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NAVY | DRB | 2002_Navy | ND02-00459
Original file (ND02-00459.rtf) Auto-classification: Denied


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


ex-HTFA, USN
Docket No. ND02-00459

Applicant’s Request
The application for discharge review, received 020225, requested that the characterization of service on the discharge be changed to honorable. 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 021104. 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 – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1. I would like to upgrade my discharge from Other Than Honorable to Honorable for the following reasons. (1) I have completed a Christian-based, 1 year resident drug program in 1999 at the Good News Rescue Mission in Redding, California. (2) I have lived an up-standing life and have been a positive member of the Redding community for the past 4 years. I am married to a beautiful Christian woman and have three wonderful children and a forth on the way. (3) Warner Enterprises has employed me for the past year as a welder and I have proven to my employer that I am a dependable and reliable employee. (4) I have been an active member of the Cow Creek Community Church for over 2 years. My Church activity has helped me become a model citizen and proud family man. I do not contest the discharge I received at the time I recieved it. I do although regret the mistakes I have made in the past and still to this day wish I could have made the right choice back then. It was a great honor to be enlisted in the USN and participate in Desert Shield & Desert Storm, stationed aboard the USS McKee (AS-41). I have and will always have great respect for the Navy and do feel the discharge I received at the time was the correct discharge for me. However, my life has gone through a tremendous change over the past several years and I realize the importance of having an honorable discharge and what that will mean to my family as they grow older. I have deep remorse for my conduct in the USN and given the power to change that, I would still gone into the USN but I would have been a model sailor and would have brought honor to the uniform as well as to myself. Therefore, based on this change in my life and and God's influence in my decisions, I respectfully request that my discharge be upgraded to Honorable. Your consideration in this matter would be greatly appreciated.
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Letter from Good News Rescue Mission dated January 9, 2002
Job/character reference dated January 11, 2002
 Character reference from Pastor, Cow Creek Community Church dated January 11, 2002
Applicant's DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     900815 - 900822  COG
          Active: None
Period of Service Under Review :
Date of Enlistment: 900823               Date of Discharge: 930122

 Length of Service (years, months, days):
         Active: 02 05 00
          Inactive: None

 Age at Entry: 22                          Years Contracted: 4
Education Level: 12                        AFQT: 45

 Highest Rate: HTFN
Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.40 (1)    Behavior: 3.40 (1)                OTA: 3.40
Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SASM with Bronze Star, SSDR, BEA, MUC
Days of Unauthorized Absence: None

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.

 Chronological Listing of Significant Service Events :

900827:  Applicant briefed on Navy's policy of drug and alcohol abuse.
910702:  Applicant recommended for Level II treatment.
921102:  NJP for violation of UCMJ, Article 112a: Wrongful use of amphetamine/methamphetamine on 921002.
          Award: Forfeiture of $370 per month for 2 months, restriction and extra duty for 45 days, reduction to HTFA and oral reprimand. No indication of appeal in the record.
921103:  Drug and Alcohol Abuse Report: Amphetamine abuse, less than monthly, ashore off duty. Random urinalysis 921008. Physician found Applicant not dependent and recommended separate via VA hospital. Commanding Officer recommended separate not via VA hospital. Comments: Commanding Officer has determined member is not dependent on drugs but is dependent on ETOH (based on medical officer opinion). Member’s past and present performance are average. Member exhibits no potential for future productive service. Member being processed for ADSEP OTH. Will offer member treatment at VA hospital.
921104:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by CO's NJP held on 02 November 1992.
921130:  Medical evaluation for drug abuse found the Applicant to be alcohol dependent, not physiologically dependent. Recommend Level III treatment.
921203:  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 and to submit a statement.
921209:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).
921216:  BUPERS 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 930122 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 discharge characterization accurately reflects his service to his country. 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, employment record, documentation of community service, certification of non-involvement with civil authorities and credible evidence that the Applicant is drug free, are examples of verifiable documentation that should have been provided to receive consideration for relief, based on post-service conduct. The Board determined that the Applicant’s evidence of post-service conduct did not mitigate the misconduct for which he was discharged. Relief not warranted.

The Applicant 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. Representation at a personal appearance hearing is recommended but not required. Relief denied.


Pertinent Regulation/Law (at time of discharge)

 A. Navy Military Personnel Manual, (NAVPERS 15560C), effective 15 Aug 91 until 04 Mar 93, Article 3630620, SEPARATION OF ENLISTED MEMBERS BY REASON OF MISCONDUCT DUE TO 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 " 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:

                  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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