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NAVY | DRB | 2003_Navy | ND03-00140
Original file (ND03-00140.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND03-00140

Applicant’s Request
The application for discharge review, received 20021029, requested that the characterization of service on the discharge be changed to entry level separation/uncharacterized. 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 20030926. 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. Two whom it may concern:

 Hello sir. My name is (Applicant). Formerly known as "SA (Applicant)", of the United States Naval ship, the USS Caff (FFG 52), out of Norfolk, V.A. I was dishonorably discharged from the United States Navy this past February for misconduct. I was hoping and respectfully requesting for you to change my re-entry code so that I may re-enlist in one of the four military branches. Despite my previous record and occurrences in the United States Navy I do love and cherish my country. I feel an obligation now, more than ever to serve my country. Whether its on a ship in the fleet with the Navy, or in the air flying with the Airforce, on the grounds standing tall with the Army, on the front lines with the Marines, it doesn't matter to me. As long as I can serve my country. . Sir, have you ever been asked to " Die for your country?" I was. And I said no. I said no not knowing what i was gonna be dying for. I said "Why die for people who don't care?" What’s the honor in that? Is there any honor in that? For the past five or six months I have done a bit of traveling... Traveling to find out is or is this country not worth dying for. There are actually some people out there who care. Who sat me down and talked to me, and made me care, and who made my answer change. And now, I would die for my country, for your country, and for any American that cannot fight for their country, and for every American that believes in their country. And I would do so not because of a uniform, nor obligation, but for my newly found pride and undying love for this country. I would die as proud as possible. I would now die honoring and protecting the land my ancestors defended and cared so much about. In this letter, I enclose my most deepest apologies for my previous doings. Sir, I respectfully request a second chance. A second chance to prove to you, my family, the world and myself how much I love this country, my home.
Thank you for reading my letter, I know you are a very busy person, and your time is important.
Sincerely Yours,
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)     20000831 – 20010325      COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 20010326             Date of Discharge: 20020211

 Length of Service (years, months, days):

         Active: 00 10 16
         Inactive: None

 Age at Entry: 17                          Years Contracted: 4

 Education Level: 9                         AFQT: 47

 Highest Rate: SR

 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):

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-146, formerly 3630620.

 Chronological Listing of Significant Service Events :

020211:  DD Form 214: Applicant discharged under other than honorable conditions by reason of misconduct due to drug abuse (use), authority: NAVMILPERSMAN, Article 1910-146.

Discharge package missing service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20020211 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. The Applicant states that he has a newly found pride and undying love for his country and wants to reenlist to serve his country. The Applicant request that his discharge be changed to Entry Level Separation/Uncharacterized (ELS/Uncharacterized).

The Applicant served 10 months consecutive on active duty and does not qualify for an ELS/Uncharacterized discharge. To qualify for an ELS discharge the member must not have served more than 180 consecutive days (6 months) on active duty. In regards to the Applicant’s new found pride and desire to reenlist, the Applicant will have to contact the nearest recruiting office to determine his eligibility for reenlistment.

 Normally, to permit relief, an error or inequity must have occurred during the execution of the discharge for the period of enlistment in question. No errors or inequities were discovered during the execution of this 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 include proof of educational pursuits, verifiable employment record(s), documentation of community service, certification of non-involvement with civil authorities, and credible evidence of a substance free lifestyle (if appropriate). At this time, the applicant has not provided any documentation for the Board to consider. Therefore, no relief will be granted.
He 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. The applicant can provide additional documentation to support any claims of post-service

Pertinent Regulation/Law (at time of discharge)

 A . The Naval Military Personnel Manual, (NAVPERS 15560C), Change 33, effective 16 Jul 2001 until 21 Aug 2002, 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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