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NAVY | DRB | 2002_Navy | ND02-00007
Original file (ND02-00007.rtf) Auto-classification: Denied


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

ex-FR, USN
Docket No. ND02-00007

Applicant’s Request
The application for discharge review, received 010920, requested that the characterization of service on the discharge be changed to general/under honorable conditions. The applicant requested a personal appearance hearing discharge review before a traveling panel. The applicant did not list any 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 hearing 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 any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 020517. 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/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. My first encounter with drugs was at an extremely early age, which I remember clearly. Although, I had a fairly decent upbringing, little did I know that I was on the road to a very challenging life ahead of me. I came from a large social oriented family structure. Celebration, parties, and gatherings were quiet common within and out of our household growing up. Family and friends were always present and appeared to be enjoying them most of the time. Unfortunately, the presence of drugs were interwoven at these functions as well. In all reality togetherness and family bonding fulfilled my sense of security. As nature took its natural courses, to be more specific, I too changed abnormally. Alcohol was the first drug that was given to me, ignorant to its effects. This particular drug appeared attractive because it was part of my social growing process. When I take a personal inventory, alcohol contributed to countless dysfunctional occurrences during my teenage and adult years. Many of these situation were anger oriented practices, which later become habitual patterns. Honestly speaking, alcoholism played a major role in me identifying with my drug addiction. Secondly, marijuana was next introduced and the most difficult of the two. Marijuana was definitely a part of my social process as well. Not only did marijuana effect my mind, it effected my educational goals, employment opportunities, and mainly my career in the Armed forces. As a whole, drug took a devastating toll on my life that I cannot change. I was unable to mature emotionally, spiritually, and mentally as a result. It actually took years for me to see my mistakes and accept them as a man. Moreover, many qualities I possess will always be stained due to my addiction. On a more positive note, there are certain characteristics that have evolved such as honesty, open mindness, and willingly accepting who and what God has made me. I believe what I went through yesterday makes me abetter individual today, because I did learn why not to use illegal drugs. Today, I'm sincerely living "one day at a time" utilizing spiritual principles and practices. At this time, I wish to apologize to the United States Armed forces for disgracing my country and not positively utilizing all opportunities granted. I was wrong for what I did and I am sorry. I am respectfully requesting an empathetic reviewer of discharge in it's entirety for possible admittance if granted a request of such.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Certification to Bowery Mission Transitional Center
Copy of DD Form 214
Certificate of Completion (Bowery Mission Transitional Center Relationship Skills)
Certificate of Completion (Bowery Mission Transitional Center Beyond Anger Course)
PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN               None
         Inactive: USNR (DEP)     910930 - 920802  COG

 Period of Service Under Review :
Date of Enlistment: 920803               Date of Discharge: 940224

 Length of Service (years, months, days):

         Active: 01 06 22
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

Education Level: 12                        AFQT: 46

 Highest Rate: SR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.80 (2)    Behavior: 2.80 (2)                OTA: 3.00

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: None

 Character, Narrative Reason, and Authority of Discharge (at time of issuance):
UNDER OTHER THAN HONORABLE CONDITIONS/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

930127:  Retention Warning from [USS ORTOLAN (ASR-22)]: Advised of deficiency (Violation of UCMJ Article 86 as evidenced by your absence on 930120), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

930204:  Retention Warning from [USS ORTOLAN (ASR-22)]: Advised of deficiency (Violation of UCMJ Article 86, failing to go to place of duty as evidenced by CO's NJP on 930204), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

930204:  NJP for violation of UCMJ, Article 86: Failing to go to place of duty.
         Award: Restriction and extra duty for 14 days, revoked civilian clothes for 30 days. No indication of appeal in the record.

930312:  Retention Warning from [USS ORTOLAN (ASR-22)]: Advised of deficiency (Violation of UCMJ Article 92, failure to obey order or regulation as evidenced by Captain's Mast on 930312), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

930312:  NJP for violation of UCMJ, Article 92: Failure to obey order or regulation.
         Award: Restriction and extra duty for 15 days. No indication of appeal in the record.

930401:  NJP for violation of UCMJ, Article 113: Misbehavior of a sentinel or lookout.
         Award: Restriction and extra duty for 7 days. No indication of appeal in the record.

931207:  NAVDRUGLAB [JACKSONVILLE FL], reported applicant’s urine sample, received 931129, tested positive for [THC].

931209:  NJP for violation of UCMJ, Article 112a: Wrongful use of a controlled substance.
         Award: Forfeiture of $456.00 pay per month for 2 months, restriction and extra duty for 45 days, reduction to E-1. No indication of appeal in the record.

931209:  USS ORTOLAN (ASR-22) notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct as evidenced by all punishments under the UCMJ in your current enlistment.
931213:          Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.

931213:  DAAR indicates marijuana abuse as a result of a random urinalysis, recommended separation via VA Hospital.
940113:  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had committed misconduct due to a pattern of misconduct, that the misconduct warranted separation, and recommended discharge under other than honorable conditions.

940118:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

940216:  Message from USS ORTOLAN indicates SNM was arrested at 2245, 940211 for possession of narcotics (crack cocaine). Charges: Possession with intent to distribute crack cocaine and possession with intent to distribute crack cocaine in the proximity of a school. Incarcerated at Berkeley County Jail.

940218:  BUPERS directed the applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 940224, in absentia, under other than honorable conditions for misconduct due to a pattern of misconduct (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 Board found that the applicant’s age, education level, and test scores qualified him for enlistment. While he may feel that his substance abuse was a factor that contributed to his actions, the record clearly reflects his willful disregard for the requirements of military discipline and demonstrated that he was unfit for further service. The record is devoid of evidence that the applicant was not responsible for his conduct or that he should not be held accountable for his actions. Relief denied.

The applicant’s discharge characterization accurately reflects his service to his country. The discharge was proper and equitable. 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 relief, based on post-service conduct. The applicant did not provide sufficient documentation to warrant an upgrade to his discharge. 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. Relief denied.






Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C, Change 5, effective 05 Mar 93 until 21 Jul 94), Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – A PATTERN OF MISCONDUCT.

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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