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NAVY | DRB | 2000_Navy | ND00-00383
Original file (ND00-00383.rtf) Auto-classification: Denied


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

ex-GSMFA, USN
Docket No. ND00-00383

Applicant’s Request
The application for discharge review, received 000204, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to Convenience of the Government. 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 000831. 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 1910-146, formerly Article 3630620.

The NDRB did note an administrative error on the original DD Form 214. Block 28, Narrative Reason for Separation should read: “MISCONDUCT” vice “BY REASON OF MISCONDUCT DUE TO DRUG ABUSE”. The original DD Form 214 should be corrected or reissued as appropriate.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. Dear Sir or Madam,

When I entered the Navy, I had a number of goals that I wanted to achieve. One of them was to utilize my enlistment as an opportunity to straighten out my life. I wanted to make something of myself. I thought that the discipline and educational opportunities provided by the Navy would help me to better myself mentally and physically. I had hoped to pursue psychology and complete at least two years of education during my four-year enlistment. However, the long working days and periodic cruises delayed my plans. An English Pace course was the only course I was able to complete, which was taught during my cruise.

Furthermore, I aspired to become a Navy Seal. I was intrigued by the metal and physical challenge and desired to be part of it. I also longed for the adventure that many seek when joining that type of unit. As the CDOPS cruise ended, I realized that my drinking was affecting my ability to attain my goals and dreams. So I quit drinking and began to train my body and mind, but it was too late. My drug test results had come back positive. I became scared and saw the life, which I longed for, disappear before my eyes. Plus, I would lose the honor, commitment and courage that the Navy had taught me. I lied out and because of fear.

Since my discharge, I have become more focused. I graduated from the National Aviation Academy, November of this year and hope to continue my education at Embry-Riddle Aeronautical University. My desires are to obtain bachelors in Human Factors and work in the aerospace field. Even with these two degrees I still have to battle the less than honorable I received from the Navy. I believe if my discharge status was changed my chances of finding employment and becoming a hardworking citizen would be secured. Hence, the reason for my appeal.

Thank you in advance for your time and consideration in this matter. Sincerely,
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
 Statement from applicant
 Copy of DD Form 214
Copy of Evaluation Report and Counseling Sheet for 97Jul16 to 98Jan15 and 98Jan16 to 98Jun17 (2 copies)
Copy of Specialized Associates Degree in Aviation Maintenance Technology
Copy of Temporary Airman Certificate
Ten pages from applicant's service (not previously available to the Board)
PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     960910 - 960924  COG

 Period of Service Under Review :
Date of Enlistment: 960925               Date of Discharge: 980617

 Length of Service (years, months, days):

         Active: 01 08 23
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 50

 Highest Rate: GSMFN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (2)    Behavior: 2.00 (2)                OTA: 2.84        5.0 evals

 Military Decorations: None

 Unit/Campaign/Service Awards: BEA

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 1910-146, formerly 3630620.

 Chronological Listing of Significant Service Events :

980514:  NAVDRUGLAB, Jacksonville, FL reports applicant's urine sample received 980508 tested positive for cocaine.
960603:  Applicant's statement. Found in case folder.

 980608:  NJP for violation of UCMJ, Article 107: False official statement on 15Apr98; violation of UCMJ Article 112A: Wrongful use of cocaine on 18May98.
         Award: Forfeiture of $515.85 per month for 2 months, restriction and extra duty for 45 days, reduction to GSMFA. No indication of appeal in the record.
980609:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by Naval Drug Laboratory, Jacksonville, FL message dated 142127Z May 98.
980609:          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.
980610:  Commanding officer recommended 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 980617 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).

The applicant’s issue (personal letter) was reviewed by the Board. While the NDRB finds the applicant’s accomplishments and pursuits commendable it did not find reason to upgrade the applicant’s discharge. The NDRB is authorized to consider post-service factors in the re characterization of a discharge. The applicant must be aware that there is no law or regulation which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the service. Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question. Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, may be considered by the NDRB. Relief is not warranted.


Pertinent Regulation/Law (at time of discharge)

 A . The Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective 12 Dec 97 to 19 May 99, Article 1910-146 (formerly 3630620), Separation 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      


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