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NAVY | DRB | 2001_Navy | ND01-00512
Original file (ND01-00512.rtf) Auto-classification: Denied


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

ex-AKAA, USNR
Docket No. ND01-00512

Applicant’s Request
The application for discharge review, received 010313, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed. The applicant requested a personal appearance hearing discharge review before a traveling panel closest to Lebanon, PA. The applicant listed Veterans of Foreign Wars as the representative on the DD Form 293. In the acknowledgement letter to the applicant, he was informed that the Naval Discharge Review Board (NDRB) does not travel, all hearings are held in the Washington, DC Area. The Naval Discharge Review Board (NDRB) also advised that the Board first conducts a documentary review prior to scheduling a personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 011031. 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 and reason for discharge shall not change. The discharge shall remain: GENERAL UNDER HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-146, formerly Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. Dear Sir: I am taking this time to write to you and ask you to review my case and upgrade my discharge, from General under honorable conditions to Honorable Discharge.

The reason I was discharged from the United States Navy was because after 3 years of service, alcohol had led me to the use of drugs and frankly, I told my superiors that I needed help with my problem. I love the service I was 31 years old I am 33 now and I would go back in right now if you ask me. My superiors told me they would get me help but they would have to discharge me. 0 tolerance and yes that’s what it ment but I went to them. If it was just alcohol I would still be aboard the USS JOHN F. KENNEDY (CV-67) now. Well I was discharged was home less at 32 years old with 2 children but managed to put my life together with the help from the GOD of my understanding and the Phila V.A., Coatesville V.A., MD the Lebanon V.A. I am asking you to please consider my discharge as not a shameful act but an act of courage. To get the help that so many go without for the fear of what other people may say about them. Thank you for not judging me.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Certificate of completion of Substance Abuse Residential Rehabilitation Treatment Program from Dept. of Veterans Affairs Medical Center in Lebanon, PA

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     950620 - 950625  COG

 Period of Service Under Review :
Date of Enlistment: 950626               Date of Discharge: 980814

 Length of Service (years, months, days):

         Active: 03 01 19
         Inactive: None

 Age at Entry: 18                          Years Contracted: 3

Education Level: 12                        AFQT: 38

 Highest Rate: AR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMA                  Behavior: NMA             OTA: NMA

 Military Decorations: None

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

 Days of Unauthorized Absence: None

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

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

 Chronological Listing of Significant Service Events :

950626:  Ordered to active duty for 36 months under the Seaman Apprenticeship Program.

960222:  NJP for violation of UCMJ, Article 86: Did, on or about 960122, without authority, fail to go at the time prescribed to his appointed place of duty, to wit: S-2M Divisional Muster, violation of UCMJ, Article 107: Did, on or about 960122, with intent to deceive, alter an official document, to wit: Light Duty/No Duty Chit, CV Form 6330/2 REV 2/93, by adding the words "If AA T_____ has pain, it is recommended he get additional bed rest", or words to that effect, which statement was totally false.
Award: Forfeiture of $150.00 per month for 1 month, restriction and extra duty for 14 days. No indication of appeal in the record.
980226:  Medical officer diagnosed applicant as cocaine dependent.

 980514:  NJP for violation of UCMJ, Article 121: Larceny and wrongful appropriation.
         Award: Reduction to E-2. No indication of appeal in the record.
980518:  Applicant accepted in-patient rehabilitation treatment at NARC, NAS Jacksonville, Florida.

980518:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by your voluntary self-referral on 980226 for use of cocaine and misconduct due to commission of a serious offense as evidenced by two Commanding Officer's Nonjudicial Punishment; the first on 960222 for violation of the UCMJ, Article 86, failure to go to appointed place of duty and Article 107, false official statement; and the second on 980518, for violation of the UCMJ, Article 121, larceny.
980518:  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.
980602:  Commanding Officer, Naval Hospital, Jacksonville recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use) and commission of a serious offense.

980618:  Commander, Naval Base, Jacksonville authorized the applicant's discharge general under 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 980814 General (under Honorable conditions) discharge, 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 issue, the Board found that w hen a Sailor’s service has been honest and faithful, it is appropriate to characterize that service under honorable conditions. Characterization of service as general (under honorable conditions) is warranted when significant negative aspects of a member's conduct or performance of duty outweigh the positive aspects of the member's military record. The applicant’s service was marred by the award of non-judicial punishment (NJP) on two occasions for violations of the Uniform Code of Military Justice (UCMJ). The applicant’s misconduct included unauthorized absence, intent to deceive and larceny. In addition, the applicant was found dependant on cocaine. Therefore, the Board has determined that a n upgrade to honorable a nd a change in the reason for discharge would be inappropriate. Relief is denied.

 The following is provided for the applicant’s edification. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge (D). The applicant must be aware that 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 is reminded that he 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 18, effective 12 Dec 97 to 19 May 99, 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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