Search Decisions

Decision Text

NAVY | DRB | 2002_Navy | ND02-01173
Original file (ND02-01173.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND02-01173

Applicant’s Request
The application for discharge review, received 020815, 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 030515. 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 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1. Im not sure but Im talking about my supporting documents.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Letter of recommendation, dated August 15, 2001
Form 370 from Applicant's employer, dated August 8, 2001
Form 370 from Applicant's employer, dated August 15, 2001
Character reference, dated August 15, 2001
Standard Form 180, dated July 12, 2000

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     940217 - 940403  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 940404               Date of Discharge: 950201

 Length of Service (years, months, days):

         Active: 00 09 28
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 32

 Highest Rate: SA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.60 (1)    Behavior: 2.00 (1)                OTA: 3.20

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 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 3630620.

 Chronological Listing of Significant Service Events :

941209:  NAVDRUGLAB, Jacksonville, FL, reported Applicant's urine sample, received 941203, tested positive for THC.
941222:  NJP for violation of UCMJ, Article 112A: Wrongfully use marijuana, a schedule I controlled substance, to wit: THC on 941129
         Award: Forfeiture of $400 per month for 2 months, restriction and extra duty for 45 days, reduction to SR. No indication of appeal in the record.
941226:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
941226:  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.
950105:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

950126:  BUPERS directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

950130:  Drug and Alcohol Abuse Report: Marijuana abuse, ashore off duty. Unit sweep urinalysis 941129. Physician found Applicant not dependent and recommended separation. Commanding officer recommended separation. Comments: SR (Applicant) has no potential for further useful naval service. Servicemember is a 20 year old male with 8 months naval service. He is being processed for administrative separation by reason of misconduct due to drug abuse as evidenced by is self admission to using a controlled substance, marijuana. Discharge characterization is other than honorable.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 950201 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).

 A characterization of service of under other than honorable conditions is warranted when the member’s conduct constitutes a significant departure from that expected of a Sailor. The Applicant’s service was marred by award of nonjudicial punishment (NJP) for 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 a 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.

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, and certification of non-involvement with civil authorities, 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 verifiable documentation of good character and conduct to mitigate his misconduct while on active duty. 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 . 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 | 2001_Navy | ND01-00621

    Original file (ND01-00621.rtf) Auto-classification: Denied

    Award: Forfeiture of $376 per month for 2 months, restriction and extra duty for 45 days, reduction to SR. No indication of appeal in the record.910701: Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse and misconduct due to commission of a serious offense as evidenced by Commanding Officer's nonjudicial punishment of 26Jun91 for violation of the Uniform Code of Military Justice, Article 112A: Wrongful...

  • NAVY | DRB | 2001_Navy | ND01-00950

    Original file (ND01-00950.rtf) Auto-classification: Denied

    ND01-00950 Applicant’s Request The application for discharge review, received 010717, requested that the characterization of service on the discharge be changed to general/under honorable conditions. 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): Active: None Inactive: USNR (DEP) 890923 - 900305 COG Period of...

  • NAVY | DRB | 2001_Navy | ND01-01138

    Original file (ND01-01138.rtf) Auto-classification: Denied

    PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 971126 under other than honorable conditions for misconduct due to drug abuse (use) (A). 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 introduced no decisional issues for consideration by the Board. PART IV - INFORMATION FOR THE APPLICANT If...

  • NAVY | DRB | 2001_Navy | ND01-00891

    Original file (ND01-00891.rtf) Auto-classification: Denied

    The Board voted four to one to change the discharge to: UNDER HONORABLE CONDITIONS (GENERAL)/ Misconduct – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620. Therefore, I strongly recommend that he be administratively separated from the naval service as soon as possible.880112: CNMPC directed the applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use). The Board determined the applicant’s post-service conduct has been...

  • NAVY | DRB | 2000_Navy | ND00-00412

    Original file (ND00-00412.rtf) Auto-classification: Denied

    ND00-00412 Applicant’s Request The application for discharge review, received 000210, requested that the characterization of service on the discharge be changed to general/under honorable conditions. I ask please grant me this upgrade so that I can get a good job and take care of my family. At this time, the applicant has not provided any documentation of good character and conduct.

  • NAVY | DRB | 2001_Navy | ND01-00112

    Original file (ND01-00112.rtf) Auto-classification: Denied

    No indication of appeal in the record.991215: Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by all drug incidents in your current enlistment.991215: 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 submit a statement to the Administrative Board or the Separation Authority in...

  • NAVY | DRB | 1999_Navy | ND99-01229

    Original file (ND99-01229.rtf) Auto-classification: Denied

    ND99-01229 Applicant’s Request The application for discharge review, received 990921, requested that the characterization of service on the discharge be changed to honorable. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 890512 under other than honorable conditions for misconduct due to drug abuse (use) (A). Navy Military Personnel Manual, (NAVPERS 15560A), Change 6, effective 11 Jan 89 until 13 Jun 90, Article 3630620, SEPARATION...

  • NAVY | DRB | 2000_Navy | ND00-00518

    Original file (ND00-00518.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-BM3, USN Docket No. The NDRB considered the applicant’s entire service record, time in service, stated family problems (from ADB) and found that the discharge was proper and equitable . 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.

  • 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 | 1999_Navy | ND99-01047

    Original file (ND99-01047.rtf) Auto-classification: Denied

    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): Active: None Inactive: USNR (DEP) 940720 - 941017 COG Period of Service Under Review :Date of Enlistment: 941018 Date of Discharge: 950920 Length of Service (years, months, days):Active: 00 11 03 (Does not exclude lost time) Inactive: None PART III –...