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NAVY | DRB | 2000_Navy | ND00-00688
Original file (ND00-00688.rtf) Auto-classification: Denied


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

ex-SR, USNR
Docket No. ND00-00688

Applicant’s Request
The application for discharge review, received 000508, 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 001206. 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

 1. My record of UA indicates only minor or isolated offenses.

2. My use of drugs impaired my ability to serve.

3. The punishment I got was too harsh - it was much than most people got for the same offense.
4. My record of promotions showed I was generally a good service member.

5. I was so close to finishing my tour that it was unfair to give me a bad 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: None
         Inactive: None

 Period of Service Under Review :
Date of Enlistment: 930730               Date of Discharge: 961108

 Length of Service (years, months, days):

         Active: 02 04 03 (Doesn't exclude lost time.)
         Inactive: 00 11 05

 Age at Entry: 18                          Years Contracted: 8

 Education Level: 12                        AFQT: 47

 Highest Rate: SN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.60 (3)    Behavior: 3.60 (3)                OTA: 3.60

 Military Decorations: None

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

Days of Unauthorized Absence: 40

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 :

940706:  Ordered to active duty for 36 months under the Seaman Apprenticeship Program.

960724:  Report of Declaration of Deserter (NAVPERS 1600-3). Applicant declared a deserter on 960724 having been an unauthorized absentee since 0700, 970607 from USS NIMITZ (CVN-68).

960828:  NJP for violation of UCMJ, Article 86: (2 Specs), UA from 960619 until 960729 and failure to go at time prescribed at 0530, 960530, violation of UCMJ Article 134: Wrongfully use a false identification card.
         Award: Confinement for 30 days, forfeiture of $716.00 per month for 1 month, reduction to E-2. No indication of appeal in the record.
         (CA) 960830 Approved findings and sentences.

960903:  Report of Return of Deserter. Applicant surrendered at SEYMOUR JOHNSON AIRFORCE BASE, NORTH CAROLINA on 960729 (0900).

960921:  Released from confinement and returned to full duty.

961008:  NJP for violation of UCMJ, Article 112a: Wrongful use of a controlled substance between 960729 and 960828.
         Award: Forfeiture of $437.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-2. No indication of appeal in the record.

961015:  Medical evaluation indicated applicant does not have a drug or alcohol problem.
961010:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of a serious offenses as evidenced by your violation of the UCMJ, Article 86, unauthorized absence from 960619 until 960729 and Article 134, false or unauthorized pass offense on 960529, and misconduct due to drug abuse as evidenced by all drug incidents in your current enlistment.
961010:  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.
961025:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense and misconduct due to drug abuse (use).

961029:  COMCARGRU SEVEN 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 961108 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 first issue states: “My record of UA indicates only minor or isolated offenses.” The NDRB found that the applicant’s Unauthorized Absence was for 40 Days. An Unauthorized Absence over 30 days is considered a serious military offense, that, if tried at court martial can result in the award of a punitive discharge. Relief is denied.

The applicant’s second issue states: “My use of drugs impaired my ability to serve.” The applicant was evaluated as non dependant on drugs. Relief is denied.

The applicant’s third issue states: “The punishment I got was too harsh - it was much than most people got for the same offense.” The NDRB found the applicant’s punishments were within the limits set forth in the UCMJ. Relief is denied.

The applicant’s fourth issue states: “My record of promotions showed I was generally a good service member.” While the applicant feels he was generally a good service member, the record shows a pattern of serious misconduct marred the applicant’s service. Relief is not warranted.

The applicant’s fifth issue states: “I was so close to finishing my tour that it was unfair to give me a bad discharge.” This issue is irrelevant. The applicant was responsible for his conduct the entire time he was on active duty. Relief denied.

 The applicant is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. Representation at personal appearance hearing is highly recommended.



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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