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NAVY | DRB | 2002_Navy | ND02-01119
Original file (ND02-01119.rtf) Auto-classification: Denied


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

ex-BMSN, USN
Docket No. ND02-01119

Applicant’s Request
The application for discharge review, received 020801, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to Early out with less than six months. 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 030501. 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 and reason for 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 believe my discharge should be changed to honorable because it was based on one isolated incident in forty three months of service. I was an outstanding sailor and I always done my job well and took pride in my work. I occurred and I had already requested an early out when my captain denied the request I had wanted to get married so I requested an early out before the ship was to be deployed to the med since my discharge I did get married that same year and I have been married for ten years and I raised my stepdaughter since 1992 and I have had my own daughter since 1996. I am an outstanding citizen and I volunteer for community activities year round. I really want and need a second chance to provide for my family.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Character reference, dated May 21, 2002
Applicant's DD Form 214
Eighteen pages from Applicant's service record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     871214 - 881010  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 881011               Date of Discharge: 920805

 Length of Service (years, months, days):

         Active: 03 09 25
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 36

 Highest Rate: BM3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.92 (5)    Behavior: 3.85 (5)                OTA: 3.80

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SASM with 2 Bronze Star, KLM, SSDR, NUC

 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 :

881016:  Applicant briefed on Navy's policy of drug and alcohol abuse.

 900416:  Civil Conviction: Traffic Division of Norfolk District Court for violation of no city decal/license and reckless driving.
 Sentence: $215.00 plus court cost.
900904:  Applicant evaluated as a drug or alcohol abuser. Applicant informed must participate in the Level I program regimen.

920505:  NJP for violation of UCMJ, Article 112A: Wrongful use of amphetamines.
         Award: Forfeiture of $501.90 per month for 2 months, restriction and extra duty for 45 days, reduction to BMSN. No indication of appeal in the record.
920505:  Medical evaluation for drug abuse found the Applicant to be a drug abuser, not drug dependent.

920505:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse. [Extracted from CO's message dated 920702.]
920505:  Applicant advised of her 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 CO's message dated 920702.]
920707:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

920725:  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 920805 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).

The Applicant contends that, as a matter of equity, her drug use was the only incident in an otherwise honorable period of 43 months of service. The Applicant’s conduct, and not her time served, forms the primary basis in determining her characterization of service. The records the Board reviewed showed there to be credible evidence that the Applicant used illegal drugs and it is this misconduct that warranted an other than honorable discharge. The Applicant’s service is equitably characterized as being performed under other than honorable conditions due to this drug abuse (use). Relief on this basis is therefore denied.
The Applicant further contends that her post service conduct, specifically her community service, warrants consideration in the upgrade of her discharge. T here is no law or regulation that provides for an unfavorable discharge to be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. The NDRB is authorized, however, 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 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. E vidence of continuing educational pursuits, an employment record, documentation of community service, certification of non-involvement with civil authorities, and credible evidence of a substance-free lifestyle are examples of verifiable documents that may be provided to receive consideration for relief based on post-service conduct. At this time, the Applicant has not provided sufficient documentation for the Board to consider an upgrade to her discharge. Relief on this basis is denied.

The Applicant is reminded that she remains eligible for a personal appearance hearing, provided an application is received at the NDRB within 15 years from the date of her 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. 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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