Search Decisions

Decision Text

NAVY | DRB | 2001_Navy | ND01-00591
Original file (ND01-00591.rtf) Auto-classification: Denied


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

ex-OSSN, USN
Docket No. ND01-00591

Applicant’s Request
The application for discharge review, received 010328, 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 011018. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the 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 am respectfully requesting that my current discharge of "other than honorable" be upgrading to "general/under honorable conditions" based upon these factors: with 7 years 8 months of service which I extolled exemplary performance of my duties and responsibilities including being honorably discharged on 14 July 1994, to being awarded two (2) letters of commendation, two (2) good conduct medals, and being awarded the Navy Achievement Medal for saving a fellow human being while in the line of duty, I feel my discharge was inequitable by being based on one incident of misconduct due to drug abuse, when there was never an offense of this nature committed by myself at any prior time. Post service conduct includes being a productive member of society, both for my employer (evaluations enclosed) and myself by attending community college at night by keeping in good standing with the school and a 3.0 grade point average. Furthermore the character that I have shown since leaving the service is impeccable, as so described in the attached character witness statements (enclosed). I appreciate your time in regards to this matter. Applicant marked the block "I have listed additional issues as an attachment to this application." None were found in case folder.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of good conduct award dated July 18, 1994
Copy of honorable certificate dated July 14, 1994
Copy of citation for February 1991 to May 1995
Copy of citation for September 1995 to September 1997
Copy of Navy and Marine Corps achievement medal certificate dated September 3, 1997
Copy of character witness statements dated January 4, 2001, January 29, 2001
Copy of apprentice evaluation form dated December 23, 1998, and June 1999
Transcript of academic record dated January 8, 2001
Five pages from applicant's service record, not previously available to the Board.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        900718 - 940714  HON
         Inactive: USNR (DEP)     890912 - 900717  COG

 Period of Service Under Review :
Date of Enlistment: 940715               Date of Discharge: 980320

 Length of Service (years, months, days):

         Active: 03 08 06
         Inactive: None

 Age at Entry: 21                          Years Contracted: 5

 Education Level: 12                        AFQT: 45

 Highest Rate: OS2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.67 (3)    Behavior: 3.67 (3)                OTA: 3.67

 Military Decorations: NAM

Unit/Campaign/Service Awards: GCM, Letter of Commendation

 Days of Unauthorized Absence: None

 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 :

970930:  NJP for violation of UCMJ, Article 92: Dereliction of duty, failing to perform duties as a patrolman, violation of UCMJ Article 130: Housebreaking, unlawful entry into a fitness center, violation of UCMJ Article 121; Larceny, larceny of a sports replenishment drink, military property of a value of less than $100.
         Award: Forfeiture of $200 per month for 1 month, reduction to OS3. Reduction suspended. No indication of appeal in the record.
980305:  Vacate suspended reduction to OS3 awarded at CO's NJP dated 30Sep97 due to continued misconduct.
980305:  NJP for violation of UCMJ, Article 112A: Wrongful use of a controlled substance.
         Award: Forfeiture of $615 per month for 2 months, restriction and extra duty for 45 days, reduction to OSSN. No indication of appeal in the record.
980306:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
980306:  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.
980312:  Applicant waived right to screening for drug dependency and any subsequent treatment. [Extracted from CO's message dated 13Mar98.]

980313:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

980320:  COMCRUDESGRU THREE 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 980320 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 applicant’s issue 1 states: “I am respectfully requesting that my current discharge of "other than honorable" be upgrading to "general/under honorable conditions" based upon these factors: with 7 years 8 months of service which I extolled exemplary performance of my duties and responsibilities including being honorably discharged on 14 July 1994, to being awarded two (2) letters of commendation, two (2) good conduct medals, and being awarded the Navy Achievement Medal for saving a fellow human being while in the line of duty, I feel my discharge was inequitable by being based on one incident of misconduct due to drug abuse, when there was never an offense of this nature committed by myself at any prior time. Post service conduct includes being a productive member of society, both for my employer (evaluations enclosed) and myself by attending community college at night by keeping in good standing with the school and a 3.0 grade point average. Furthermore the character that I have shown since leaving the service is impeccable, as so described in the attached character witness statements (enclosed). I appreciate your time in regards to this matter.” The Board carefully considered the equity of the discharge based on the applicant’s entire service record, accomplishments, and misconduct while on active duty, and found the Other Than Honorable discharge accurately characterizes the applicant’s service. The record shows the applicant was found guilty at NJP on two separate occasions of committing serious offenses. The applicant’s issue that his discharge was inequitable based on one incident is without merit.

