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NAVY | DRB | 2001_Navy | ND01-00510
Original file (ND01-00510.rtf) Auto-classification: Denied


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

ex-ATAA, USN
Docket No. ND01-00510

Applicant’s Request
The application for discharge review, received 010312, 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 010710. 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 (verbatim)

1.       I (applicant), (SSN deleted) do feel that my discharge was inequitable because it was based on a single action in 29 month of service. Though my actions were incorrect. I believe that it is in my best interests to have my discharge upgraded to "Honorable Conditions". I have a 2 year old daughter and I would like to peruse a rewarding and successful career. I strongly feel that my past mistakes have been identified and corrected. So I respectfully request to put my past behind me and be granted to feel proud of my enlistment while in the USN. It is my sincere belief that this "upgrade" would allow me better opportunities in my future and thus allow me to continue to grow and be a good father and person. Thank you very much for your understanding in this matter,

Sincerely,
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Character reference dated August 23, 2000
Copy of letter of appreciation
Copy of Certificate of Attendance dated March 18, 1998
Copy of DD Form 215

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     960614 - 970107  COG

 Period of Service Under Review :
Date of Enlistment: 970108               Date of Discharge: 991117

 Length of Service (years, months, days):

         Active: 02 10 10
         Inactive: None

 Age at Entry: 31                          Years Contracted: 4

 Education Level: 12                        AFQT: 75

 Highest Rate: ATAN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.67 (3)    Behavior: 3.00 (4)                OTA: 2.88

 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, authority: NAVMILPERSMAN, Article 1910-146, formerly 3630620.

 Chronological Listing of Significant Service Events :

980424:  NJP for violation of UCMJ, Article 86: Absence without leave, violation of UCMJ Article 115: Malingering.
         Award: Forfeiture of $250 per month for 1 month, restriction and extra duty for 45 days, reduction to ATAA. Reduction suspended for 6 months. No indication of appeal in the record.
990622:  NAVDRUGLAB, reports applicant's urine sample received 990614, tested positive for amphetamine/methamphetamine.
990702:  NJP for violation of UCMJ, Article 86 (5 specs): (1) Unauthorized absence on 14Jun99 to 17Jun99, (2) Unauthorized absence, (3) Unauthorized absence, (4) Unauthorized absence, (5) Unauthorized absence, violation of UCMJ Article 112A: Wrongful use of a controlled substance, to wit: amphetamine/methamphetamine.
         Award: Forfeiture of $538 per month for 2 months, restriction and extra duty for 45 days, reduction to ATAA. Appealed 990712. Appeal denied 990729
990811:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to misconduct due to commission of a serious offense and misconduct due to drug abuse (use).
990811:  Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
990921:  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had committed misconduct due to drug abuse and commission of a serious offense, that the misconduct warranted separation, and recommended discharge under other than honorable conditions.

991018:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drugs abuse (use) and misconduct due to commission of a serious offense.

991025:  Commander, Navy Region, Southwest 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 991107 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 the applicant’s issue 1, the applicant states that his “d ischarge was inequitable because it was based on a single action in 29 month of service.” The Board found that the applicant had several incidents for which he was awarded CO’s NJP on 2 separate occasions. His misconduct consisted of 6 unauthorized absences, malingering, and wrongful use of a controlled substance. The Board found that the applicant’s discharge was therefore equitable based on his misconduct. 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 ample 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 . 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 " 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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