Search Decisions

Decision Text

NAVY | DRB | 2001_Navy | ND01-00190
Original file (ND01-00190.rtf) Auto-classification: Denied


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

ex-HTFN, USN
Docket No. ND01-00190

Applicant’s Request
The application for discharge review, received 001205, 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 010601. 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 1910-146, formerly Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. B____ has a broken left elbow and can not write this himself. This discharge was based solely on one incident in the 36 months I served in the USN. On or about May 31, I left NOB Norfolk to return to my family. My whole family was nearly killed on May 3, 1999 during the OKC Tornado. My parents and younger sister were in our house when it was destroyed I was c__ with fear that my hole family was dead. I wasn't thinking rationally when I went awol. I have earned several letters of commendation. I was part of the East Crew of the USS Guam. I was part of the decommissioning crew on the Guam I received those letters. I also received the Navy achievement Medal and the Surface Warfare Pin. I served with great pride on both the USS Guam and the USS Normandy. I fulfilled every task given me with the utmost skill, making sure to do every detail with knowledge as well as in a timely manner. I respectfully request aver an upgrade in my discharge to honorable.

Documentation
In addition to the service record, NO NOTIFICATION OR STATEMENT OF AWARENESS AVAILABLE, the following additional documentation, submitted by the applicant, was considered:
Letter from Applicant's parents (2pgs)
Letter from Director, White House Liaison Office
Copies of Certificates of Commendation (2)
Copy of Navy and Marine Corps Achievement Medal Certificate
Copy of Enlisted Surface Warfare Specialist (ESWS) Designation Letter
Copy of Enlisted Surface Warfare Specialist (ESWS) Certificate

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     951222 - 960630  COG

 Period of Service Under Review :
Date of Enlistment: 960701               Date of Discharge: 990820

 Length of Service (years, months, days):

         Active: 03 01 20
         Inactive: None

 Age at Entry: 17                          Years Contracted: 4 (24 months extension)

 Education Level: 12                        AFQT: NFIR

 Highest Rate: HT3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.00 (1)    Behavior: 1.00 (1)                OTA: 2.86

 Military Decorations: NMCAM

 Unit/Campaign/Service Awards: SSDR, AFSM, AFEM

Days of Unauthorized Absence: 45

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-146, formerly 3630620.

 Chronological Listing of Significant Service Events :

970320:  NJP for violation of UCMJ, Article 92: Drinking alcohol 12 prior to a training day, underage drinking, (2 Specs).
Award: Forfeiture of $100.00 per month for 1 month, restriction and extra duty for 7 days (suspended for 6 moths). No indication of appeal in the record.
990716:  Navy Medical Center Portsmouth Patient Lab Inquiry indicates applicant tested positive for THC.

990721:  Navy Med Center Portsmouth Inpatient Disposition Discharge Order indicates applicant's primary diagnosis was Borderline Personality Disorder, found alcohol, THC, LSD, and nicotine dependent. Recommended for Level III Residential Treatment for multiple substance dependence prior to separation.

990722:  Military Suspect's Acknowledgement and Waiver of Rights.

990726:  NJP for violation of UCMJ, Article 86: Absence without leave 990601-990715 [45days], violation of UCMJ Article 87: Missing Movement, violation of UCMJ Article 112a: (3 Specifications), Wrongful use of a controlled substances to wit: Marijuana, Lysergic Acid Diethylamide (LSD) and Methamphetamines on or about 990712.
         Award: Forfeiture of $589.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-3. No indication of appeal in the record.
990730:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by CO's NJP 990715 for violation of Article 112a (Wrongful Use of a Controlled Substance - Marijuana, Lysergic Acid Diethylamide (LSD), and Methamphetamine), and by reason of misconduct due to commission of a serious offense as evidenced by CO's NJP 990715 for violation of Article 87 (Missing Movement).

990805:  Commander, Cruiser Destroyer Group TWO authorized 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 990820 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 issue describes the circumstances surrounding his misconduct. He states: “….This discharge was based solely on one incident in the 36 months I served in the USN. On or about May 31, I left NOB Norfolk to return to my family. My whole family was nearly killed on May 3, 1999 during the OKC Tornado. My parents and younger sister were in our house when it was destroyed I was c__ with fear that my hole family was dead. I wasn't thinking rationally when I went awol. I have earned several letters of commendation. I was part of the East Crew of the USS Guam. I was part of the decommissioning crew on the Guam I received those letters. I also received the Navy achievement Medal and the Surface Warfare Pin. I served with great pride on both the USS Guam and the USS Normandy. I fulfilled every task given me with the utmost skill, making sure to do every detail with knowledge as well as in a timely manner. I respectfully request aver an upgrade in my discharge to honorable.” The Board found that the applicant was properly separated for his misconduct- drug abuse. The applicant admitted use of illegal drugs. The Board found the negative aspects of the applicant’s service outweighed his positive contributions. An Other Than Honorable discharge accurately characterizes the applicant’s service. Relief is not warranted.

