Search Decisions

Decision Text

NAVY | DRB | 2002_Navy | ND02-01256
Original file (ND02-01256.rtf) Auto-classification: Denied


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

ex-SKSN, USN
Docket No. ND02-01256

Applicant’s Request
The application for discharge review, received 020904, 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 030620. 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

1. To Whom it May Concern:

I am submitting a request that my discharge be upgraded from a general under honorable to an honorable discharge due to the fact of my exemplary record and my evaluation of work performance. I came in as an E-3 and made E-4 within one year. My first evaluations were all 4.0. I am respectfully asking that the review board to reconsider this matter. Because of the status of my discharge, I am unable to use the G.I. Bill, which I paid $100.00 a month out of my check for a total of 12 months starting when I was in boot camp. I plead guilty to a cocaine possession charge to receive a probation before judgment sentence. I was arrested having sex with a known prostitute who had drugs on her at the time and was found in the car. In order to avoid a possible conviction for drug possession I was advised by my lawyer to plead guilty and if I stayed out of trouble I it would be taken of my record. I stayed out of trouble and the conviction was expunged for me record. I never was drug tested nor did I admit to using drugs at that time. I was discharged from the Navy because of my pleading guilty I was told. Granted, the circumstances of my discharge was warranted; however, I feel that I should have been honorably discharged, or at the very least, given use of the G.I. Bill. I have re-entered college and would like to take advantage of the G.I. Bill that was made available to me at that time. If you do not see fit to grant me an honorable discharge, then at least I would like for you to consider reimbursing me the money that I put into the G.I. Bill so that I can continue my education and obtain a four-year college degree. I am currently at North Carolina Central and plan to enroll at Howard University in January of 2003. Thank you,

R_ H_

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)     911108 - 920518  COG
         Active: USN                        None

 Period of Service Under Review :
Date of Enlistment: 920519               Date of Discharge: 940513

 Length of Service (years, months, days):

         Active: 01 11 25
         Inactive: None

 Age at Entry: 30                          Years Contracted: 4

Education Level: 12                        AFQT: 68

 Highest Rate: SK3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.86 (3)    Behavior: 3.86 (3)                OTA: 3.86

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SASM, .45 CAL Pistol Expert, SSDR

 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 :

940215:  Norfolk, VA, police were dispatched to investigate a suspicious automobile and individuals. Police found SKSN H_ and a civilian female in the car with drug paraphernalia. After a search of the vehicle, they found two small quantities of cocaine. Both individuals were taken into custody. Applicant is being prosecuted by the City of Norfolk, VA on a warrant for possession of cocaine. His trial is scheduled for 940506.

940308:  Retention Warning: Advised of deficiency (Indebtedness; writing bad checks), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

940310:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by being charged with a warrant for cocaine possession by the City of Norfolk, VA.
940310:  Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.

940311:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 940216-940218 (2 days/S), violation of UCMJ, Article 134: Check, worthless, making and uttering by dishonorably failing to maintain funds.
         Award: Restriction and extra duty for 45 days, reduction to E-3. No indication of appeal in the record.
940412:  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 honorable conditions (general).

940413:  Psychiatric/Medical evaluation: Member denies ever using cocaine, marijuana, or other illicit drugs. Member denies homicidal or suicidal ideation. No diagnosis. Member is not a danger to himself or others.

940414:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (possession).

940504:  BUPERS directed the Applicant's discharge under honorable conditions (general) by reason of misconduct due to drug abuse (possession).

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 940513 under honorable conditions (general) 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 did possess illegal drugs. Drug abuse warranted processing for separation, normally under other than honorable conditions. The Board’s regulations limit its review to a determination on the propriety and equity of the discharge. The Veterans Administration determines eligibility for post-service benefits, not the NDRB. There is no requirement or law that grants recharacterization solely on the issue of obtaining veterans’ benefits and this issue does not serve to provide a foundation upon which the Board can grant relief.
 Relief denied.
The Applicant’s discharge characterization accurately reflects his service to his country. The discharge was proper and equitable. 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 . 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 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 | ND00-00417

    Original file (ND00-00417.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION I am hoping that the past mistakes I've made can be forgiven and I am granted I new lease on life so that I can make things better for my two children and myself. 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:

  • NAVY | DRB | 2001_Navy | ND01-00595

    Original file (ND01-00595.rtf) Auto-classification: Denied

    ND01-00595 Applicant’s Request The application for discharge review, received 010402, requested that the characterization of service on the discharge be changed to general/under honorable conditions. The Administrative Discharge Board found the applicant did commit a violation of UCMJ Article 112a but recommended retention due to the applicant’s service record. At this time, the applicant has not provided any documentation of good post-service character and conduct.

  • NAVY | DRB | 2002_Navy | ND02-00536

    Original file (ND02-00536.rtf) Auto-classification: Denied

    ND02-00536 Applicant’s Request The application for discharge review, received 020321, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to medical. Dear Chairperson:After a review of the Former Service Members (FSM) DD Form 293 Application for the Review of Discharge or Dismissal from the Armed Forces of the United States and all of the evidence assembled for review, we continue to support the contentions as...

  • NAVY | DRB | 2003_Navy | ND03-00602

    Original file (ND03-00602.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. The Applicant can provide documentation to support any claims of post-service accomplishments at that time.

  • NAVY | DRB | 2000_Navy | ND00-00261

    Original file (ND00-00261.rtf) Auto-classification: Denied

    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).In the applicant’s issue 1, the Board determined this issue is without merit. The NDRB reviews the propriety (did the Navy follow its own rules in processing the applicant for discharge) and equity (did the applicant receive a discharge characterization in keeping with Navy guidance or was the characterization...

  • NAVY | DRB | 2003_Navy | ND03-00316

    Original file (ND03-00316.rtf) Auto-classification: Denied

    Bill allotment funds that were deducted from my pay be re-embursed to me.” 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) 870624 - 870705 COG Active: USN None Period of Service Under Review :Date of Enlistment: 870706 Date of Discharge: 890313 Length of Service (years, months,...

  • NAVY | DRB | 2000_Navy | ND00-00061

    Original file (ND00-00061.rtf) Auto-classification: Denied

    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).In response to applicant’s issue 1, the Board has no control over re-enlistment bonuses or the applicant’s credit rating. In response to applicant’s issue 2, the Board found that an Honorable discharge after 36 months on active duty is required for entitlements to benefits under the G.I. At this time, the applicant...

  • NAVY | DRB | 1999_Navy | ND99-01074

    Original file (ND99-01074.rtf) Auto-classification: Denied

    I request that the board please review my service records & note that I was given an Honorable Discharge in May of 93. 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: USN 870824 - 930510 RELAD Inactive: USNR (DEP) 861230 - 870823 COG USNR-R 930511 - 941029 HON Period of Service Under Review :Date of...

  • NAVY | DRB | 2004_Navy | ND04-00143

    Original file (ND04-00143.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Certificate from Phi Theta Kappa, dated October 6, 2002 The National Dean’s List certificate, dated 2002-2003 Article written by Applicant and P_ I_, MD Applicant’s DD Form 214 (Member 1 and 4) PART II - SUMMARY OF SERVICE Prior Service (component,...

  • NAVY | DRB | 2004_Navy | ND04-00454

    Original file (ND04-00454.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. Mandatory processing for separation is required for sailors who abuse illegal drugs. As of this time, the Applicant has not provided any documentation for the Board to consider.