The NDRB is authorized to consider post-service factors in the re characterization of a discharge. 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 failed to provide documentary evidence to demonstrate his sobriety, positive community service, and clean police record. Relief is not warranted.

The applicant 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 recommended .
Pertinent Regulation/Law (at time of discharge)

 A . Navy Military Personnel Manual, (NAVPERS 15560C), Change 14, effective
03 Oct 96 until 11 Dec 97, Article 3630620 SEPARATION OF ENLISTED PERSONNEL 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      


Similar Decisions

  • NAVY | DRB | 2002_Navy | ND02-00819

    Original file (ND02-00819.rtf) Auto-classification: Denied

    ND02-00819 Applicant’s Request The application for discharge review, received 020517, requested that the characterization of service on the discharge be changed to general/under honorable conditions. 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): Inactive: USNR (DEP) 960930 - 970602 COG Active: USN None Period...

  • NAVY | DRB | 2003_Navy | ND03-01108

    Original file (ND03-01108.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. I made a few West-Pac tours on the Okinawa and made two trips to the Persian Gulf on mine sweeping operations. 980511: 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, that the misconduct warranted separation, and recommended...

  • NAVY | DRB | 2004_Navy | ND04-00073

    Original file (ND04-00073.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB. Commanding Officer’s comments: [In my opinion, he has no potential for future active honorable naval service; therefore, I recommend separation with a discharge under...

  • NAVY | DRB | 2003_Navy | ND03-00214

    Original file (ND03-00214.rtf) Auto-classification: Denied

    ND03-00214 Applicant’s Request The application for discharge review, received 20021121, requested that the characterization of service on the discharge be changed to honorable, general/under honorable conditions, or entry level separation or uncharacterized, reenlistment code changed from RE-4 to RE-1 and the reason for the discharge be changed to convenience of the government. In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board first conducts a...

  • NAVY | DRB | 2002_Navy | ND02-00407

    Original file (ND02-00407.rtf) Auto-classification: Denied

    ND02-00407 Applicant’s Request The application for discharge review, received 020225, requested that the characterization of service on the discharge be changed to general/under honorable conditions. I began misbehaving as you can tell from my conduct record. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Copy of DD Form 214 (Member 4 and 1) (2 copies)Character reference PART II - SUMMARY OF SERVICE Prior...

  • NAVY | DRB | 2000_Navy | ND00-01008

    Original file (ND00-01008.rtf) Auto-classification: Denied

    ND00-01008 Applicant’s Request The application for discharge review, received 000829, requested that the characterization of service on the discharge be changed to general/under honorable conditions. 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 served one year and 2 months in the Navy. At this time, the applicant has not...

  • NAVY | DRB | 2003_Navy | ND03-00579

    Original file (ND03-00579.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. Decision A documentary discharge review was conducted in Washington, D.C. on 20040128. 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:

  • NAVY | DRB | 2001_Navy | ND01-00649

    Original file (ND01-00649.rtf) Auto-classification: Denied

    ND01-00649 Applicant’s Request The application for discharge review, received 010416, requested that the characterization of service on the discharge be changed to general/under honorable conditions. 881216: CNMPC directed the applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use). However, after careful review of the applicant’s testimony, review of post service documentation and the applicant’s official records, the Board determined...

  • NAVY | DRB | 1999_Navy | ND99-01021

    Original file (ND99-01021.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-AA, USN Docket No. I, (applicant), do respectfully request that you, the board, to review my discharge and consider an upgrade. 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...

  • NAVY | DRB | 2003_Navy | ND03-00025

    Original file (ND03-00025.rtf) Auto-classification: Denied

    I have been awarded the employee of the month for May 1998 at Club Fit, as well as my important responsibilities of opening and closing the club, as well as handling the cash registers; I have been a soccer coach for 5 years now at Croton-Harmon High School, New York. Award: Forfeiture of $154 per month for 1 month, extra duty for 30 days, reduction to SR. No indication of appeal in the record.920505: Applicant notified of intended recommendation for discharge under other than honorable...