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NAVY | DRB | 2003_Navy | ND03-00174
Original file (ND03-00174.rtf) Auto-classification: Denied


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

ex-STGSR, USNR
Docket No. ND03-00174


Applicant’s Request
The application for discharge review, received 20021105, 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. In the acknowledgement letter the applicant was informed that he was approaching the 15 year point for review by this Board and was encouraged to attend a personal appearance hearing in the Washington, D. C. area. The applicant did not respond.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20031003. 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 – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.
PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

1. “I am applying for an upgrade in my service record from “Under other than honorable conditions” to “General discharge. My civilian record has been outstanding. I’ve been gainfully employed for the ten years since I’ve been out of the Navy. I am in the process of trying to purchase my grandparent’s home. They both passed away last year. I am applying to the Veterans Administration for a home loan of $51,000. The VA will consider the loan request if I can obtain an upgrade in my service record.
I have been working with the Stage Union (I.A.T.S.E.) for the last three years and wish to start a family. I have a job that I love and want to make an investment and purchase the home that I love and grew up in. I have never been in trouble and you will find an outstanding civilian record. I never have had any credit because I always pay in cash. I would appreciate this upgrade in my service record to enable my ability to purchase the house. I respectfully request the board to consider this application of an upgrade. Thank you for time in this matter.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Member 1)
Police record check dated November 27, 2002

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: None
         Active: None

 Period of Service Under Review :
Date of Enlistment: 19871031                      Date of Discharge: 19891120

 Length of Service (years, months, days):

         Active: 01 08 29
         Inactive: 00 03 20

 Age at Entry: 17 Parental Consent                Years Contracted: 8

 Education Level: 11                        AFQT: 84

 Highest Rate: STGSA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.10 (2)    Behavior: 2.10 (2)                OTA: 2.10

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: 34

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.

 Chronological Listing of Significant Service Events :

880222:  Applicant ordered to active duty for 36 months under the Active Mariner Program.
880223:  Applicant briefed on Navy's policy of drug and alcohol abuse.
880401:  Drug and Alcohol Abuse Report: Marijuana abuse, less than monthly, Mar88, ashore off duty. Service directed urinalysis Mar88. Commanding Officer recommended retention. Comments: Mbr has potential for naval service. Positive entry level urinalysis for THC. Issued page 13. Will undergo mandatory urinalysis once a month during pre-accession trng IAW OPNAVINST 5350.5A.

890613:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 890419 to 890522 (34 days/surrendered), violation of UCMJ, Article 87: Missing movement.
         Award: Forfeiture of $391.80 per month for 1 month, extra duty for 45 days, reduction to STGSR. Reduction suspended for 6 months. No indication of appeal in the record.
891017:  NJP for violation of UCMJ, Article 112A: Wrongful use of a controlled substance during the month of September 1989.
         Award: Forfeiture of $349 per month for 2 months, restriction and extra duty for 45 days. No indication of appeal in the record.
891023:  Drug and Alcohol Abuse Report: Marijuana abuse. Random urinalysis 891017. Physician found the Applicant not dependent. Commanding Officer recommended separate. Comments: SR (Applicant) has been attached to USS BELKNAP for one year and one month. Since reporting aboard he has demonstrated substandard performance consistently. He has been punished at Commanding Officer’s NJP on 13 Jun 89 for unauthorized absence and on 17 Oct 89 for substance abuse. He does not possess the potential for continued Naval Service.

891023:  Medical evaluation for drug abuse found the Applicant to be a mixed substance abuser. Recommend Level II treatment if eligible.
891023:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
891023:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.
891027:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

891101:  CNMPC directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19891120 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 an outstanding civilian record, has been employed for ten years, and wants to purchase his grandparents’ home with a VA loan. The VA will consider the loan if he can obtain a discharge upgrade.

The Board has no grounds to upgrade a former service member’s discharge for the purpose of obtaining a home loan. Additionally, the Applicant did not provide any documentary evidence to support his claim that his civilian record is outstanding or that he has been employed for ten years. Based on the information provided, the discharge was proper and equitable. Relief denied.

 The following is provided for the Applicant’s benefit. 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 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 sufficient documentation for the Board to consider. Therefore, no relief will be granted.
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. 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. Navy Military Personnel Manual, (NAVPERS 15560A), Change 6, effective 11 Jan 89 until 13 Jun 90, Article 3630620, SEPARATION OF ENLISTED MEMBERS BY REASON OF MISCONDUCT DUE TO 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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