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NAVY | DRB | 2000_Navy | ND00-00417
Original file (ND00-00417.rtf) Auto-classification: Denied


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

ex-AAA, USN
Docket No. ND00-00417

Applicant’s Request
The application for discharge review, received 000215, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. The applicant did not designate a 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 3630620.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. The reason why I am admitting this appeal is because my life outside of the military has not been what I anticipated because of the type of discharge I left with. Within the past two years I have lost my mother to cancer. That has awaken in me a desire to change my life for the better and with that in mind I would like to use my G.I. Bill to return to school and fulfill a promise that I made to her. A famous person once said "To err is human, but to forgive is divine". I am hoping that the past mistakes I've made can be forgiven and I am granted I new lease on life so that I can make things better for my two children and myself. I enjoy wholeheartedly my stay in the Navy and I left with no bitterness in my heart. If things work had worked out differently and I had used better judgment, I wouldn't have mine making the Navy a career choice. But I didn't so I am asking that you'll please reconsider my discharge not only for myself but give me a chance to make my family and the country I intended to serve, proud of me once again. My main and only is that feel should be address is upgrading my discharge only for the reason of using my G.I. Bill. With that in my please reconsider my discharge. Sincerely

 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)     940711 - 941010  COG

 Period of Service Under Review :
Date of Enlistment: 941011               Date of Discharge: 970903

 Length of Service (years, months, days):

         Active: 02 10 23
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 70

 Highest Rate: AN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.2 (1)     Behavior: 3.0 (1)                 OTA: 3.2

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, AFSM, AFEM, SSDR, NM

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 3630620.

 Chronological Listing of Significant Service Events :

[ADMIN DISCHARGE PACKAGE NOT CONTAINED IN SERVICE RECORD AND COULD NOT OBTAIN FROM APPLICANT.]
950207:  Summary Court Martial for violation of UCMJ, Article 91 (2 Specs): Spec 1 - fail to obey a lawful order issued by a second class to stand at parade rest, an order which it was his duty to obey, on or about 19 Jan 95, willfully disobey the same; Spec 2 - on or about 18Jan95, was disrespectful in language toward a second class;
Violation of UCMJ Article 117: on or about 18Jan95, wrongfully use reproachful words, to wit: "damn honkey", or words to that effect to a second class;
Violation of UCMJ Article 128 (2 Specs): Spec 1 - on or about 30Dec94, unlawfully strike a SR on the mouth with his fist; Spec 2 - on or about 18Jan95, unlawfully strike a SR on the mouth with his fist;
Violation of UCMJ Article 134: on or about 18Jan95 wrongfully communicate to a second class, a threat by saying, "I'll f___ you up.".
         Award: 10 days confinement. No indication of appeal in the record.
950207:  To confinement.

950224:  Released from confinement and returned to full duty.

 9611114:         NJP for violation of UCMJ, Article 91: disrespect towards a petty officer on 96OCT03; violation of UCMJ Article 92 (3 Specs): Dereliction of duty on 96OCT03, 96OCT31 and 96OCT03.
Award: Forfeiture of $200 per month for 20 months (suspended for 6 months), restriction and extra duty for 20 days. No indication of appeal in the record.
961114:  Retention Warning: Advised of deficiency (violation of UCMJ, Article 91 - disrespect and violation of UCMJ, Article 92 (3 Specs) - dereliction of duty), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

970723:  NJP for violation of UCMJ, Article 92: failed to obey USS ENTERPRISE Instruction 5440.2, para 5071, by smoking in an unauthorized smoking area during a fuel transfer on 97JUL10; violation of UCMJ, Article 112A: wrongful use of cocaine on 97JUN17.
Award: Forfeiture of $450 per month for 2 months, restriction and extra duty for 45 days, reduction to E-2. No indication of appeal in the record.

 970724:  DAAR: Positive for cocaine as result of unit sweep urinalysis on 18JUN97. Dependency not determined. Recommend separate for service not via VA hospital.
970903:  Applicant discharged Under Other Than Honorable Conditions by reason of misconduct due to drug abuse.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 970903 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 has no obligation to change the applicant’s discharge in order to allow him to get the GI BILL. The Board recognizes that serving in the Navy is very challenging to both the Sailor and his family members. Our country is fortunate to have men and women willing to endure the hardships and make the sacrifices required to serve their country. It must be noted that most Sailors serve honorably and well, and therefore, earn their honorable discharges. The applicant’s service is accurately characterized as having been performed under other than honorable conditions. Relief is not warranted.

 Pertinent Regulation/Law (at time of discharge)

 A . Navy Military Personnel Manual, (NAVPERS 15560C), Change 14, effective
03 Oct 96 until 11 Dec 97, Article 3630620 SEPARATION OF ENLISTED PERSONNEL 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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