Search Decisions

Decision Text

NAVY | DRB | 2002_Navy | ND02-01321
Original file (ND02-01321.rtf) Auto-classification: Denied


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

ex-MSSA, USN
Docket No. ND02-01321

Applicant’s Request
The application for discharge review, received 020917, 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 030722. 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. I am 25 years of age, single, and a father of one son, I_ J_ C_. I was discharged from the United States Navy five (5) years ago. I was a very hard working sailor for the Navy, one of the best Mess Specialist's (M.S.) on the ship. I cooked and was praised in every mess hall from Captain Chiefs to the enlisted. On the other hand, I was also a very hard drinker throughout my Naval career. During this time, I stayed in alcohol related incidents. I became an alcoholic in the military. At the age of 18, you were given the opportunity to drink. A majority of the time, I would drink a 5 th of Royal Canadian Whiskey a day alone. Many nights I cannot recall due to my alcohol addiction. Namely the incident that discharged me from the United States Navy. Before the military, I could not even drink beer much less hard liquor. Joining and leaving were two completely different metamorphosis. I am now and have been for three (3) years, alcohol free no thanks to AA but to my family. I ask that you please consider upgrading my discharge so that I may return to school and better myself as well as my family. Please feel free to contact me at the below listed address if you have questions or concerns.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Character reference, dated August 9, 2002
Character reference, dated August 7, 2002

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     940921 - 950717  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 950718               Date of Discharge: 970713

 Length of Service (years, months, days):

         Active: 01 11 26
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 35

 Highest Rate: MSSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF*                          Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, AFEM, MUC

 Days of Unauthorized Absence: None

*No Marks Found in the service record.

 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 :

951218:  NJP for violation of UCMJ, Article 92: Disciplinary action unknown. Not found in service record. [Extracted from DAAR report, dated 970424.]

970410:  NJP for violation of UCMJ, Article 134. Minor in possession of alcohol by consumption. Not further information found in service record. [Extracted from DAAR report, dated 970424.]
970424:  Drug and Alcohol Abuse Report: Marijuana abuse. Random urinalysis 870401. Physician found Applicant not dependent and recommended separation. Commanding Officer recommended separation. Comments: Service member is a 20 year old male with 1 year and 9months of Naval service. When returned to ship due to NIP incident, urinalysis was completed. Sample was positive. Service member has proven himself to be unreliable. IAW OPNAVINST 5350.4B policy on illicit drug use, members potential for further Naval Service is poor.
970424:  NJP for violation of UCMJ, Article 112A: Wrongful use, possession, etc of controlled substances.
         Award: Forfeiture of $505 per month for 2 months, restriction and extra duty for 45 days, reduction to MSSA. No indication of appeal in the record.
970713:  DD Form 214: Applicant discharged under other than honorable conditions by reason of misconduct due to drug abuse (use).

Discharge package missing from service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 970713 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. There is credible evidence in the record that the Applicant used illegal drugs. Drug abuse warranted processing for separation, normally under other than honorable conditions. The record is devoid of evidence that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions. Relief denied.
The Applicant’s discharge characterization accurately reflects his service to his country. 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 for 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 14, effective
03 Oct 96 until 11 Dec 97, Article 3630620 SEPARATION OF ENLISTED PERSONNEL 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

Similar Decisions

  • NAVY | DRB | 1999_Navy | ND99-01248

    Original file (ND99-01248.rtf) Auto-classification: Denied

    Alcohol was an every day part of my life. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Statement form applicant Copy of DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USNR (DEP) 960530 - 961104 COG Period of Service Under Review :Date of Enlistment: 961105 Date of Discharge: 980918 Length of Service (years, months,...

  • NAVY | DRB | 2000_Navy | ND00-00453

    Original file (ND00-00453.rtf) Auto-classification: Denied

    PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 970519 under other than honorable conditions for misconduct due to drug abuse (use) (A). The applicant clearly established a pattern of misconduct in his 10 months of service that warranted a discharge under other than honorable conditions. The NDRB found no impropriety in the applicant’s discharge.

  • NAVY | DRB | 1999_Navy | ND99-00513

    Original file (ND99-00513.rtf) Auto-classification: Denied

    ND99-00513 Applicant’s Request The application for discharge review, received 990301, requested that the characterization of service on the discharge be changed to general/under honorable conditions. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 980519 under other than honorable conditions for misconduct due to drug abuse (use) (A). The applicant’s first issue (equity) states the discharge authority did not consider his 33 months...

  • NAVY | DRB | 2000_Navy | ND00-00474

    Original file (ND00-00474.rtf) Auto-classification: Denied

    ND00-00474 Applicant’s Request The application for discharge review, received 000301, requested that the characterization of service on the discharge be changed to honorable. 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 the applicant’s issue wherein he states that he has “turned his life around”, there is no law or regulation that provides for...

  • NAVY | DRB | 2002_Navy | ND02-00290

    Original file (ND02-00290.rtf) Auto-classification: Denied

    The applicant requested a documentary record discharge review. Sincerely Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of DD Form 214 Twelve pages from applicant's service record Copy of applicant's social security card Letter from Commander, Navy Recruiting Area ONE, dated May 22, 1997 Education Evaluation request dated May 20, 1997 (with eight pages of supporting documents) PART II - SUMMARY OF...

  • NAVY | DRB | 2003_Navy | ND03-00605

    Original file (ND03-00605.rtf) Auto-classification: Denied

    ND03-00605 Applicant’s Request The application for discharge review was received on 20030303. We refer this case to the Board for their careful and compassionate consideration and request the Applicant’s discharge be reviewed for upgrading his general discharge to honorable discharge.” Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Copy of DD Form 214 Employment/Character Reference Letter dated February...

  • NAVY | DRB | 2003_Navy | ND03-00283

    Original file (ND03-00283.rtf) Auto-classification: Denied

    Recommend being discharged from the Naval service. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 19960505 under other than honorable conditions for misconduct due to drug abuse (use) (A). 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.

  • NAVY | DRB | 2001_Navy | ND01-00180

    Original file (ND01-00180.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Character Reference ltr from J_ R_, Constable, dtd Nov 1, 2000 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: None Period of Service Under Review :Date of Enlistment: 910228 Date of Discharge: 930111 Length of Service (years, months, days):Active: 01 04 08 Inactive: 00 06 05 MSSR (Applicant)...

  • NAVY | DRB | 2000_Navy | ND00-00247

    Original file (ND00-00247.rtf) Auto-classification: Denied

    In the acknowledgement letter to the applicant, the applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing. Relief denied.The applicant’s second issue states: “I no longer wanted to be in the US Navy. As I soon found out, that was not true.” The NDRB found the applicant was discharged for misconduct based on his admitted drug use.

  • NAVY | DRB | 1999_Navy | ND99-00518

    Original file (ND99-00518.rtf) Auto-classification: Denied

    ND99-00518 Applicant’s Request The application for discharge review, received 990302, requested that the characterization of service on the discharge be changed to general/under honorable conditions. SO I ASK AGAIN PLEASE CONSIDER MY APPLICATION. At this time, the applicant has not provided any documentation of good character and conduct.