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NAVY | DRB | 2001_Navy | ND01-01133
Original file (ND01-01133.rtf) Auto-classification: Denied


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

ex-YNSA, USN
Docket No. ND01-01133

Applicant’s Request
The application for discharge review, received 010828, 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 designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 020328. 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 3630605.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)
1. My names is I_ L. M_ (xxx-xx-xxxx) and I was discharged from the United States Navy on March 10, 1997 under other than honorable conditions. The reason for this letter is to respectfully request a discharge upgrade. The reason for this request is to enable me to further request government positions without my past history being an issue. I am fully aware of the reason I was discharged and I agree with that. I violated the ZERO policy of drug usage. I wasn't using I made a stupid mistake and was in a place where this activity and didn't use the proper judgment the Untied States Military taught me and didn't remove myself. Since the date of my discharge I have remained drug free and definitely have kept away from this type of activity. I have a family now and I am currently attending night school at the Devry Technical Institute in Chicago of my BA in Business Administration. I am trying to better myself and made a very successful future for my family and me. I would like to thank you for your time and your consideration in this matter. Respectfully, I_ L. M_ (Applicant)

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Certificate of Good Conduct dtd 9 Jul 1994
Citation of Navy Achievement Medal (Jul - Aug 1994)
Certificate of Navy Achievement Medal (Apr - Aug 94)
 Citation of Navy Achievement Medal (Gold Star in Lieu of Second Award) (Jan - Mar 95)
 Certificate of Navy Achievement Medal (Gold Star) (Jan - Mar 95)
Certificate of Completion (Petty Officer Indoctrination Crs) dtd 30 Nov 93

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        910710 - 941120  HON
         Inactive: USNR(DEP)               910131 - 910709  COG

 Period of Service Under Review :
Date of Enlistment: 941121               Date of Discharge: 000000

 Length of Service (years, months, days):

         Active: 02 04 20 (Doesn't exclude lost time)
         Inactive: 00 00 00

 Age at Entry: 21                          Years Contracted: 3

 Education Level: 12                        AFQT: 46

 Highest Rate: YN3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.7 (2)     Behavior: 3.7 (2)                 OTA: 3.8

 Military Decorations: NAM(2)

 Unit/Campaign/Service Awards: MUC, AFEM, NDSM, SWASM (2), OSSM, GCM

 Days of Unauthorized Absence: 52

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630605.

Chronological Listing of Significant Service Events :

941121:  Reenlisted onboard USS AMERICA (CV 66) at Norfolk, VA for three years.
950413:  Unauthorized absence from USS AMERICA (CV 66) at Norfolk, VA.

 950416:  Surrendered onboard USS AMERICAN (CV 66) at Norfolk, VA (3 days).
960920:  DAAR: Positive for marijuana abuse as result of random urinalysis. Primarily abused ashore - off duty. Member is considered to have no potential for further naval service and will be discharged.

961003:  DAAR: Positive for marijuana abuse as result of random urinalysis. Primarily abused ashore - off duty. Member is considered to have no potential for further naval service and process for discharge.

961003:  NJP for violation of UCMJ, Article 112a: wrongful use of marijuana.
         Award: Forfeiture of $581 per month for 2 months, restriction and extra duty for 45 days, reduction to E-3. No indication of appeal in the record.

961223:  Unauthorized absence from Recruit Training Center (RTC), Great Lakes.

970210:  Surrendered at RTC Great Lakes (49 days).

970224:  NJP for violation of UCMJ, Article 86: unauthorized absence from 26 Dec 96 to 10 Feb 97.
         Award: Forfeiture of $505 per month for 2 months, restriction and extra duty for 45 days, reduction to E-2. No indication of appeal in the record.
970226:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse and misconduct due to commission of a serious offense (absent without leave for 30 days of more as evidenced by all punishments under the UCMJ in your current enlistment.
970226:  Applicant advised of his rights and having consulted 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

970228:  RTC DAPA: Pt does not meet the criteria for cannabis dependently/abuse. Pt reports this is an isolated incident.
970312:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse and misconduct due to commission of serious offense (absent without leave - 30 days or more). Commanding officer’s comments (verbatim): "YNSA (Applicant) has no potential for further useful naval service. I recommend separation from the naval service with an Other Than Honorable Discharge."

970327:  Commander, NTC, Great Lakes, IL directed the applicant's discharge under other than honorable conditions by reason of misconduct due to commission of serious offense (UA more than 30 days).

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 970410 under other than honorable conditions for misconduct due to commission of serious offense - absent without leave for 30 days or more (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).

 Issue 1. The applicant’s issue requests a discharge change to secure better employment and states he is drug free and pursuing a BA degree in Business Administration. The Board will not change a discharge so an applicant may gain favorable consideration for employment. Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question. No such error or injustice occurred during the applicant’s enlistment. Additionally, 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 civilian life, subsequent to leaving the service. However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, 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. Verifiable proof of any post-service accomplishments must be provided in order for the applicant to claim post-service conduct and behavior as a reason to upgrade a less than Honorable discharge. Evidence of continuing educational pursuits, an employment record, documentation of community service, certification of non-involvement with civil authorities and proof of his not using drugs, are examples of verifiable documents that should have been provided to receive consideration for clemency, based on post-service conduct. The applicant did not provide any of these documents. He is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge. The applicant can provide additional documentation to support any claims of post-service accomplishments at that time. Legal representation at a personal appearance hearing is highly recommended but not required.

Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 14, effective
03 Oct 96 until 11 Dec 97, Article 3630605, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT COMMISSION OF A SERIOUS OFFENSE.
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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