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NAVY | DRB | 2002_Navy | ND02-00819
Original file (ND02-00819.rtf) Auto-classification: Denied


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


ex-AR, USN
Docket No. ND02-00819

Applicant’s Request
The application for discharge review, received 020517, 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 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. The reason for my request is that I know the reasons for my discharge are justified but I would like to be considered for a discharge upgrade. I know that I made a big mistake by ruining my navy career, but now that I've grown by a few years. I know now that I'm going to be held down by this black mark. I also know that there is no excuse for my actions- Thank you for your consideration.
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)     960930 - 970602  COG
         Active: USN                        None
Period of Service Under Review :
Date of Enlistment: 970603               Date of Discharge: 980415

 Length of Service (years, months, days):
         Active: 00 06 25 (Excludes lost time)
          Inactive: None

 Age at Entry: 19                          Years Contracted: 4 (12 months extension)
Education Level: 12                        AFQT: 42
Highest Rate: AR

 Final Enlisted Performance Evaluation Averages (number of marks):
Performance: 3.00 (1)    Behavior: 2.00 (1)                OTA: 2.17 [Extracted from CO's message]

Military Decorations: None

 Unit/Campaign/Service Awards: None
Days of Unauthorized Absence: 88

 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 :

971220:  Applicant declared a deserter on 971218 having been an unauthorized absentee since 0700, 971119 from USS ABRAHAM LINCOLN (CVN-72).
980126:  Applicant apprehended by civil authorities on 980120 (0730) at Seattle Port Authority, Seattle, WA. Returned to military control 980120 (1500) at USS ABRAHAM LINCOLN (CVN-72).

 980222:  Summary Court-Martial.
          Charge I: violation of the UCMJ, Article 86: Unauthorized absence from 971119 until 980121 (62 days/A). Charge II: violation of the UCMJ, Article 87: Missing ship's movement on 971122 and 971129. Charge III: violation of the UCMJ, Article 112a: Wrongful use of marijuana on 980121.
          Finding: to Charge I, II, and III, and the specification thereunder, guilty.
         Sentence: Confinement for 25 days.
          CA action 980304: Sentence approved and ordered executed.
980305:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense and misconduct due to drug abuse as evidenced by all punishments under the UCMJ in the current enlistment.
980305:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
980316:  Medical evaluation found the Applicant to be not alcohol or drug dependent
980320:  To UA.
980330:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to commission of serious offense and misconduct due to drug abuse (use).
980406:  COMCRUDESGRU THREE authorized the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).
980415:  Discharge in absentia (26 days).

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged in absentia on 980415 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. Relief denied.
The Applicant’s discharge characterization accurately reflects his service to his country. 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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