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NAVY | DRB | 2002_Navy | ND02-00804
Original file (ND02-00804.rtf) Auto-classification: Denied


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

ex-YNSR, USN
Docket No. ND02-00804

Applicant’s Request
The application for discharge review, received 020515, 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 030214. 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. My name is C_ L_ J_ II. I was once in the U.S. Navy from 4/99 to 5/00 my last duty station was at National Naval Medical Center, Bethesda, MD as a Yeoman in Hospital Admin.

 In April 00 I was informed by a family member from home that my grandma had became very ill. My grandmother raised me as a very young child. So it was a very strong bond between each other. I was calling home a lot three times a day to check on her and her condition. So finally a week later my mother called me and told me that she just got back home from the hospital with my grandmother. I was told that the doctor had gave up on her that it wasn't nothing else they could do for her. So the whole family became emotionally hurt.
Truly it affected my work some. But my work kept me from thinking about my grandmother so hard. So one day I was so depressed I went out, and I was offered marijuana first time ever trying it to deal with the pain. That next morning I realize what I had done. So that started on my conscience.
Started thinking how I forgot my core values honor, courage, and respect. Letting myself go that far. The next day I went to DAPA and talk to the counselor and I told the petty officer everything I had did and why. She was surprised that I came forward instead of letting it slide and nobody will know. So the petty officer counsel me, but she informed me that I would probably be separated from the navy for my actions. I wanted to let the navy know they still have a lot of sailors that want to do the right thing. I didn't think the Navy would separate me if I gave myself up just looking for help I didn't want to separate. After I was assigned my punishments 90 days restrictions, check-in three times a day, a 1-half of my pay I was separated from the Navy.

Since I was out of the military services. I helped take care of my grandmother until she passed away. I been drug free since the incident. I'm active in my new home church New Convert Baptist Church. I'm a usher and in the near future me and the deacon board is trying to start a program for the youth called the Youth Crusaders. A program where we spent time with the youth in such things like sports, bible readings and study, and beening there when the need to talk to someone, spent time helping the elders. It’s a honor to be a member of New Convert Baptist Church of Maplesville Alabama.

I'm recently a student of BE&K Construction School for Welding. Two nights a week 6pm to 9pm. I took this school to learn a trade to maybe I go somewhere and I can use it.
Recently I'm employed at Sunbelt Paper & Packaging, a paper company and in spare time I do side jobs for anybody who need me to help them such as roofing, painting, car washing, lawn care, and wood cutting. I enjoy spenting time with the young guys in my neighborhood we mostly play sports together something to keep the violence, trouble, and misled off and out of their's path of beening successful in their's lifetime.

The reason for my letter and request is asking for another chance in the U.S. Navy. For the time that I have been in civilian life. I realize I deeply missed the Navy. I would beg a million times or more to see myself serving my country again. From this point of view it don't seem that I'm not doing that much or not enough for my country. From my mistake I feel and know that I owe myself, Navy, and my country dedicated, honorable, respectable, service from me. I would like to show that I can be the sailor I needed to be that would go the extra mile for a shipmate. Any tasks that is assigned to me I will do it to the fullest of my abilities in respectable time and matter. I would like to be a part of the good will, protection and freedom of this country that we dwell in. I just want to give something back to every family and every service member of the world's finest naval forces the U.S. Navy and the universe's greatest country the United States of America.

So please find somewhere in your heart to give me another chance to serve in the Navy and the United States of America. This is all of our home. Everyone such give something back.

Thank you for your time and patience God bless you..
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of Certificate of Death (Grandmother's), dated September 17, 2000
Reference Letter from Pastor D_ B_, undated
Employment/Character Reference Letter from J_ L_ (2 pgs), undated
Memo from M_ L_, Program Administrator, dated April 8, 2002
Reference Letter from T_ W. C_ (2 pgs), undated
Reference Letter from J_ A_, Jr (2 pgs), undated
Letter of Recommendation from Rev. C_ L. J_ (Applicant's father), dated March 25, 2002
Reference Letter from L_ T_ (2 pgs), undated
Letter of Recommendation from D_ W_, Specialist I/Case Manager Central Alabama Skills Center, dated March 11, 2002
Reference Letter from L_ P_ (Applicant's mother) (2 pgs), undated
Letter from Applicant (Documentation of Separation), received September 25, 2002
Copy of Administrative Board Procedure Letter (2 pgs), dated April 20, 2000
Copy of Notification of Positive Urinalysis, dated April 10, 2000
Copy of Administrative Board Procedure Acknowledgement of Rights, dated April 20, 2000
Copy of Report of Urine Sample Test, dated April 6, 2000
Copy of Urinalysis Consent Form, dated March 22, 2000
Copy of Drug Screening Verification Letter, dated March 22, 2000
Copy of Urinalysis Ledger, March 23, 2000
Copy of Specimen Custody Document, dated March 22, 2000

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     990326 - 990425  COG
         Active: USN                        None

 Period of Service Under Review :
Date of Enlistment: 990426               Date of Discharge: 000505

 Length of Service (years, months, days):

         Active: 01 00 10
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4 (12 month extension)

 Education Level: 8 (GED)                           AFQT: 38

 Highest Rate: YNSA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (1)    Behavior: 1.00 (1)                OTA: 2.67 (5.0 Evals)

 Military Decorations: None

 Unit/Campaign/Service Awards: GCA

 Days of Unauthorized Absence: None

 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 :

000406:  NAVDRUGLAB [JACKSONVILLE FL], reported Applicant’s urine sample, received 000327, tested positive for [THC]
[Extracted from Applicant’s case file].

000420:  NJP for violation of UCMJ, Article 112a: Wrongful use of controlled substance.
         Award: Forfeiture of $502.00 pay per month for 2 months, restriction and extra duty for 45 days, reduction to E-1. No indication of appeal in the record.
000420:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by your Commanding Officer's non-judicial punishment of 000420
[Extracted from Applicant’s case file].
000420:  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
[Extracted from Applicant’s case file].
000428:  Commander, National Naval Medical Center directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use)
[Extracted from Applicant’s case file].

000505   Adverse Performance Evaluation Report.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 000505 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 Board found the Applicants discharge proper and equitable. Drug abuse (use) warranted processing for separation, normally under other than honorable conditions. The Applicant’s summary of service is marred by award of non-judicial punishment (NJP) for wrongful use of a controlled substance. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his disobedience of the orders and directives that regulate good order and discipline in the naval service, and falls short of that required for an honorable characterization of 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. An upgrade to honorable would be inappropriate. Relief denied.

 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. Therefore, the Board cannot grant relief on this issue.

The Board’s charter limits its review to a determination on the propriety and equity of the discharge. In the Applicant’s case the Board could discern no impropriety or inequity and therefore considered the Applicant’s discharge was proper and equitable. Furthermore, t here 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, a positive employment record, documentation of community service, certification of non-involvement with civil authorities and credible evidence that the Applicant is living a drug free life style, are examples of verifiable documents that should be provided to receive consideration for relief, based on post-service conduct. At this time the Applicant has not provided sufficient documentation of good character and conduct. Relief denied.

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge. The Applicant can provide additional documentation to support any claims of post-service accomplishments at that time. 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 27, effective 27 March 2000 - 11 Feb 2001, 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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