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NAVY | DRB | 2000_Navy | ND00-00529
Original file (ND00-00529.rtf) Auto-classification: Denied


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


ex-HTFN, USN
Docket No. ND00-00529

Applicant’s Request
The application for discharge review, received 000317, 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 list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 001005. After a thorough review of the records, 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.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues (verbatim)
1. During my navy career I worked very hard and was part of a hall of fame division (RTC Great Lakes) 2 nd in my class HT"A" School, top 5 HT"C" School, completed a successful counter drug operations, team leader repair 5 #1 nozzelman crash and salvage team. I worked very hard while in the navy, and a mistake left me with a discharge which could hold me back for the rest of my life. Please consider my case and the fact that my life could be greatly altered by receiving an honorable discharge.
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
None

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
          Inactive: USNR (DEP)     960517 - 961020  COG
Period of Service Under Review :
Date of Enlistment: 961021               Date of Discharge: 990421

 Length of Service (years, months, days):
         Active: 02 06 01
          Inactive: None
Age at Entry: 20                          Years Contracted: 4 (24 months extension)
Education Level: 12                        AFQT: NMA

 Highest Rate: HT3
Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.00 (2)    Behavior: 3.50 (2)                OTA: 3.41
Military Decorations: None

 Unit/Campaign/Service Awards: NAVY"E"RIBBON, MUC, SSDR

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 :
970313:  NJP for violation of UCMJ, Article 92: Underage drinking.
         Award: Forfeiture of $100.00 per month for 1 month (suspended for 6 months), restriction and extra duty for 14 days (suspended for 6 months). No indication of appeal in the record.
970313:  Retention Warning: Advised of deficiency (Poor military performance, to wit: underage drinking), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning [EXTRACTED FROM CASE FILE].

980528:  Retention Warning: Advised of deficiency (failure to re-qualify as a certified welder in accordance wit the provision of NEC 4954 is a mark of unsatisfactory professional development, and places you in jeopardy of being transferred from your present duty in USS MCINERNEY 9FFG-8) to a billet elsewhere that does not require welding capability), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning [EXTRACTED FROM CASE FILE].

990323:  NJP for violation of UCMJ, Article 86: Unauthorized absence.
         Award: Restriction to ship and extra duty for 10 days. No indication of appeal in the record.
990408:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse evidenced by admission and commission of a serious offense as evidenced by CO's NJP for violation of UCMJ Article 92, held on 970313 and pattern of misconduct as evidenced by CO's NJP for violation of UCMJ Article 92, held on 970313; subsequent violation of NAVPERS 1070/613 dated 970317; and CO's NJP for violation of UCMJ Article 86, held on 990323 [EXTRACTED FROM CASE FILE].
990408:          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 submit statements to the Administrative Board or the Separation Authority in lieu of a board and obtain copies of the documents used to support the basis for the separation [EXTRACTED FROM CASE FILE].
990414:  Commanding officer recommended authorized discharge under other than honorable conditions by reason of misconduct due to drug abuse (use). Commanding officer’s comment’s (verbatim): During an NCIS investigation of suspected narcotics dealing by RM3_____, USS McInerney, HT3_____(applicant), a roommate of the primary suspect, was identified as a potential drug user. Under rights advisement, HT3_____(applicant) admitted to using cocaine three times. This misconduct demonstrates a severe departure from the Navy’s standards of conduct and blatant disregard for the zero tolerance drug policy.
 However, HT3_____(applicant) has performed satisfactorily in his military duties, and has a trait average of 3.42. He has demonstrated potential for continued service in the United States Navy; however, HT3_____(applicant) has also demonstrated an unwillingness to abide by Navy standards of conduct as evidenced by his underage drinking violation and his recent unauthorized absence. Coupled with his disregard for the navy’s zero tolerance policy, I no longer have confidence that HT3_____(applicant)’s character fits the mold of a Unites States Navy sailor. Based on his use of cocaine, I recommend HT3______(applicant) be discharged from the United States Navy. Based on his trait average, above average performance in assigned military duties, and in accordance with MILPERSMAN 1910-304, I recommend a discharge characterization of general [EXTRACTED FROM CASE FILE].
990419:  Commander Western Hemisphere Group authorized applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use) [EXTRACTED FROM CASE FILE].

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 990421 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, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).
In issue 1, the applicant implies that a permissive doctrine exists whereby one in the military is allowed a single “mistake". The Board believes that the applicant is confusing this with the civilian world wherein some offenses are treated with leniency because they are a first time incident on an otherwise clear record. No such leniency exists in the military. The applicant is responsible for his actions and must accept the consequences of his misdeeds. The Board will not grant relief on the basis of this issue.
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      


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