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NAVY | DRB | 2002_Navy | ND02-00628
Original file (ND02-00628.rtf) Auto-classification: Denied


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


ex-SR, USN
Docket No. ND02-00628

Applicant’s Request
The application for discharge review, received 020404, 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 030116. 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. To Whom it May Concern:
This document enclosed with my packet has been provided for the sake of clarity. It is my intention that it will supply insight into my motivation for joining the Navy, for leaving the Navy, the current state of affairs in my life at the time this document was written, and my motivation for petitioning for an upgrade in my discharge status and/or an upgrade in my reentry status.
When I joined the Navy it was for three reasons: to earn money, to participate in the G.I. Bill, and/or to attend the Naval Academy. I cannot over emphasize the latter's importance in my decision to join the Navy. It was my intention to go through the Nuclear Power Pipeline into the Naval Academy. With that being said, the further I progressed through my "ET" school the more I realized I did not want to spend my career in the Navy being a Nuclear ET.
Eventually I came to the realization that I could not risk graduating from "A" school and being stuck in a rating that I abhorred, if the Naval Academy did not accept me. I confronted the class Petty Officer and later the Master Chief of the ET division. I informed them about how I felt about spending my career as an ET, and that I would like to either change ratings or strike for another rating in the Fleet. They both told me the same thing, that they could do nothing for me and that only the Rear Admiral could allow me to leave NNPTC.
At this point, my attitude changed from disappointment to the anxiety of imprisonment. Due to my immaturity and lack of discipline, I decided to desert. At the time, I felt like this was my only choice. When I came back to NNPTC I also deceptively confessed to the wrongful use of marijuana to expedite my departure from the Navy. Consequently, I was discharged under other than honorable conditions.
Now I am realizing the repercussions of my maniacal reasoning and my lack of discipline. I was 17 when I joined the Navy, 18 when I was discharged, and I am now 21 years old. In regards to maturity and self-discipline, I can honestly say that a few years can make all the difference. Now, I am engaged to be married and have a 21/2-year-old daughter and another child being born in May. I have matured greatly since I was discharged and I am fully accountable and take full responsibility for my actions.
I ask that the person(s) that may come in contact with this document consider me worthy of another opportunity to make right my past transgressions and to prove myself in the eyes of my family and myself. Thank you for your time and consideration.
Sincerely,

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant's DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     980529 - 980617  COG
          Active: None
Period of Service Under Review :
Date of Enlistment: 980618                        Date of Discharge: 990319

 Length of Service (years, months, days):
         Active: 00 09 02         Does not exclude lost time
          Inactive: None
Age at Entry: 17 Parental Consent                Years Contracted: 4

 Education Level: 12                                 AFQT: 97
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: 39
*No Marks Found in the 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 :

990212:  Applicant declared a deserter.
990225:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 0650, 990114 to 1250, 990223 (39 days/surrendered), violation of UCMJ, Article 112a: Wrongfully use marijuana on 990213.
         Award: Forfeiture of $537 per month for 2 months, restriction and extra duty for 45 days, reduction to SA, oral admonition. No indication of appeal in the record.
990319:  DD Form 214: Applicant discharged under other than honorable conditions by reason of misconduct due to drug abuse (use), authority: NAVMILPERSMAN, Article 1910-146.
Discharge package missing from service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 990319 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. There is credible evidence in the record that the Applicant used illegal drugs. Drug abuse warranted processing for separation, normally under other than honorable conditions. While he may feel that his immaturity and dissatisfaction were factors that contributed to his actions, the record clearly reflects his 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.
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 is therefore denied.
Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question. No such error or inequity is evident 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. 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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