Search Decisions

Decision Text

NAVY | DRB | 2000_Navy | ND00-00756
Original file (ND00-00756.rtf) Auto-classification: Denied


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

ex-MSSA, USN
Docket No. ND00-00756

Applicant’s Request
The application for discharge review, received 000526, requested that the characterization of service on the discharge be changed to general/under honorable conditions and the reason for the discharge be changed to convience to the govt. 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 001214. 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. Request that my discharge be upgraded to general under honorable conditions and the narrative reason be changed to convience to the government. This was harsh punishment considering the regulations that I broke. They did not consider my extinguishing circumstances. I served a previous enlistment before I re-enlisted and served honorable. I should have been issued a DD 214 for that service but was not.


 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: USN                        890328 - 930227  HON
         Inactive: USNR (DEP)     890228 - 890327  COG

 Period of Service Under Review :
Date of Enlistment: 930228               Date of Discharge: 941205

 Length of Service (years, months, days):

         Active: 01 09 08
         Inactive: None

 Age at Entry: 29                          Years Contracted: 4

 Education Level: 12                        AFQT: 32

 Highest Rate: MSSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.60 (1)    Behavior: 3.60 (1)                OTA: 3.60

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SASM with 2 Stars, KLM, SSDR (2), CGOR, NUC

 Days of Unauthorized Absence: 23

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 :

930228:  Applicant re-enlisted for 4 years.

931207:  NAVDRUGLAB, Norfolk, VA reports applicant's urine sample received 931201 tested positive for cocaine.

940218:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 0800, 11Jan94 to 1315, 21Jan94 (10 days/surrendered), violation of UCMJ Article 112A: Wrongful use of a controlled substance, to wit: cocaine on 30Oct93.
         Award: Forfeiture of $466 per month for 2 months, restriction and extra duty for 45 days, reduction to MSSA. Appealed 940301. Appeal denied 940401.
940405:  Drug and Alcohol Abuse Report: Cocaine abuse, abuse denied, ashore off duty, random urinalysis 931201. Physician found applicant not dependent and recommended separate not via VA hospital. Commanding officer recommended separate via VA hospital. Comments: MSSN (applicant) is a 30 y/o male with 04 years of continuous active duty service at time of incident. He as a command referral after a positive urinalysis for cocaine on 01 Dec 93. Member was evaluated by the Medical Officer and found to be not dependent.
940511:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by Commanding Officer's non-judicial punishment of 18 February 1994 and by service record entries.
940728:          Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
940803:  Applicant to unauthorized absence 0730, 3Aug94.

 940805:  Applicant from unauthorized absence 0730, 5Aug94 (2 days/surrendered).
940927:  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 under other than honorable conditions.
941004:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

941004:  Applicant to unauthorized absence 1930, 4Oct94.

 941015:  Applicant from unauthorized absence 1500, 15Oct94 (10 days/surrendered).
941115:  Applicant to unauthorized absence 1500, 15Nov94.

 941114:  BUPERS directed the applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

941117:  Applicant from unauthorized absence 0700, 17Nov94 (1 day/surrendered).

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 941205 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 response to the applicant’s issue, the Board found that the discharge given the applicant was fair and equitable. The Navy has a ‘zero tolerance’ policy toward drug abusers. The NDRB, under its responsibility to examine the propriety and equity of an applicant's discharge, will change the reason for discharge if such a change is warranted. The summary of service clearly documents that drug abuse was the reason the applicant was discharged. No other Narrative Reason for Separation could more clearly describe why the applicant was discharged. To change the Narrative Reason Separation would be inappropriate. The Board has no authority to issue the applicant a DD Form 214 for his first enlistment. Relief denied.

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 . Navy Military Personnel Manual, (NAVPERS 15560C), Change 9/94, effective
22 Jul 94 until 02 Oct 96, 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      


Similar Decisions

  • NAVY | DRB | 2002_Navy | ND02-00968

    Original file (ND02-00968.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 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USNR (DEP) 901023 - 901225 COG Active: None Period of Service Under Review :Date of Enlistment: 901226 Date of Discharge: 921231 Length of Service (years, months, days):Active: 02 00 06 Inactive: None 920818: An Administrative Discharge...

  • NAVY | DRB | 1999_Navy | ND99-01248

    Original file (ND99-01248.rtf) Auto-classification: Denied

    Alcohol was an every day part of my life. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Statement form applicant Copy of DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USNR (DEP) 960530 - 961104 COG Period of Service Under Review :Date of Enlistment: 961105 Date of Discharge: 980918 Length of Service (years, months,...

  • NAVY | DRB | 2003_Navy | ND03-00247

    Original file (ND03-00247.rtf) Auto-classification: Denied

    In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing. 910913: 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 under other than honorable conditions. You may view DoD Directive...

  • NAVY | DRB | 1999_Navy | ND99-00076

    Original file (ND99-00076.rtf) Auto-classification: Denied

    For these reasons and the fact that this service member has become an administrative burden to this command, I strongly recommend MSSR (applicant) be separated from the naval Service with a General Discharge.891212: CNMPC directed the applicant's discharge under honorable conditions (general) by reason of misconduct due to drug abuse (use). PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 891219 with a GENERAL discharge because of...

  • NAVY | DRB | 2001_Navy | ND01-00850

    Original file (ND01-00850.rtf) Auto-classification: Denied

    ND01-00850 Applicant’s Request The application for discharge review, received 010612, requested that the characterization of service on the discharge be changed to honorable or general/under honorable conditions. 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 900319 - 940318 HON Inactive: USNR...

  • NAVY | DRB | 2000_Navy | ND00-00076

    Original file (ND00-00076.rtf) Auto-classification: Denied

    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 issue 1, the applicant states that his “discharge was inequitable because it was based on one NJP incident in 6 years of service with no other adverse action”. At this time, the applicant has not provided any documentation of good character and conduct. Navy Military Personnel Manual, (NAVPERS 15560A), effective...

  • NAVY | DRB | 2001_Navy | ND01-00504

    Original file (ND01-00504.rtf) Auto-classification: Denied

    I were being consider for a medical review board. 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 response to the applicant’s issue, the Board found that a medical diagnosis on active duty or during post-service, and whether proper or improper, is not an issue upon which this Board can grant relief. At this time, the applicant has not provided any documentation of good character...

  • NAVY | DRB | 1999_Navy | ND99-00102

    Original file (ND99-00102.rtf) Auto-classification: Denied

    No indication of appeal in the record.850831: Commanding Officer USS MOBILE (LKA 115) notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct- pattern – frequent involvement of a discreditable nature with civil or military authorities as evidenced by five CO NJP's, misconduct due to drug abuse as evidenced by CO's NJP dated 24 Apr 85, and misconduct due to commission of a serious offense as evidenced by CO's NJP's dated 25...

  • NAVY | DRB | 2001_Navy | ND01-01172

    Original file (ND01-01172.rtf) Auto-classification: Denied

    ND01-01172 Applicant’s Request The application for discharge review, received 010917, requested that the characterization of service on the discharge be changed to honorable. 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) None Period of Service Under Review :Date of...

  • NAVY | DRB | 2001_Navy | ND01-00775

    Original file (ND01-00775.rtf) Auto-classification: Denied

    Age at Entry: 22 Years Contracted: 2 (4 months extension) Education Level: 9 GED AFQT: 33 Highest Rate: MS3 Final Enlisted Performance Evaluation Averages (number of marks): Performance: 3.00 (4) Behavior: 2.75 (4) OTA: 2.75 Military Decorations: None Unit/Campaign/Service Awards: SSDR, BER with 1 Star, NEM, MUC 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),...