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NAVY | DRB | 2000_Navy | ND00-00714
Original file (ND00-00714.rtf) Auto-classification: Denied


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

ex-AR, USN
Docket No. ND00-00714

Applicant’s Request
The application for discharge review, received 000510, requested that the characterization of service on the discharge be changed to general/under honorable conditions. The applicant requested a personal appearance discharge review hearing before a traveling panel closest to Buffalo, NY. The applicant did not list any representative on the DD Form 293. In the acknowledgement letter to the applicant, the applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing.

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 – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. I am asking for the review of discharge to be upgraded at least one level & for a change in my RE Code.

2. I am not saying my discharge was improper for my actions, at the time I did them, but now that I am older, wiser, mature, and educated I feel I should receive a discharge review.

3. At the time I was discharged for my action, I was just out of high school, immature, disrespectful, young, & stupid.

4. I think about what I did every day of my life, it was the worst thing I have done in my life. This review may be a little relief. I loved serving my country, & loved being in the Navy, I miss it every day of my life. I loved every minute of it until I preformed a stupid act in my life!

5. Now that I'm now older, wiser, more mature, educated, and have a family, and on top of all that a good job. I would like to have a second chance! I would like to serve part time in the Army Reserves. That is why I ask for this review. The Army Recruiter says my RE Code needs to be changed to go into the Reserves. Please consider Thank-you very much Hope to see or here from you soon


 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: USNR (DEP)     900912 - 910715  COG

 Period of Service Under Review :
Date of Enlistment: 910716               Date of Discharge: 930323

 Length of Service (years, months, days):

         Active: 01 11 08
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

 Education Level: 12                        AFQT: 45

 Highest Rate: AA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 1.00 (1)    Behavior: 1.00 (1)                OTA: 1.00

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

Days of Unauthorized Absence: None

 Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.

 Chronological Listing of Significant Service Events :

910717:  You are being retained in the Naval service, despite your defective enlistment and induction due to fraudulent entry into naval service as evidenced by your failure to disclose your pre service civil involvement: March 1989: Broken wind shield, not using turn signal Greenport NY. Fine $50.00 paid. However, any further deficiencies in performance or conduct may result in processing for administrative separation.

921217:  NJP for violation of UCMJ, Article 112A: Wrongful use of a controlled substance.
         Award: Forfeiture 1/2 pay per month for 2 months, reduction to AR. No indication of appeal in the record.
921228:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by punishment under the UCMJ in your current enlistment.
921229:          Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to waive all rights.
930000:  Applicant pending civil trial for charge of driving under the influence of drugs.
930105:  CAAC Screening: Applicant evaluated to have potential substance abuse problems due to a civil DUI in October 1992 and his admission of using crystal methamphetamines.
930114:  Medical evaluation for alcohol abuse found the applicant to be a alcohol dependent. Recommend Level III.

930115:  Drug and Alcohol Abuse Report: Amphetamines abuse, less than monthly, ashore off duty. Military police 15Dec92. CAAC and physician found applicant dependent and recommend separate from service via VA hospital. Commanding officer recommended separate via VA hospital.
930206:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

930211:  NJP for violation of UCMJ, Article 92: Failure to obey a lawful order, violation of UCMJ, Article 134: Disorderly conduct, to wit: drunk and disorderly which conduct was of a nature to bring discredit upon the Armed Forces dated 4Feb93, violation of UCMJ, Article 128: Assault upon a sentinel or lookout on 4Feb93, violation of UCMJ, Article 117: Provoking speeches or gestures on 4Feb93, violation of UCMJ, Article 108: Willfully damage, by punching a hole in a wall in barracks 299, military property on 4Feb93.
         Award: Forfeiture of $407 per month for 2 months, restriction for 60 days. No indication of appeal in the record.
930219:  BUPERS 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 839323 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: “I am asking for the review of discharge to be upgraded at least one level & for a change in my RE Code.” The NDRB found the applicant’s discharge proper and equitable. The applicant failed to provide any documentation to support his request for consideration of a discharge upgrade. Relief is denied. Concerning the applicant’s request for change in RE Code , the NDRB has no authority to change reenlistment codes or make recommendations to permit reentry into the naval service or any other of the Armed Forces. The NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy. Reenlistment policy of the naval service is promulgated by the Bureau of Naval Personnel, Pers-282, 5720 Integrity Drive, Millington, TN 38055. Neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to reenlistment. A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter. Relief, is therefore, denied.

The applicant’s second issue states: “I am not saying my discharge was improper for my actions, at the time I did them, but now that I am older, wiser, mature, and educated I feel I should receive a discharge review.” 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. The applicant failed to provide documentation to support his request. Relief is denied.

The applicant’s third issue states: “At the time I was discharged for my action, I was just out of high school, immature, disrespectful, young, & stupid.” The NDRB found this a non decisional issue. Relief is not warranted.

The applicant’s fourth issue states: “I think about what I did every day of my life, it was the worst thing I have done in my life. This review may be a little relief. I loved serving my country, & loved being in the Navy, I miss it every day of my life. I loved every minute of it until I preformed a stupid act in my life!” The NDRB found this a non decisional issue. Relief is not warranted.

The applicant’s fifth issue states: “Now that I'm now older, wiser, more mature, educated, and have a family, and on top of all that a good job. I would like to have a second chance! I would like to serve part time in the Army Reserves. That is why I ask for this review. The Army Recruiter says my RE Code needs to be changed to go into the Reserves. Please consider Thank-you very much Hope to see or here from you soon.” The NDRB found this issue non decisional. Refer to issue one and two regarding RE Codes and Post service conduct. Relief is not warranted.
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), effective 15 Aug 91 until 04 Mar 93, Article 3630620, SEPARATION OF ENLISTED MEMBERS BY REASON OF MISCONDUCT DUE TO 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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