied

    I (applicant) was released from military service with an other than honorable due to drug test. No indication of appeal in the record.880519: Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by your wrongful use of cocaine.880519: Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.880523: Commanding...

  • NAVY | DRB | 2001_Navy | ND01-00193

    Original file (ND01-00193.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) 850227 - 850429 COG Period of Service Under Review :Date of Enlistment: 854030 Date of Discharge: 870717 Length of Service (years, months, days): Active: 02 02 18 Inactive: None Age at Entry: 17 Years Contracted: 4 Education...

  • NAVY | DRB | 2000_Navy | ND00-00159

    Original file (ND00-00159.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of DD Form 214 (2 copies) Twenty-one pages from applicant's service record PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: None Period of Service Under Review :Date of Enlistment: 820604 Date of Discharge: 860923 Length of Service (years, months, days):Active: 04 03 20 Inactive: None ),...