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NAVY | DRB | 2002_Navy | ND02-01282
Original file (ND02-01282.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND02-01282

Applicant’s Request
The application for discharge review, received 20020911, 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 20030812. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB. 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. Dear DRB:
The following issues are the reasons I am requesting that my discharge be upgraded to General/Under honorable conditions, also a favorable change in my RE-Code. If you disagree, please explain in detail why you disagree, and send responds back in envelope enclosed. These issues are what I wish to be reviewed and taken into consideration when making you decision. (1) my average conduct and efficiency rating/behavior and proficiency marks were pretty good. (2) Since my discharge I have been a good citizen. (3) My ability to serve was impaired by my youth and immaturity, also by personal and financial problems. Last, please take into account that I was young then and now many things have changed in my life, and my time away from the military has brought me to understand life in many new ways. It also has made me more responsible as an adult, with my new marriage and birth of my son. Sir, I am not making excuses for what I did then, nor am I asking you all to overlook it. I have made mistakes, many of them in my life, and I am almost certain I will make more, just like every other person in the world. I cannot change the mistakes that I have made threw out my life, only better myself from them. I think that I have changed in more ways then one, and I hope today you all feel the same way. Now, I asking you all not to judge me by just one major mistake that I made at a very young age in my life. Look at what I have done in my life to change the major mistakes as much as possible. Please, give me this one change to total change that mistake, by letting me full-fill my strong desire to serve my country again, and better my family and I. I ask you again please upgrade my discharge and RE-Code. Thank you for your time today.

Enclosed is an envelope, postage paid and addressed to me for the return of this documents to me, Thank you.

 Documentation
In addition to the service record, NO DISCHARGE PACKAGE AVAILABLE, the following additional documentation, submitted by the applicant, was considered:
Copies of DD Form 214 (2)
Letter of Commendation dated March 6, 2000
Copy of Visit, Board, Search, and Seizure Designation Letter dated November 20, 1999
Copy of Son’s Birth Registration Notice
Copy of Certificate of Marriage
Employment Reference Letter from Exterior Concepts, INC dated August 6, 2002

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     990617 - 990624  COG
         Active: USN                       

Period of Service Under Review :
Date of Enlistment: 990625               Date of Discharge: 000705

 Length of Service (years, months, days):

         Active: 01 00 12
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 09                        AFQT: 65

 Highest Rate: SA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMA                  Behavior: NMA             OTA: NMA

 Military Decorations: None

 Unit/Campaign/Service Awards: AFEM, BATTLE”E”, LOC

 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 1910-146, formerly 3630620.

 Chronological Listing of Significant Service Events :

000117:  Retention Warning: Advised of deficiency (Violations of the UCMJ; Article 113 (Misbehavior or sentinel or lookout), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

000117:  NJP for violation of UCMJ, Article 113: Misbehavior of sentinel or lookout.
         Award: Forfeiture of $450.00 pay per month for 1 month, restriction and extra duty for 45 days. No indication of appeal in the record.
000606:  NJP for violation of UCMJ, Article 112a: Wrongful use of controlled substance (marijuana).
Award: Forfeiture of $500.00 pay per month for 2 months, restriction and extra duty for 45 days, reduction to E-1. No indication of appeal in the record.
NO DISCHARGE PACKAGE AVAILABLE

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 20000705 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 and 3: Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question. No such error or injustice occurred during the Applicant’s enlistment. While he may feel that his youth, immaturity and personal problems were contributing factors, they do not mitigate the Applicant’s disobedience of the orders and directives that regulate good order and discipline in the naval service, demonstrating he was unsuitable for further service. Even though the Applicant believes his marks were good, they do not diminish the severity of his misconduct and the military does not view such offenses as minor infractions to maintain proper order and discipline. His service record is marred by award of non-judicial punishment (NJP) on two separate occasions for misbehavior and illegal drug use, thus substantiating the misconduct for which he was separated . It must be noted that most Sailors serve honorably and well and therefore earn honorable discharges. In fairness to those Sailors, commanders and separation authorities are tasked to ensure that undeserving Sailors receive no higher characterization than is due. An upgrade to general (under honorable) conditions 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.

Concerning a change in reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces. Neither a less than fully honorable discharge nor an unfavorable “RE” code is, in itself, a bar to reenlistment. A request for waiver is normally done during the processing of a formal application for enlistment through a recruiter. Relief is therefore denied.
Issue 2: 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. 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 . The Naval Military Personnel Manual, (NAVPERS 15560C), Change 27, effective 27 March 2000 - 11 Feb 2001, 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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