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NAVY | DRB | 2003_Navy | ND03-00145
Original file (ND03-00145.rtf) Auto-classification: Denied


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

ex-AA, USN
Docket No. ND03-00145

Applicant’s Request
The application for discharge review, received 20021101, 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 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. Sir,

I have recently gotten married. I have been having difficulties in obtaining meaningful employment. I feel one of the biggest reasons I have been turned down is my discharge. I have matured an enormous amount in the past few years. My marriage has opened my eyes to my past mistakes and transgressions. I would very much appreciate it if you could review my case and make a determination to upgrade my discharge. I was young and did not think things through, as if I should have. I have a new life now and would like an opportunity to prove my self to you, society, my new wife, and myself.
Thank you for your consideration. Sincerely

Applicant marked the box "I HAVE LISTED ADDITIONAL ISSUES AS AN ATTACHMENT TO THIS APPLICATION." None were found.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Member 1)
Character reference, undated
Character reference, undated
Character reference, dated September 26, 2002
Character reference, dated August 17, 2002
Character reference from Applicant’s father, dated September 9, 2002
Character reference from Applicant’s brother, dated September 19, 2002
Character reference from Applicant’s brother, dated September 10, 2002
Evaluation Report and Counseling Record for July 16, 1997 to October 16, 1997 (2)
Evaluation Report and Counseling Record for October 17, 1997 to January 13, 1998 (2)
Additional supporting documents received September 24, 2003
 Pre-employment drug screen, dated March 19, 2003
Report of forensic urine drug screen, dated March 18, 2003
Chain of custody form for forensic drug testing, dated March 18, 2003
Job reference, undated

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     960126 - 960415  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 960416               Date of Discharge: 980122

 Length of Service (years, months, days):

         Active: 01 09 08
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

 Education Level: 12                        AFQT: 55

 Highest Rate: AN

 Final Enlisted Performance Evaluation Averages (number of marks):*

 Performance: 3.33 (3)    Behavior: 2.67 (3)                OTA: 2.94

 Military Decorations: None

 Unit/Campaign/Service Awards: AFEM, AFSM, SSDR

 Days of Unauthorized Absence: None

*Extracted from supporting documents furnished by the Applicant.

 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 :

960828:  NJP (violations unknown).
         Award: Forfeiture of $430 per month for 1 month, restriction and extra duty for 30 days. Suspended for 6 months. No indication of appeal in the record.
960829:  Vacate suspended forfeiture of $430 per month for 1 month, restriction and extra duty for 30 days due to subsequent violations of UCMJ.

980113:  NJP: No further information found in service record.

980123:  COMCRUDESGRU directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

Partial discharge package missing from record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19980122 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 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 occurred 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, to enhance employment opportunities, or for 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, employment record, documentation of community service, certification of non-involvement with civil authorities and credible evidence of a substance free lifestyle, are examples of verifiable documentation that should have been provided to receive consideration for relief, based on post-service conduct. The Applicant’s evidence of post-service conduct was found not to mitigate the offense for which he was discharged. 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 . The Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective 12 Dec 97 to 19 May 99, 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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