Search Decisions

Decision Text

NAVY | DRB | 2000_Navy | ND00-01077
Original file (ND00-01077.rtf) Auto-classification: Denied


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

ex-FR, USN
Docket No. ND00-01077

Applicant’s Request
The application for discharge review, received 000921, 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 010301. 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 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. My discharge was inequitable because it was based on a voluntary arrangement with no other adverse action or convictions.
My discharge is improper due to lung surgery the Navy performed on May 26.1995, which should have been reason for a medical discharge. I am now scarred and have been left with approximately one-third use of my right lateral muscle.
In conclusion to my issues, please consider this application for an upgrade of discharge to a general discharge. Note that in defense of my first issue that people can change for the good. Please do not hold nine months of my life against me for the rest of my life.

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)     950206 - 950327  COG

 Period of Service Under Review :
Date of Enlistment: 950328               Date of Discharge: 960102

 Length of Service (years, months, days):

         Active: 00 08 05
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4 (24 months extension)

 Education Level: 12                        AFQT: 50

 Highest Rate: FR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF                           Behavior: NMF             OTA: NMF

 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, authority: NAVMILPERSMAN, Article 3630620.

 Chronological Listing of Significant Service Events :

950905:  Medical report: Self-referral for marijuana use. Marijuana use 1- 3 times a day for 2 ½ yrs. Used LSD 3 times PTE. Alcohol abuse. Personality disorder NOS. This man has no motivation for treatment or continued military service and wants only to be discharged from USN. Found the applicant to be alcohol dependent, not drug dependent. Applicant declined treatment.
951018:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by your self referral to Naval Training Center, Great Lakes, Command DAPA Office on 4 September 1995, for marijuana and LSD use and refusal of Level III treatment.
951018:          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.
951027:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

951116:  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 960102 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 response to the applicant’s issue, the Board found the applicant implies that a permissive doctrine exists whereby one in the military is allowed a single misdeed with “no other adverse actions”. 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 even with self-referrals for drug abuse. The applicant is responsible for his actions and must accept the consequences of his misdeeds. In addition, 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. When reviewing a discharge, the Board does consider the extent to which an alleged medical problem, diagnosed or undiagnosed while on active duty, might effect an applicant's performance and ability to conform to the military's standards of conduct and discipline. The Board does not consider the circumstances surrounding the applicant's diagnosis or any medical treatment given to the applicant to be of sufficient nature to exculpate the applicant from his misconduct of record. In fact, the Board has seen no connection between the applicant's alleged medical condition and his abuse of illegal drugs. Relief is not warranted.

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 | 2000_Navy | ND00-00692

    Original file (ND00-00692.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION 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 issues 1 and 5, the Board found the applicant implies that a permissive doctrine exists whereby one in the military is allowed a “single misdeed”. In response to the applicant’s issues 3 and 4, the applicant’s misconduct outweighs the...

  • NAVY | DRB | 2001_Navy | ND01-01196

    Original file (ND01-01196.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-CMCR, USN Docket No. ND01-01196 Applicant’s Request The application for discharge review, received 010920, requested that the characterization of service on the discharge be changed to general/under honorable conditions. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Personal Reference ltr from EMCS(SW) S.E.

  • NAVY | DRB | 1999_Navy | ND99-00481

    Original file (ND99-00481.rtf) Auto-classification: Denied

    950823: Drug and Alcohol Abuse Report: Marijuana abuse July 14, 1995, less than monthly, ashore off duty, self referral/disclosure. Discharged OCT 19 1995 with a characterization as General Under Honorable Conditions.951018: BUPERS directed the applicant's discharge type warranted by service record by reason of misconduct due to drug abuse (use). PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 951012 general (under honorable...

  • USMC | DRB | 2001_Marine | MD01-00350

    Original file (MD01-00350.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION Not appealed.970924: Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.970925: Commanding officer recommended process applicant for discharge by reason of misconduct due to drug abuse and recommended retention. How well a Marine may have performed and conducted himself prior to any drug use does not negate the Marine Corps policy of zero tolerance for drug abuse.

  • NAVY | DRB | 2002_Navy | ND02-00207

    Original file (ND02-00207.rtf) Auto-classification: Denied

    The Board’s vote was unanimous that the character of the discharge shall not change. ]990423: Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use). 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.

  • NAVY | DRB | 1999_Navy | ND99-00560

    Original file (ND99-00560.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION There is no indication that the applicant turned himself in to the proper command representative or to a medical facility to qualify for self-referral amnesty. 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...

  • NAVY | DRB | 2003_Navy | ND03-00283

    Original file (ND03-00283.rtf) Auto-classification: Denied

    Recommend being discharged from the Naval service. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 19960505 under other than honorable conditions for misconduct due to drug abuse (use) (A). 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.

  • NAVY | DRB | 2002_Navy | ND02-00210

    Original file (ND02-00210.rtf) Auto-classification: Denied

    Documentation Only the applicant's service record was reviewed, as the applicant did not provide additional documentation for the Board to consider. 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 relief, based on post-service conduct. Navy Military...

  • NAVY | DRB | 2002_Navy | ND02-01185

    Original file (ND02-01185.rtf) Auto-classification: Denied

    It is recommended that the SNM be separated from the naval service. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 920317 under other than honorable conditions for misconduct due to drug abuse (use) (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.

  • NAVY | DRB | 2001_Navy | ND01-00116

    Original file (ND01-00116.rtf) Auto-classification: Denied

    ND01-00116 Applicant’s Request The application for discharge review, received 001031, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to Rentry & Separation Code. 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 the applicant implies that a...