Search Decisions

Decision Text

NAVY | DRB | 2002_Navy | ND02-01168
Original file (ND02-01168.rtf) Auto-classification: Denied


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

ex-OSSN, USN
Docket No. ND02-01168

Applicant’s Request
The application for discharge review, received 020806, 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 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 of the discharge shall not change. The discharge shall remain: GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

The applicant introduced no issues as block 8 on the DD Form 293 is blank.


Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     900920 - 910716  COG
        
Period of Service Under Review :
Date of Enlistment: 910717               Date of Discharge: 941102

 Length of Service (years, months, days):

         Active: 03 03 16
         Inactive: None
Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 65

 Highest Rate: OSSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.43 (3)    Behavior: 3.46 (3)                OTA: 3.45

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: None

 Character, Narrative Reason, and Authority of Discharge (at time of issuance):

GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630620.

 Chronological Listing of Significant Service Events :

940718:  DAAR: Applicant referred self for illicit drug (marijuana) use while on
                  active duty. Applicant stated he has been using for approximately one
                  year. Member verbalized he would like to get help to stop using
                  marijuana. As a result of a previous drunk and disorderly charge,
                  member was screened by CAAC and found not dependent on alcohol.
                  Medical screen for drug dependency pending. Member has no potential
                  for naval service.

940803:  Medical evaluation for drug abuse found the Applicant to be a drug and alcohol dependent. VA inpatient treatment recommended.

940908:  Applicant notified of intended recommendation with a characterization of general (under honorable conditions) discharge by reason of misconduct due to drug abuse as evidenced by self-referral to Command DAPA.

940914:  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.
941102:  Commanding Officer directed the applicant's discharge with a characterization of general (under honorable conditions) by reason of misconduct due to drug abuse (use).
941113:  Commanding Officer recommended a discharge with a characterization of general (under honorable conditions) by reason of misconduct due to drug abuse (use). Commanding Officer’s comments (verbatim): [I recommended that subject named member be separated from the naval service and the characterization of discharge to be general (under honorable conditions.)]   

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 941102 with a characterization of general (under 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 did not introduce any decisional issues for the Board’s consideration. A characterization of service of general (under honorable conditions) is warranted when the member’s conduct constitutes a departure from that expected of a Sailor. The Applicant’s service was marred by drunk and disorderly behavior and illegal drug use. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflect his disobedience of the orders and directives which regulate good order and discipline in the naval service, and falls short of that required for an honorable characterization of service. An upgrade to honorable would be inappropriate. Relief denied. For the Applicant’s edification, Sailors guilty of illegal drug use normally receive a discharge characterization of under other than honorable conditions.

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. 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.

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 . Navy Military Personnel Manual, (NAVPERS 15560C), Change 9/94, effective
22 Jul 94 until 02 Oct 96, 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

Similar Decisions

  • NAVY | DRB | 2000_Navy | ND00-00973

    Original file (ND00-00973.rtf) Auto-classification: Denied

    The Naval Discharge Review Board (NDRB) also advised that the board first conducts a documentary review prior to any personal appearance hearing. [Extracted from case file] PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 990205 general under honorable conditions for misconduct due to drug abuse (use) (A). The Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective 12 Dec 97 to 19 May 99, Article 1910-146 (formerly...

  • NAVY | DRB | 2001_Navy | ND01-00907

    Original file (ND01-00907.rtf) Auto-classification: Denied

    ND01-00907 Applicant’s Request This application for discharge review, received 010705, requested the characterization of service issued to the Applicant at the time of his discharge be changed to general/under honorable conditions. 860506: An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the Applicant had committed misconduct due to drug abuse, that the misconduct warranted separation, and recommended discharge under other than...

  • NAVY | DRB | 2003_Navy | ND03-01361

    Original file (ND03-01361.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. 941208: An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the Applicant had committed misconduct due to drug abuse, that the misconduct warranted separation, and recommended discharge general under honorable conditions. Verifiable proof of any post-service accomplishments must be provided in order for the Applicant...

  • NAVY | DRB | 2002_Navy | ND02-00584

    Original file (ND02-00584.rtf) Auto-classification: Denied

    The Applicant requested a documentary record discharge review. Accordingly, I strongly recommend SNM be separated from the Naval service with an Other Than Honorable discharge.] 870901: CO, USS NIMITZ, advised CNMPC that Applicant was processed for misconduct due to drug abuse as evidenced by his admissions to use and possession of controlled substance during an alcohol abuse screening interview with the command's CAAC.

  • NAVY | DRB | 2003_Navy | ND03-00348

    Original file (ND03-00348.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. At this time, the Applicant has not provided sufficient documentation for the Board to consider. Therefore, no relief is appropriate.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.

  • NAVY | DRB | 2000_Navy | ND00-00303

    Original file (ND00-00303.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-OSSA, USNR Docket No. ND00-00303 Applicant’s Request The application for discharge review, received 000105, requested that the characterization of service on the discharge be changed to honorable. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Applicant requested board review evidence submitted with original...

  • NAVY | DRB | 2001_Navy | ND01-00591

    Original file (ND01-00591.rtf) Auto-classification: Denied

    Applicant marked the block "I have listed additional issues as an attachment to this application." 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’s issue 1 states: “I am respectfully requesting that my current discharge of "other than honorable" be upgrading to "general/under honorable conditions" based upon these factors: with 7 years 8 months of...

  • NAVY | DRB | 2003_Navy | ND03-00015

    Original file (ND03-00015.rtf) Auto-classification: Denied

    Drug abuser 930618: An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the Applicant had committed misconduct due to drug abuse, that the misconduct warranted separation, and by a vote of 2 to 1 recommended discharge under other than honorable conditions. Navy Military Personnel Manual, (NAVPERS 15560C), Change 5/93, effective 05 Mar 93 until 21 Jul 94, Article 3630620, SEPARATION OF ENLISTED MEMBERS BY REASON OF MISCONDUCT DUE TO...

  • NAVY | DRB | 2004_Navy | ND04-00722

    Original file (ND04-00722.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. 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. 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...

  • NAVY | DRB | 1999_Navy | ND99-00615

    Original file (ND99-00615.rtf) Auto-classification: Denied

    ND99-00615 Applicant’s Request The application for discharge review, received 990331, requested that the characterization of service on the discharge be changed to general/under honorable conditions. No indication of appeal in the record.921211: Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by your CO's NJP of 11 December 1992 for violation of the UCMJ, Article 112a (1 specification of...