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NAVY | DRB | 2000_Navy | ND00-00327
Original file (ND00-00327.rtf) Auto-classification: Denied


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

ex-FA, USN
Docket No. ND00-00327

Applicant’s Request
The application for discharge review, received 000112, requested that the characterization of service on the discharge be changed to Honorable. The applicant requested a documentary record discharge review. The applicant listed the American Legion as his representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000817. 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: GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. Since my discharge in 1994, I have become a highly motivated person, who strives for perfection, each and every day. I have received my Bachelor's Degree in June of 1999, and have been accepted to Touro Law School for the Fall 2000 year. I believe what I have done since my discharge will tell you I'm a productive member of society, who is very goal oriented.

2. To clear my conscience, and know that if this country ever went to war, that I wouldn't be passed over, if there was a draft, due to my RE-4 discharge.

3. I will soon be attending law school and feel that my motives will greatly be enhanced by knowing that the law dealt with my case, in a fair and precise manner, and that people do change over time.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Comments from American Legion dated March 16, 2000
Copy of DD Form 214 and 215

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     930914 - 931205  COG

 Period of Service Under Review :
Date of Enlistment: 931206               Date of Discharge: 950315

 Length of Service (years, months, days):

         Active: 01 03 10
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 51

 Highest Rate: FA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF                  Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

Days of Unauthorized Absence: 2

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630620.

 Chronological Listing of Significant Service Events :

940425:  NJP for violation of UCMJ, Article 92: Failure to obey a lawful regulation, to wit: underage drinking.
         Award: Forfeiture of $200 per month for 2 months, restriction and extra duty for 20 days. No indication of appeal in the record. [Extracted from CO's letter dated 19Dec94.]
940512:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 6May94 until 8May94, violation of UCMJ Article 92: Fail to obey a lawful regulation on 25Apr94.
         Award: Forfeiture of $200 per month for 1 month, restriction and extra duty for 20 days. No indication of appeal in the record.
940921:  NAVDRUGLAB, Jacksonville, FL reports applicant's urine sample received 940912 tested positive for cocaine.
941004:  NJP for violation of UCMJ, Article 112A: Wrongful use of a controlled substance.
         Award: Forfeiture of $416 per month for 2 months, restriction and extra duty for 45 days, reduction to E-X. No indication of appeal in the record.
941014:  DAPA found applicant not dependent on alcohol or cocaine and recommended Level II treatment and administrative separation.
941019:  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.
941019:          Applicant advised of his rights and having consulted with counsel certified under UCMJ, Article 27B, elected to appear before an Administrative Discharge Board.
941107:  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 General (under Honorable conditions).

941219:  Commanding officer recommended discharge General (under Honorable conditions) by reason of misconduct due to Drug abuse (Use).

950314:  BUPERS directed the applicant's discharge General (under 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 950315 General (under 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 is a highly motivated person, who strives for perfection. He earned a Bachelor’s Degree, has been accepted into Law school and is a productive member of society. The applicant did not provide documentation of his Bachelor’s degree, his acceptance into law school, or other evidence to demonstrate he is a productive member of society. The Board requires proof of any post-service accomplishments the applicant feels will justify upgrading his discharge. Relief denied.

In the applicant’s issue 2, the Board determined this issue is without merit. The applicant states he wants to clear his conscience. The Board determined the applicant is no longer obligated to the military for serving less than his full enlistment or for his misconduct. Neither is the military obligated to change the applicant’s discharge to clear his conscience. His discharge characterization accurately reflects the type service he provided, during his enlistment. He earned his discharge and the Board determined the discharge was proper and equitable. Additionally, the applicant did not provide any documentation of post-service accomplishments that would warrant recharacterization of his discharge. Relief denied.

In the applicant’s issue 3, the Board determined this issue is without merit. The applicant states his motives will greatly be enhanced by knowing the law dealt with his case in a fair and precise manner and people do change over time. The Board recognizes that people do change but the applicant provided no documentation to show that he has changed. His word alone is insufficient proof of any personal transformation which would warrant a discharge upgrade. The Board evaluated the applicant’s case based solely on the merits of his service, as show by the information contained in his service record, medical records, and any additional documents provided by the applicant for review. The document review evaluated the propriety and equity of the applicant’s discharge and searched for evidence of noteworthy, post-service conduct. The discharge was proper and equitable and there was no evidence of any post-service accomplishments to warrant recharacterizing his discharge. Relief is denied.

 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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