 The NDRB is authorized to consider post-service factors in the re characterization of a discharge. 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 did not provide any post service documentation for the Board’s consideration.

The applicant 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 . The Naval Military Personnel Manual, (NAVPERS 15560C), Change 24, effective 20 May 99 until 26 March 2000, Article 1910-146 (formerly 3630620), Separation 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      


Similar Decisions

  • NAVY | DRB | 1999_Navy | ND99-00469

    Original file (ND99-00469.rtf) Auto-classification: Denied

    He stated that he is extremely unhappy with military life and particularly duties with this current command the USS ABRAHAM LINCOLN. 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 applicant’s issue 1, the applicant implies that a permissive doctrine exists whereby one in the military is allowed an "isolated incident". The applicant

  • NAVY | DRB | 2003_Navy | ND03-01102

    Original file (ND03-01102.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. 000502: CHNAVPERS recommended to the Secretary of the Navy that Applicant be discharged with a general (under honorable conditions) by reason of misconduct due to commission of a serious military or civilian offense. The NDRB is authorized, however, to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more...

  • NAVY | DRB | 2005_Navy | ND0501219

    Original file (ND0501219.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. No indication of appeal in the record.041221: DD Form 214: Applicant discharged under other than honorable conditions by reason of misconduct due to drug abuse, authority: MILPERSMAN, Article 1910-146.Service Record did not contain the Administrative Discharge package. As of this time, the Applicant has not provided any post-service documentation for the Board to consider.

  • 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 | ND99-00939

    Original file (ND99-00939.rtf) Auto-classification: Denied

    Dear DRB, I am writing this letter to your board, in hopes of changing my discharge from a General under Honorable Conditions to an Honorable Discharge. 961129: Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).9612XX: From Pers 83: “EN3 H___[applicant] tested positive for marijuana use. You may obtain a copy of DoD Directive 1332.28 by writing to: DA Military Review Boards Agency Management Information and...

  • NAVY | DRB | 2000_Navy | ND00-00538

    Original file (ND00-00538.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): Active: USN None Inactive: USNR (DEP) 871016 - 881006 COG Period of Service Under Review :Date of Enlistment: 881007 Date of Discharge: 920304 Length of Service (years, months, days):Active: 03 04 28 Inactive: None This was there way of avoiding have...

  • NAVY | DRB | 1997_Navy | ND97-01339

    Original file (ND97-01339.rtf) Auto-classification: Denied

    PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USNR (DEP) 810114-810625 COG Period of Service Under Review :Date of Enlistment: 810626 Date of Discharge: 840427 Length of Service (years, months, days):Active: 02 09 27 Inactive: None [EXTRACTED FROM CO’S MESSAGE]840307: Medical evaluation for drug abuse found the applicant to be not drug dependent. The record clearly documents the basis for the separation.

  • NAVY | DRB | 2000_Navy | ND00-00198

    Original file (ND00-00198.rtf) Auto-classification: Denied

    ND00-00198 Applicant’s Request The application for discharge review, received 991124, requested that the characterization of service on the discharge be changed to Honorable. No indication of appeal in the record.980706: Applicant notified of intended recommendation for discharge under Other Than Honorable conditions by reason of misconduct due to Drug abuse as evidenced by your nonjudicial punishment on 29 June 1998 for the wrongful use of marijuana, in violation of Article 112a,...

  • NAVY | DRB | 2000_Navy | ND00-01023

    Original file (ND00-01023.rtf) Auto-classification: Denied

    ND00-01023 Applicant’s Request The application for discharge review, received 000831, 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 separation from service. 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 applicant’s issues 1 and 3, the...

  • NAVY | DRB | 2005_Navy | ND0500775

    Original file (ND0500775.rtf) Auto-classification: Denied

    ND05-00775 Applicant’s Request The application for discharge review was received on 20050404. I was there for the Navy 24/7, please be there for me this one final time. The summary of service clearly documents that parenthood or custody of minor children was the reason the Applicant was discharged.