Search Decisions

Decision Text

NAVY | DRB | 2003_Navy | ND03-00229
Original file (ND03-00229.rtf) Auto-classification: Denied


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

ex-ENFA, USN
Docket No. ND03-00229

Applicant’s Request
The application for discharge review was received on 20021122. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests 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 20040408. 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 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

1. “I was discharged from the U.S. Navy under other than honorable conditions due to the use of drugs. On the other hand, I never tested positive for any drugs.

Also, I do not have any copies of my military history. My commanding officer honored me to write this letter upon dismissal of my military duty. My mother was dieing and died during my punishment on board the USS COMSTOCK LSD-45 in which I explained to my chain of command. While I was making departure of the ship my commanding officer informed me about this document with all due respect, I appreciate all consideration and cooperation.

I would also like it to be know that I am presently working, and pursuing a career in the medical field, and leading a productive life in society which does not include drugs.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     930323 - 930912  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 930913               Date of Discharge: 960523

 Length of Service (years, months, days):

         Active: 02 08 11
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 35

 Highest Rate: ENFN

 Final Enlisted Performance Evaluation Averages (number of marks):
Performance: 3.87 (3)    Behavior: 3.80 (3)                OTA: 3.70

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SASM, SSDR, BER

 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 3630620.

 Chronological Listing of Significant Service Events :

960509:  NJP for violation of UCMJ, Article 112A (2 specs): Wrongful use of a controlled substance, LSD and ecstasy.
         Award: Restriction and extra duty for 45 days, reduction to ENFA. No indication of appeal in the record.
960510:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by nonjudicial punishment of 960509 for violation of Article 112A of the Uniform Code of Military Justice.
960510:  Applicant advised of 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.
960512:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

960520:  Substance Abuse Dependency Screen, Medical Dept, USS COMSTOCK: Referred by legal officer. Drug – LSD and ecstasy (MDMA).
         History: 21 year old white male admits to using LSD and ecstasy only one time each Feb, Mar 96. History of marijuana use prior to enlistment. No abuse or dependency – recreational use, no treatment needed.

960522:  BUPERS 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 19960523 under other than honorable conditions for misconduct due to drug abuse (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: In the Applicant’s case, the Board could discern no impropriety or inequity and therefore determined the Applicant’s discharge proper and equitable. The evidence, by the Applicant’s own admission that he used illegal drugs, supports the discharge action. Mandatory processing for separation is required for sailors who abuse illegal drugs and separation under these conditions generally results in characterization of service under other than honorable conditions. The Applicant’s allegation, that he “never tested positive for any drugs,” does not refute the presumption of regularity in this case or his own admission of drug use. The record lacks evidence that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions. The Applicant’s summary of service clearly reflects the Applicant ’ s disobedience of the orders and directives that regulate good order and discipline in the naval service, and demonstrated he was unsuitable for further service. An upgrade to an honorable would be inappropriate. Relief denied.
The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge. The Applicant can provide documentation to support any claims of post-service accomplishments or any other evidence related to his discharge 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 15560C), Change 9/94, effective
22 Jul 94 until 02 Oct 96, 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

Similar Decisions

  • NAVY | DRB | 2002_Navy | ND02-01266

    Original file (ND02-01266.rtf) Auto-classification: Denied

    ND02-01266 Applicant’s Request The application for discharge review, received 020904, requested that the characterization of service on the discharge be changed to general/under honorable conditions. That day (graduation) was the third best day of my life. Relief is therefore denied.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 civilian life, subsequent to leaving the service.

  • NAVY | DRB | 2000_Navy | ND00-00744

    Original file (ND00-00744.rtf) Auto-classification: Denied

    The applicant requested a documentary record discharge review. (Equity Issue) As the documentary evidence of record supports, this former member opines that his post-service conduct has been sufficiently creditable to warrant the Board's clemency relief as authorized under provisions of SECNAVINST 5420.174C, enclosure (1), paragraph 9.3. No indication of appeal in the record.921008: Applicant notified of intended recommendation for discharge under other than honorable conditions by reason...

  • NAVY | DRB | 2001_Navy | ND01-00403

    Original file (ND01-00403.rtf) Auto-classification: Denied

    ND01-00403 Applicant’s Request The application for discharge review, received 010212, requested that the characterization of service on the discharge be changed to honorable or general/under honorable conditions. In the applicant’s issue 1, the applicant has not provided any documentation of good character and conduct. 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...

  • NAVY | DRB | 2000_Navy | ND00-00724

    Original file (ND00-00724.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION There is no requirement or law that grants recharacterization based solely on the issue of obtaining veteran’s benefits. At this time, the applicant has not provided any post service documentation of good character and conduct.

  • NAVY | DRB | 2000_Navy | ND00-00821

    Original file (ND00-00821.rtf) Auto-classification: Denied

    I have been drug free all my life and because of 2 uses of LSD, I earned a OTH discharge for life. found in service record. I have been drug free all my life and because of 2 uses of LSD, I earned a OTH discharge for life.

  • NAVY | DRB | 2001_Navy | ND01-00460

    Original file (ND01-00460.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-ADAN, USN Docket No. ND01-00460 Applicant’s Request The application for discharge review, received 010301, 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, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service...

  • NAVY | DRB | 2000_Navy | ND00-00170

    Original file (ND00-00170.rtf) Auto-classification: Denied

    I have reviewed my service record and there is no indication of a positive result on a drug test. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 970624 under other than honorable conditions for misconduct due to drug abuse (use) (A). 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...

  • NAVY | DRB | 2001_Navy | ND01-00103

    Original file (ND01-00103.rtf) Auto-classification: Denied

    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): Active: USN 890616 - 910627 HON Inactive: USNR (DEP) 880621 - 890615 COG Period of Service Under Review :Date of Enlistment: 910628 Date of Discharge: 920603 Length of Service (years, months, days):Active: 00 11 06 Inactive: None After a thorough review of the...

  • NAVY | DRB | 2002_Navy | ND02-01185

    Original file (ND02-01185.rtf) Auto-classification: Denied

    It is recommended that the SNM be separated from the naval service. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 920317 under other than honorable conditions for misconduct due to drug abuse (use) (A). Navy Military Personnel Manual, (NAVPERS 15560C), effective 15 Aug 91 until 04 Mar 93, Article 3630620, SEPARATION OF ENLISTED MEMBERS BY REASON OF MISCONDUCT DUE TO DRUG ABUSE.

  • NAVY | DRB | 2002_Navy | ND02-00714

    Original file (ND02-00714.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Statement from Applicant dated January 27, 2002 Applicant's DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USNR (DEP) 901121 - 910603 COG Active: None Period of Service Under Review :Date of Enlistment: 910604 Date of Discharge: 940318 Length of Service (years, months, days):Active: 02 09...