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NAVY | DRB | 2000_Navy | ND00-01050
Original file (ND00-01050.rtf) Auto-classification: Denied


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

ex-MM3(AW), USN
Docket No. ND00-01050

Applicant’s Request
The application for discharge review, received 000918, requested that the characterization of service on the discharge be changed to General/under Honorable conditions. 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 010313. 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 (verbatim)

1. I hope the board will see that the discharge I accepted was a grave error on my behalf. At my captains mast I was recommended for retention but chose separation as I did not realize what an effect an OTH would have on my life in later years. At the time, my thought was "MM3X3 with (SW,AW) insignia and 7 yrs service", embarassment and shame was my deciding push.
Recently, while talking with some retirees and relatives about medical/health problems, it came to my attention that possible exposure may have occured while I served in the Gulf War. Skin, weight problem and such. I can't even get on the VA registry or be screened. Further more to my dismay, I cant use my G.I. Bill which I thought was secured with my first honerable discharge. I thought my obligation for that was all done. No VA home loan either?!! I would have definately finished my last hitch at all costs if I only knew what I stood to lose. As of now, I have a union job with full medical and dental plus pension. My wife and I are also foster parents with an 8 and 9 year old. I was recently left 50% equity in the house I grew up in and wish to purchase the remaining half. I need the help from the VA for some of these things and I'm sure if the board takes care in reviewing all documents submitted, I will be found to have served proudly and with honor, deserving of the benefits which I unknowingly deprived myself of. Respectfully,

Applicant marked the box on the DD Form 293: I have listed additional issues as an attachment to this application. None were found.


 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214 (Member 1)
Forty-three pages from applicant's service record
Copy of Honorable Discharge Certificate dated January 31, 1990
Copy of Certificate of Reenlistment dated February 1, 1990

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        860401 - 900131  HON
         Inactive: USNR (DEP)     850914 - 860331  COG

 Period of Service Under Review :
Date of Enlistment: 900201               Date of Discharge: 930409

 Length of Service (years, months, days):

         Active: 03 02 09
         Inactive: None

 Age at Entry: 22                          Years Contracted: 4

 Education Level: 12                        AFQT: 75

 Highest Rate: MM2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.90 (4)    Behavior: 3.90 (4)                OTA: 3.85

 Military Decorations: None

 Unit/Campaign/Service Awards: JMUC, NUC, HSM, KLM, SSDR (2), SASM, 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 :

910619:  NJP for violation of UCMJ, Article 86: Absence without leave.
         Award: Forfeiture of $500 per month for 1 month, restriction for 30 days, reduction to MM3. Reduction suspended for 6 months. No indication of appeal in the record.
930210:  Medical evaluation for drug abuse found the applicant to be a drug abuser, not drug dependent. Recommended separation.
930212:  NJP for violation of UCMJ, Article 112A: Wrongfully used amphetamine/methamphetamine.
         Award: Forfeiture of $630 per month for 2 months, restriction and extra duty for 45 days, reduction to MM3. No indication of appeal in the record.
930212:  Applicant notified of intended recommendation for discharge under Other Than Honorable conditions by reason of misconduct due to Drug abuse as evidenced by your service record.
930212:          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.
930302:  Commanding officer recommended discharge under Other Than Honorable conditions by reason of misconduct due to Drug abuse (Use).

930326:  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 930409 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).

Issue 1. The applicant states the discharge he accepted was a grave error on his behalf. He wants help from the VA to obtain benefits. He asks the NDRB to review all documents submitted and find that he served proudly and with honor and is deserving of the benefits he unknowingly deprived himself of. The Board determined the applicant’s issue is without merit. The applicant did not serve honorable and proudly. He was found guilty of unauthorized absence and drug abuse, on his final enlistment. Drug abuse requires mandatory processing for separation, according to Navy regulations. The only documents the applicant provided were copies of his service record, which do not justify an upgrade to his discharge. Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question. No such error or injustice occurred during the applicant’s enlistment. Additionally, 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 civilian life, subsequent to leaving the service. However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, 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. Verifiable proof of any post-service accomplishments must be provided in order for the applicant to claim post-service conduct and behavior as a reason to upgrade a less than Honorable discharge. Evidence of continuing educational pursuits, an employment record, documentation of community service, certification of non-involvement with civil authorities and proof of his not using drugs, are examples of verifiable documents that should have been provided to receive consideration for post-service accomplishments. The applicant did not provide any of these documents. He is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge. The applicant can provide additional documentation to support any claims of post-service accomplishments at that time. Legal representation at a personal appearance hearing is highly recommended but not required. Relief denied.

 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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