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NAVY | DRB | 2000_Navy | ND00-00261
Original file (ND00-00261.rtf) Auto-classification: Denied


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

ex-SKSN, USNR
Docket No. ND00-00261

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, authority: NAVMILPERSMAN, Article 3630620.

If appropriate add the following:
The NDRB did note an administrative error on the original DD Form 214. Block 24, Character of Service should read: “UNDER OTHER THAN HONORABLE CONDITIONS” vice “UNDER OTHER THAN HONORABLE”. The original DD Form 214 should be corrected or reissued as appropriate.




PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1. I feel that my discharge status should be upgraded based on my excellent service record. I made one terrible mistake and I have been paying for it since being discharged. That mistake was based on one isolated incident that I dearly regret. Because of this discharge status it has be very hard for me to provide for my family. I served with honor and respect and my service record reflects that. Please consider these issues carefully and come to a more just conclusion. I have inclosed a perfect evaluation while attached to USS Bainbridge CGN-25.


 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of Enlisted Performance Evaluation Report dated 94Jan31 to 94Jul08

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     920818 - 930412  COG

 Period of Service Under Review :
Date of Enlistment: 930413               Date of Discharge: 950628

 Length of Service (years, months, days):

         Active: 02 02 16
         Inactive: None

 Age at Entry: 23                          Years Contracted: 8

 Education Level: 12                        AFQT: 39

 Highest Rate: SK3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.80 (3)    Behavior: 3.87 (3)                OTA: 3.80

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, BER, SSDR

 Days of Unauthorized Absence: 4

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 :

930415:  Applicant briefed on Navy's policy on drug and alcohol abuse.

 950501:  NAVDRUGLAB, Norfolk, VA reported applicant's urine sample tested positive for cocaine.

950509:  Drug and Alcohol Abuse Report: Marijuana abuse, less than monthly, ashore off duty. Random urinalysis 950413. Commanding officer recommended separate not via VA hospital.
950511:  Medical evaluation for alcohol/drug abuse found the applicant to be a alcohol/drug abuser, not alcohol/drug dependent.

950522:  Applicant on unauthorized absence from USS BAINBRIDGE at Norfolk, VA from 0630, 95MAY15 until 0630, 95MAY19 (4 days/surrendered).
950526:  NJP for violation of UCMJ, Article 86: Unauthorized absence 0630, 15May95 until 0630, 19May95 (4 days/surrendered), violation of UCMJ Article 112A: Wrongful use cocaine on 11Apr95.
         Award: Forfeiture of $100 per month for 1 month, reduction to SKSN. No indication of appeal in the record.
950530:  Applicant notified of intended recommendation for discharge under Other Than Honorable conditions by reason of misconduct due to Drug abuse as evidenced by all drug incidents in your current enlistment.
950601:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ, Article 27B, elected to waive all rights.
950602:  Commanding officer recommended discharge under Other Than Honorable conditions by reason of misconduct due to Drug abuse (Use).

950615:  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 950628 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 his excellent service record should warrant re-characterization of his discharge. In accordance with Navy regulations, drug abuse requires mandatory processing for separation, regardless of the type service a member has provided prior to his misconduct. The discharge was proper and equitable. Relief denied.

The applicant claims his misconduct was an isolated incident. The Board could not determine if the applicant’s unauthorized absence or his drug abuse was the isolated incident. Regardless, Navy regulations require mandatory processing for drug abuse. The discharge was proper and equitable. Relief denied.

The applicant claims it is hard to provide for his family with an Other Than Honorable discharge. The Board regrets the difficulty the applicant is experiencing, caring for his family, but procedures are available which allow an individual the opportunity to earn a discharge upgrade. 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). However, accomplishing a single post-service factor is not justification to qualify a member for a discharge upgrade. His service record, in addition to his post-service accomplishments are reviewed and then the determination to upgrade a discharge or not is made by the Board. The applicant did not provide enough documentation to demonstrate good character and conduct. The applicant is encouraged to continue 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 . 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.

 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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