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NAVY | DRB | 2001_Navy | ND01-00194
Original file (ND01-00194.rtf) Auto-classification: Denied


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

ex-ABF3, USN
Docket No. ND01-00194

Applicant’s Request
The application for discharge review, received 001205, 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 010510. 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. The documents I wish to submit are all listed in my Navy Personnel File. I would like to submit all of my accomplishment in my 4-year enlistment. I started as an E-1 and made it to E-5 in less than 4 years. I received letter of commendation-Sailor of the Month, Petty Officer of the Month-Navy Achievement Medal Air Warfare Specialist-Surface Warfare Specialist (which was taken upon my discharge). I was an ABF2 (AW/SW) who was uncharged of 22 people. I completed 2 Med Cruises-1 nor pack- and many other ops. I was involved and played in the Ship Band. I worked directly under our Command Master Chief for a brief time. I served my country for a full 4-year term and poured my heart and soul into what I did and took great pride in that. I was never given a chance to defend or retake my test, which was drastically wrong. I have sense been released have remained sober and have attended inpatient treatment for alcohol abuse and attend church weekly and have become self-employed in my own business. I have no benefits and am begging you as the department of Vet Affair to please review my full service record and see my accomplishment within my 4 year and see how I went above and beyond my peers who serve the same length - I acquired more than others in a very short period and remain a model citizen in my community. Thank you for you time, please once again review my record of the 4 years I put into my country - thank you once again.

 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)     920602 - 920608  COG

 Period of Service Under Review :
Date of Enlistment: 920609               Date of Discharge: 960607

 Length of Service (years, months, days):

         Active: 03 11 25
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

Education Level: 12                        AFQT: 36

 Highest Rate: ABF2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.00 (5)    Behavior: 4.00 (5)                OTA: 4 .00       4.0 Evals
Performance: 3.00 (1)    Behavior: 4.00(1)                 OTA: 3. 29        5.0 Evals.
Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SASMwb*, SSDR(2 ND ), AFEM(2 ND ), GCA, KLM, NAM

Days of Unauthorized Absence: 4

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 :

960424:  Patient successfully completed treatment program. Upon discharge the diagnosis remained unchanged and the patient was in acceptance of his diagnosis. An aftercare plan to assist the patient in maintaining abstinence is hereby forwarded. The patient's prognosis for continued recovery upon discharge is assessed as fair provided he complies with this plan. Adherence to a stipulated aftercare plan is directed by OPNAVISNT 5350.48.

960516:  To UA

960520:  From UA [4days/R]
960523:  NJP for violation of UCMJ, Article 111: Drunken or reckless operation of a vehicle.
Award: Forfeiture of $486.00 pay per month for 2 months, restriction and extra duty for 45 days (All suspended except for 5 days of restriction). No indication of appeal in the record.

 960531:  Punishment of forfeiture of $486.00 pay per month for 2 months
                  suspended at CO's NJP of 960523 vacated due to continued misconduct

 960531:  NJP for violation of UCMJ, Article 112a: Wrongful use of controlled substances.
         Award: Forfeiture of $729.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-4. No indication of appeal in the record.

960531:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of alcohol rehabilitation failure, misconduct due to drug abuse and misconduct due to commission of a serious offense as evidenced by NJP awarded to him on 960523.
960531:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
960604:  Commanding officer recommended discharge under other than honorable conditions by reason of alcohol rehabilitation failure, misconduct due to drug abuse and misconduct due to commission of a serious offense.

960604:  BUPERS directed the applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

960619:  DAAR indicates applicant tested for marijuana as a result of a unit sweep urinalysis, found not dependent, is amendable and eligible, recommended for separation via VA Hospital.

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 960607 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 recognizes that serving in the Navy is very challenging to both the Sailor and his family members. Our country is fortunate to have men and women willing to endure the hardships and make the sacrifices required to serve their country. It must be noted that most Sailors serve honorably and well, and therefore, earn their honorable discharges. The applicant’s service was honorable until May 1996 whereupon he was awarded NJP twice for violation of the UCMJ on two serious offenses. The Navy has ‘zero tolerance’ for those members who abuse alcohol and controlled substances. The applicant's service is accurately characterized as having been performed under other than honorable conditions. Relief is not warranted.
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The following is provided for the applicant’s edification. 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      


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