Search Decisions

Decision Text

NAVY | DRB | 2003_Navy | ND03-00342
Original file (ND03-00342.rtf) Auto-classification: Denied


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

ex-AA, USN
Docket No. ND03-00342

Applicant’s Request
The application for discharge review was received on 20030203. The Applicant requests the characterization of service received at the time of discharge be changed to honorable or general/under honorable conditions. 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 20031121. 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 stated

 Applicant’s issues, as stated on the application:
“I know after you review my military record you will find that I was not given a fare chance to stay in the military. I wasn’t given counseling or the chance to explain what was going on in my life. At the time of the changes my mother was going through a bad devorce. I was all the way on the other side of the US and it was getting hard for me to deal with that. I informed my CMC of this problem and they did nothing to help me. Instead they to me I was weak and a unfet solder. So I started hanging around the wrong people in the military because they said they understood and at that time I didn’t know better. But know I do! All I ever wanted to do was be in the Navy. I was in R.O.T.C. in high school and commander H_, my instructor had even put a letter of reference for me. Instead of helping me my squaderon VAW-123 sliped me through the cracks and discharged me from the Navy. I was told after two years of being out that I could reenlist back into the military. But my DD 214 reentry code is RE-4 that means I can’t. Please take the time to look over this and help me be able to reenlist back to the Navy.

Thank you
D_ J_ A_

I wish for the board to review my records and change my discharge to honorable and to review my reenlistment code. ”
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)     990106 - 990111  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 990112               Date of Discharge: 000114

 Length of Service (years, months, days):

         Active: 01 00 03
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 38

 Highest Rate: AN

 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 :

991023:  NJP. No further information found in service record. [Date extracted from Award page.]
000114:  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 from service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20000114 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’s issues are without merit. There is credible evidence in the record that the Applicant used illegal drugs. Mandatory processing for separation is required for sailors who abuse illegal drugs. Separation under these conditions generally results in characterization of service under other than honorable conditions. The Applicant’s allegations, that he was denied assistance and counseling for his personal problems, do not refute the presumption of regularity in this case. The record is devoid of evidence that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions. Relief denied.

Concerning a change in reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces. Neither a less than honorable discharge nor an unfavorable “RE” code is, in itself, a bar to reenlistment. A request for waiver is normally done only during the processing of a formal application for enlistment through a recruiter.

 The following is provided for the edification of the Applicant. Normally, to permit relief, a procedural error or inequity must have occurred during the discharge process for the period of enlistment in question. The Board discovered no such errors after a review of Applicant’s case. 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 naval service. The NDRB is authorized, however, to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review. Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, certification of non-involvement with civil authorities, and credible evidence of a substance free lifestyle (if appropriate).

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 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

Similar Decisions

  • NAVY | DRB | 2002_Navy | ND02-01334

    Original file (ND02-01334.rtf) Auto-classification: Denied

    ND02-01334 Applicant’s Request The application for discharge review, received 20020920, requested that the characterization of service on the discharge be changed to general/under honorable conditions. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no inequity in the characterization of the Applicant’s service was discovered by the NDRB. Due to this impropriety, the Board voted to upgrade the Applicant’s discharge, as warranted...

  • NAVY | DRB | 2003_Navy | ND03-00140

    Original file (ND03-00140.rtf) Auto-classification: Denied

    My name is (Applicant). Sir, have you ever been asked to " Die for your country?" At this time, the applicant has not provided any documentation for the Board to consider.

  • NAVY | DRB | 2002_Navy | ND02-00628

    Original file (ND02-00628.rtf) Auto-classification: Denied

    I was 17 when I joined the Navy, 18 when I was discharged, and I am now 21 years old. No indication of appeal in the record.990319: 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 from service record. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 990319 under other than honorable conditions...

  • NAVY | DRB | 2002_Navy | ND02-00543

    Original file (ND02-00543.rtf) Auto-classification: Denied

    I admit, at that time, I had difficulty discerning between the immediate welfare of my families needs and the risk of my methods to my Navy career.4. The Applicant’s drug abuse did not necessarily require rehabilitation or corrective actions on his part prior to separation. 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.

  • NAVY | DRB | 2002_Navy | ND02-00583

    Original file (ND02-00583.rtf) Auto-classification: Denied

    The Applicant requested a documentary record discharge review. My reason(s) for submitting this letter to Naval Council of Personnel Boards is to first, thank you for allowing me to voice an apology to the United States Military. A request for waiver is normally done only during the processing of a formal application for enlistment through a recruiter.

  • NAVY | DRB | 2000_Navy | ND00-00412

    Original file (ND00-00412.rtf) Auto-classification: Denied

    ND00-00412 Applicant’s Request The application for discharge review, received 000210, requested that the characterization of service on the discharge be changed to general/under honorable conditions. I ask please grant me this upgrade so that I can get a good job and take care of my family. At this time, the applicant has not provided any documentation of good character and conduct.

  • NAVY | DRB | 2003_Navy | ND03-00414

    Original file (ND03-00414.rtf) Auto-classification: Denied

    ND03-00414 Applicant’s Request The application for discharge review was received on 20030116. The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions and the re-entry code be changed from RE-4 to RE-3. I was discharged with an other than honorable discharge, the reason for that was that I tested positive for drugs.

  • NAVY | DRB | 2001_Navy | ND01-00949

    Original file (ND01-00949.rtf) Auto-classification: Denied

    Naval Activities, Spain directed the applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use). 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. 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...

  • NAVY | DRB | 1999_Navy | ND99-01254

    Original file (ND99-01254.rtf) Auto-classification: Denied

    980715: An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had committed misconduct due to drug abuse, that the misconduct warranted separation, and recommended discharge under other than honorable conditions. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 980814 under other than honorable conditions for misconduct due to drug abuse (use) (A). After a...

  • NAVY | DRB | 2004_Navy | ND04-01188

    Original file (ND04-01188.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions and the reason for the discharge be changed to “not drug related-reentry code chg.” The Applicant requests a documentary record review. I am a better person than that; however, I realize my actions say otherwise. The summary of service clearly documents the Applicant’s misconduct, and was the reason for his discharge.