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NAVY | DRB | 2001_Navy | ND01-00375
Original file (ND01-00375.rtf) Auto-classification: Denied


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

ex-HA, USN
Docket No. ND01-00375

Applicant’s Request
The application for discharge review, received 010206, 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 010615. 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 3630620.



PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. I agree with OTH given when I was discharged however I feel that in the last 6 years I have improved my life because of the outcome of my service.

2. I feel a sense of longing to no longer have the stigma of a discharge that I am not proud of. Yes I agree that I made unforgivable mistakes and let down my country, the government, navy and most of all my family.

3. I disappointed my grandfather who served in the Marines Corps during WWII and it pains me to have this over my head.

4. I know in my heart I will never be able to erase the memory of my crimes but I approach the Board's sense of forgiveness to allow me at least the title of an honorable discharge to further enhance my life's goals and plans with family and employment options.

5. I do not ask to be given all rights and privileges of this only to have the OTH changed to honorable, so as to allow me to hold my head a little higher throughout my life. I respectfully request your review in this matter.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Letter from applicant

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     911010 - 920510  COG

 Period of Service Under Review :
Date of Enlistment: 920511               Date of Discharge: 950424

 Length of Service (years, months, days):

         Active: 02 11 14
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 69

 Highest Rate: HN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.60 (4)    Behavior: 3.40 (4)                OTA: 3.50

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, HSM, JMUA

Days of Unauthorized Absence: 1

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 :

920924:  NJP for violation of UCMJ, Article 92: Consume alcoholic beverage while under the legal age, violation of UCMJ Article 134: Incapacitated for the proper performance of his duties.
         Award: Forfeiture of $363.00 per month for 2 months, restriction and extra duty for 14 days, reduction to E-1. No indication of appeal in the record.

920924:  Retention Warning: Advised of deficiency (Violation of the UCMJ, Article 92, 134 wrongfully consuming alcoholic beverage while under the specified age of limitations and incapacitated for the proper performance of his duties), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

921007:  NJP for violation of UCMJ, Article 86: UA between 1930, 921001 and 2006, 921001.
         Award: No adjudication found in record.

930416:  Retention Warning: Advised of deficiency (Disrespect to a petty officer, wrongfully consuming alcoholic beverage while under the specific age limit, incapacitated for the proper performance of your duties, participating or initiating a conversation of sexual nature, And unauthorized absence.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

930510:  Retention Warning: Advised of deficiency (Returned check, Navy Exchange, Pax River, 930328), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

950206:  Retention Warning: Advised of deficiency (Misconduct in the case of Alcohol Abuse, incident two, Unauthorized Absence, 0700 950203, 0730 950203 (Missed Battalion 15 mile hike), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

950227:  NJP for violation of UCMJ, Article 112a: Did on or about 950117, wrongfully use methamphetamines, a controlled substance, to wit: HN L_____ tested positive for amphetamines/methamphetamine and THC in Batch #B263; Specimen #02; Lab Accession #807344.
         Award: Forfeiture of $400.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-2. No indication of appeal in the record.
950313:  NJP for violation of UCMJ, Article 134: Break restriction on or about 0900 and 1100, 950205.
         Award: No adjudication found in the record.

950327:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by the disciplinary infraction under the UCMJ in your current enlistment dated 950227.
950327:          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.
950327:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

950404:  Commanding General, 1 st Marine Division recommended the applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse.

950502:  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 950424 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).
In response to the applicant’s issues, 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 is accurately characterized as having been performed under other than honorable conditions. 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. The applicant stated in his letter to the Board that he has accomplished many things since his discharge from the naval service. However, the applicant has not provided any documentation of these achievements. Therefore no relief will be granted. The applicant is highly 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 " afls10.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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