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NAVY | DRB | 2002_Navy | ND02-00461
Original file (ND02-00461.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND02-00461

Applicant’s Request
The application for discharge review, received 020304, 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 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, authority: NAVMILPERSMAN, Article 1910-146, formerly Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1. In the military I had structure and purpose. Now as a civilian I wish only to go back. I screwed up big time in the Navy and ruined my life. I hung out with the wrong crowd and brought nothing but trouble on myself. I’ve never tried drugs before the Navy and I’ve never touched them since. I also quit drinking after I got out. While in the Navy, I had a problem with drinking and on a binge I smoked marijuana. I know there is no tolerance policy but I’m sorry for what I did and really want to come back to the government. Since my discharge I’ve never touched a drop, obtained my CDL and drive semi truck. I got married and have 3 beautiful children. My criminal record is perfectly clean and I talk with nationhood children as much as possible about the dangers of drugs. I respectfully request to have my discharge upgraded from an RE4 to an RE3 or above so I might return to work for you.

Thankfully yours, (Applicant)
 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)     961031 - 961113  COG
        
Period of Service Under Review :
Date of Enlistment: 961114               Date of Discharge: 980923

 Length of Service (years, months, days):

         Active: 01 10 10 (Doesn’t exclude lost time.)
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 74

 Highest Rate: SN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF*        Behavior: NMF             OTA: NMF

Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: 17

* No marks found in service record.
 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 :

971101:  Counseling: Advised of deficiency, UA, 1hr 45min, notified of corrective actions and assistance available.
980630:  Unauthorized absence from USS TICONDEROGA at Pascagoula, MS as of 0600.
980704:  Surrendered on board USS TICONDEROGA at 0100, 980704 (5 days).

980706:  Unauthorized absence from USS TICONDEROGA as of 0615, 98Jul06.

980706:  Missed ship’s movement.

980717:          Surrendered onboard UUS TICONDEROGA at 0130, 980717 (12 days).

 980813:  Summary Court-Martial
Violation of the UCMJ, Article 86 (3 Specs).
Specification 1: Unauthorized absence 980630-980704 (5 days). Specification 2: Unauthorized absence 980706-980717 (12 days). Specification 3: Missed ship’s movement.
Findings: specification 1-3 guilty.
Sentence: Confinement for 30 days, forfeiture of $611.00 pay per month for 1 month, reduction to E-1.
CA 980813: Sentence approved and ordered executed.
980814:          To Confinement.

980912:  From confinement and returned to full duty.

 980914:  NJP for violation of UCMJ, Article 112a: Wrongful use and possession, drugs (Marijuana).
 Award: Forfeiture of $482.00 pay per month for 2 months, restriction and extra duty for 45 days. No indication of appeal in the record.
980917:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and drug abuse.

980917:         Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
980922:  COMWESTHEMGRU directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

981017:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to pattern of misconduct and drug abuse (use).

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 980923 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. Concerning a change in reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces. Neither a less than fully honorable discharge nor an unfavorable “RE” code is, in itself, a bar to reenlistment. A request for waiver is normally done only during the processing of a formal application for enlistment through a recruiter. 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.

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 " 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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