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NAVY | DRB | 2001_Navy | ND01-00239
Original file (ND01-00239.rtf) Auto-classification: Denied


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

ex-AR, USNR
Docket No. ND01-00239

Applicant’s Request
The application for discharge review, received 001228, requested that the characterization of service on the discharge be changed to honorable or 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 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 – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. At the time of my enlistment in 1986, my ASVAB scores were among the top 70 (seventy) scores for 3 (three) states, I was inducted into a special company (memorial company) of 1986. at that time I was promised the "A" school of choice. I chose Air Traffic Control School. Instead, after completion of bootcamp my agreement for "guaranteed" A school offer was withdrawn. Subsequently, I was assigned to an A-7 (aircraft) squadron with no chance of becoming an Air Traffic Controller. Instead I went to VA-147 as a brown shirt plane captain (E-2) w/no training. Thusly I fell into a rebellious spiral of depression that led to alcohol/drug use. After receiving my first dirty urine test, I wrote Washington DC at the request of my command officer - T____ N____ (Cmdr) VA-147. I would now respectfully request that my discharge be upgraded to honorable as I have had many difficulties negotiating lifes obstacle w/out military benefits or assistance. Not to mention the fact that my G.B. Bill was taken away as well as the suffering incurred by having to disclose my discharge to prospective employers.

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 Enlistment: 870417               Date of Discharge: 880818

 Length of Service (years, months, days):

         Active: 00 10 07
         Inactive: 00 05 23

 Age at Entry: 18                          Years Contracted: 8

 Education Level: 12                        AFQT: 57

 Highest Rate: AR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NOB                  Behavior: NOB             OTA: NOB

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: 3

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 :

871012:  Ordered to active duty for 36 months under the Active Mariner program.
880204:  NJP for violation of UCMJ, Article 86: (3 Specifications), Unauthorized absence, to wit; failed to go at the time prescribed to his appointed place of duty.
         Award: Forfeiture of $150.00 per month for 2 months, restriction for 30 days. No indication of appeal in the record.

880712:  NJP for violation of UCMJ, Article 86: Unauthorized absence, violation of UCMJ Article 112a: Wrongful use of cocaine, violation of UCMJ Article 113: Misbehavior of a sentinel.
         Award: Forfeiture of $300.00 per month for 2 months, restriction and extra duty for 45 days. No indication of appeal in the record.
880714:  Medical officer's evaluation indicates applicant is a drug abuser without dependence, psychologically alcohol dependence, with no physical dependence, recommended for CAAC II Counseling and Alcohol Anonymous.
880714:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by CO's NJP of 880712 for violation of the UCMJ, Article 112a (use of cocaine on or about 880526).
880714:          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 and the right to submit statement in own behalf either verbally or in writing before an Administrative Board or in writing if an Administrative Board is not convened.
880720:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

880811:  CNMPC 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 880818 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 Board found that the applicant was brought to CO’s NJP on 2 separate occasions for several specifications, including UA, wrongful use of cocaine and misbehavior of a sentinel. In the applicant’s issue 1, the applicant requests that his discharge be upgraded to honorable since he has “ had many difficulties negotiating lifes obstacle w/out military benefits or assistance.” T he Board has no obligation to change the applicant’s discharge in order to allow him to better negotiate life’s obstacles or retain his GI Bill benefits. The r ecord clearly reflects the applicant’s willful disregard for the requirements of military discipline and demonstrated that he was unfit for further service. The record is devoid of evidence that the applicant was not responsible for his conduct or that he should not be held accountable for his actions. No relief will be granted based on this issue.

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 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 15560A), effective 15 Jun 87 until
10 Jan 89, 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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