Search Decisions

Decision Text

NAVY | DRB | 2000_Navy | ND00-00412
Original file (ND00-00412.rtf) Auto-classification: Denied


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

ex-ACAA, USNR(TAR)
Docket No. ND00-00412

Applicant’s Request
The application for discharge review, received 000210, 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 000907. 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 25, Separation Authority should read: “NAVMILPERSMAN, Article 1910-146” vice “MILPERSMAN 3630620”. The original DD Form 214 should be corrected or reissued as appropriate.





PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1. I'm asking for this upgrade because my life has change. Im am now married and have a family. Im going back to college to get my degree and I will also like to get back in the Navy. I ask please grant me this upgrade so that I can get a good job and take care of my family. My wife means the world to me. I love her with all of my heart and I want to give her the world or die tring. I also love the Navy and I had great times there and I would love to come back in. Thank you

 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)     970723 - 971026  COG

 Period of Service Under Review :
Date of Enlistment: 971027               Date of Discharge: 981223

 Length of Service (years, months, days):

         Active: 01 01 27
         Inactive: None

 Age at Entry: 23                          Years Contracted: 8

 Education Level: 12                        AFQT: 57

 Highest Rate: ACAA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF                  Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: 3

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 :

980122:  Applicant to unauthorized absence 2200, 22Jan98.

 980126:  Applicant from unauthorized absence 0200, 26Jan98 (3 days/surrendered).

980706:  NAVDRUGLAB, Great Lakes, IL reported applicant's urine sample received 980630 tested positive for cocaine.
980930:  NJP for violation of UCMJ, Article 112A: Wrongful use of controlled substance on 24Jun98, to wit: cocaine.
         Award: Forfeiture of $308 per month for 2 months, extra duty for 45 days, reprimand in writing. No indication of appeal in the record.
981112:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
981112:          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.
981124:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

981204:  Chief of Naval Air Training 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 981223 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 found that the applicant was UA for 3 days and brought to CO’s NJP for wrongful use of cocaine. Although the applicant states he is back in college and a good job, this is not enough to upgrade his discharge.

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 . 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      

Similar Decisions

  • NAVY | DRB | 2003_Navy | ND03-00140

    Original file (ND03-00140.rtf) Auto-classification: Denied

    My name is (Applicant). Sir, have you ever been asked to " Die for your country?" At this time, the applicant has not provided any documentation for the Board to consider.

  • NAVY | DRB | 2000_Navy | ND00-00646

    Original file (ND00-00646.rtf) Auto-classification: Denied

    The applicant requested a documentary record discharge review. Although it would be hard to convince anyone that my discharge should be upgraded to an Honorable Discharge, I believe based on my record and the one time occurrence that I would deserve a General Discharge under Honorable conditions. At this time, the applicant has not provided any documentation of good character and conduct.

  • NAVY | DRB | 2000_Navy | ND00-00424

    Original file (ND00-00424.rtf) Auto-classification: Denied

    991021: 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). The attached documents along with my service record will that my general discharge should be upgraded.” The NDRB found the applicant’s issue without merit. After review of the applicant’s record the NDRB found,...

  • NAVY | DRB | 2002_Navy | ND02-01247

    Original file (ND02-01247.rtf) Auto-classification: Denied

    I even found the person I love the most in the world, my wife. At every job I've had since the Navy I've had to take drug tests. The Applicant is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge.

  • NAVY | DRB | 2002_Navy | ND02-00005

    Original file (ND02-00005.rtf) Auto-classification: Denied

    ND02-00005 Applicant’s Request The application for discharge review, received 010926, requested that the characterization of service on the discharge be changed to general/under honorable conditions. The Board reviewed the applicant’s service record and, although the discharge package is missing, noted the applicant had at least three NJP’s in his enlistment in addition to drug abuse. Heis reminded that he remains eligible for a personal appearance hearing, provided an application is...

  • NAVY | DRB | 2001_Navy | ND01-00776

    Original file (ND01-00776.rtf) Auto-classification: Denied

    Decision A documentary discharge review was conducted in Washington, D.C. on 011214. 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. 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...

  • NAVY | DRB | 2002_Navy | ND02-00170

    Original file (ND02-00170.rtf) Auto-classification: Denied

    ND02-00170 Applicant’s Request The application for discharge review, received 011213, requested that the characterization of service on the discharge be changed to general/under honorable conditions. Documentation Only the service and medical records were reviewed, as the applicant did not provide additional documentation for the Board to consider. Award: Forfeiture of $242 per month for 1 month, restriction and extra duty for 14 days, reduction to E-1 (suspended for 6 months).

  • NAVY | DRB | 2002_Navy | ND02-00885

    Original file (ND02-00885.rtf) Auto-classification: Denied

    ND02-00885 Applicant’s Request The application for discharge review, received 020607, requested that the characterization of service on the discharge be changed to honorable. I am a law abiding citizen who just wants to improve my situation, please help me.After a review of the Former Service Members (FSM) DD Form 293 Application for the Naval Discharge Review Board of Discharge or Dismissal from the Armed Forces of the United States and all of the evidence assembled for review, we continue...

  • NAVY | DRB | 2001_Navy | ND01-00326

    Original file (ND01-00326.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 Letter from applicant's father dated January 17, 2001 Letter to applicant's father from Commanding Officer dated July 22, 1997 Letter from applicant's father to Commanding Officer dated July 2, 1997 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USNR (DEP) 970130 -...

  • NAVY | DRB | 2004_Navy | ND04-00852

    Original file (ND04-00852.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 (Member 1 and 4) PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USNR (DEP) 010119 - 010220 COG Active: None Period of Service Under Review :Date of Enlistment: 010221...