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NAVY | DRB | 2002_Navy | ND02-00005
Original file (ND02-00005.rtf) Auto-classification: Denied


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

ex-ACAA, USN
Docket No. ND02-00005

Applicant’s Request
The application for discharge review, received 010926, 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 020604. 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. Dear Sirs: I am writing to you with the hope that you will take the opportunity to review my application and military service records and grant my request for an upgrade of my discharge from the United States Navy. I joined the Navy in 1994, right out of High School. I had not done particularly well in school and I was excited to receive a job opportunity as an Air Traffic Controller on the U.S.S. John C. Stennis, CVN 74. My father had been in the Navy and he was happy that I was following in his footsteps.
The first three years went really well, I was soon promoted to 3 rd Class and I received several letters of appreciation and a Letter of Commendation for my work. Things started to unravel when I became involved in a relationship and marriage that, due to my age and experience, destroyed me emotionally and ended up costing me my rank and career. I was not equipped at that time to handle a relationship with someone who had been in rehabilitation for drug use; I felt that I would be able to turn things around for her, but that didn't happen. This episode ended up costing me my Rank and career. I was discharged in December of 1998 as a result of these personal problems and my immaturity in handling them. Since leaving the Military I have obtained a divorce, earned my GED and since 1999 have been enrolled full time in Greenfield Community College. I have begun to turn my life around, but this separation from the Navy still hangs over my head. I realize that it was due to my own behavior, but if you would be willing to look at the good things I accomplished in my first years of military service, I am hoping that you may see your way to approving my request for an upgrade.
Thank you so much for your time and consideration of this request.
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Letter from Greenfield Community College re enrollment for Fall 199, Spring 2000, Fall 2000 and Spring 2001 dated August 28, 2001
Copy of Judgment of Divorce dated December 6, 1999
Copy of Marriage Register dated August 16, 1996
Copy of General Educational Development test results dated August 19, 1998

PART II - SUMMARY OF SERVICE

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

 Period of Service Under Review :
Date of Enlistment: 940602               Date of Discharge: 971224

 Length of Service (years, months, days):

         Active: 03 06 23
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 11 GED           AFQT: Unknown

 Highest Rate: AC3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF                  Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, MUC

 Days of Unauthorized Absence: 19

 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 :

970508:  Applicant to unauthorized absence 0600, 8May97.

970527:  Applicant from unauthorized absence 1630, 27May97 (19 days/surrendered).

970701:  NJP for violation of UCMJ, Article 86: Unauthorized absence from restricted person's muster on 3 occasions.
         Award: Forfeiture of $150 per month for 2 months. No indication of appeal in the record.
970714:  NJP for violation of UCMJ, Article 86: Unauthorized absence from restricted person's muster on 2 occasions.
         Award: Forfeiture of $100 per month for 2 months, reduction to ACAN. Reduction suspended for 6 months. No indication of appeal in the record.
970807:  Vacate reduction to ACAN awarded at CO's NJP of 14Jul97 due to continued misconduct.
971202:  NJP for violation of UCMJ, Article 86: Fail to go to appointed place of duty, to wit: restricted personnel muster.
         Award: Forfeiture of $100 per month for 2 months. No indication of appeal in the record.
971224:  DD Form 214: Applicant discharged under other than honorable conditions by reason of misconduct due to drug abuse (use).

Discharge package missing from service record

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 971224 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).

Issue 1. The applicant’s issue describes the circumstances of his discharge and states that his misconduct was the result of a bad marriage. The Board reviewed the applicant’s service record and, although the discharge package is missing, noted the applicant had at least three NJP’s in his enlistment in addition to drug abuse. The Board determined that the applicant was responsible for his misconduct and was held accountable for his actions. The applicant’s stated bad marriage does not excuse his misconduct. The applicant demonstrated a pattern of untrustworthy and discreditable behavior while on active duty. The discharge was proper and equitable. Relief is not warranted.

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. E vidence 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. 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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