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NAVY | DRB | 2003_Navy | ND03-00102
Original file (ND03-00102.rtf) Auto-classification: Denied


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

ex-AR, USN
Docket No. ND03-00102

Applicant’s Request
The application for discharge review, received 20021024, 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 20030912. 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: GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-146, formerly Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1. I AM PRESENTING THIS REQUEST TO THE BOARD IN HOPE OF AN UPGRADE OF MY DISCHARGE FROM GENERAL TO HONORABLE. I WILL NOT WASTE THE BOARDS TIME BY LISTING EXCUSES, ONLY TO SAY THAT I TRULLY REGRET MY CHILDISH AND IMMATURE ACTIONS THAT RESULTED IN MY PREMATURE DISCHARGE FROM THE NAVY.
I ALLOWED MYSELF TO BE CAUGHT UP IN A PEER PRESSURE SITUATION THAT GOT OUT OF MY CONTROL. I WAS NOT MATURE NOR WISE ENOUGH TO REALIZE THAT RUNNING WITH THE WRONG GROUP WAS UNHEALTHY FOR A MILITARY CARRIER. THE NAVY GAVE ME A WAKE UP CALL. SINCE MY DISCHARGE FROM THE NAVY, I HAVE ENDEAVORED TO OVER COME THIS SET BACK IN MY LIFE BY BECOMMING ACTIVE IN THE COMMUNITY AFFAIRS OF MY HOME TOWN. I HAVE GRADUATED FROM THE POLICE ACADEMY AND AM CURRENTLY ON MY CITIES AUXILIARY POLICE FORCE, WAITING TO BE HIRED FULL TIME. I HAVE TRIED TO BE A POSITIVE INFLUENCE ON MY COMMUNITIES YOUTH BY SPEAKING WITH THEM ON WALKING THE RIGHT PATH. SHOULD MY REQUEST RECIEVE A POSITIVE ACTION, IT WOULD ALLOW ME TO BROADEN MY CARRIER IN LAW ENFORCEMENT.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Vocational credit certificate dated May 4, 2001
Basic Recruit Certificate, certificate of compliance, dated July 30, 2002

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19981211 – 19990111      COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 19990112             Date of Discharge: 19991231

 Length of Service (years, months, days):

         Active: 00 11 20
         Inactive: None

 Age at Entry: 18                                   Years Contracted: 4

 Education Level: 12                                 AFQT: 38

 Highest Rate: AA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF                                    Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: None

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

GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-146, formerly 3630620.

 Chronological Listing of Significant Service Events :

991005:  NJP for violation of UCMJ, Article 112A: Wrongful use, possession, of controlled substances.
         Award: Forfeiture of $479 per month for 2 months, restriction for 60 days, reduction to AR. No indication of appeal in the record.
991231:  DD Form 214: Applicant discharged general (under honorable conditions) by reason of misconduct due to drug abuse (use), Article 1910-146.

 Discharge package missing from service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19991231 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).

Issue 1. The Applicant states she is active in her community, has graduated from the police academy and speaks with youth on walking the right path.

The Board recognizes the Applicant has made significant steps forward in establishing her reputation as a productive and valuable member of her community. She has completed the rigorous requirements and graduated from the police academy and wants to broaden her career in law enforcement. But because of the seriousness of the Applicant’s misconduct and the short time that has elapsed since her discharge current achievements are not enough to warrant recharacterization of her discharge.

 Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question. No errors or inequities were discovered in the execution of the Applicant’s discharge. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge. However, 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 the civilian life subsequent to leaving the service. Outstanding post-service conduct, 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 can be considered. Examples of documentation to forward to the Board for consideration of post-service accomplishments include proof of educational pursuits, verifiable employment record(s), documentation of community service, certification of non-involvement with civil authorities, and credible evidence of substance free lifestyle. At this time, the applicant has not provided sufficient documentation for the Board to consider. Therefore, no relief will be granted.
She is reminded that she remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his 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 24, effective 20 May 99 until 26 March 2000, 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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