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NAVY | DRB | 2003_Navy | ND03-00343
Original file (ND03-00343.rtf) Auto-classification: Denied


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

ex-SR, USNR(TAR)
Docket No. ND03-00343

Applicant’s Request
The application for discharge review was received on 20021227. The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. The Applicant requests a documentary record discharge review. The Applicant did not designate a 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 – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated
Applicant’s issues, as stated on the application:

1. “I, HAVE NO ISSUE TO SUBMIT TO THE BOARD, OTHER THAN THE STATEMENT, I HAVE PREPARAED ON AN ADDITONAL STATEMENT THAT IS ENCLOSED WITH MY APPLCIATION. I WOULD HOPE THAT YOU WILL READ MY LETTER. AND TAKE INTO CONSIDERATION OF SERIOUSNESS OF MY PROBLEM. THANK YOU AND GOD BLESS.”

“Dear Sir or Madam:

I have changed my life entirely since my enlistment in the military, and in retrospect regret my immaturity and irresponsible behavior that led to this situation. I have been changed and saved by my lord and savior Jesus Christ. Through my involvement in the church and my relationship with Christ I have been able to become a more disciplined and stable person.

Unfortunately, I have found it increasingly difficult to maintain gainful employment. I believe that my “Other than honorable discharge” from the military may be a contributing factor. I have a wife and a 14 year old daughter who are my entire life and my inability to support them is a strain on my family and me personally as a Christian man.

I would ask that you give this Application for Correction serious consideration. If you require any additional information or references I would be happy to provide you with the same.

Thank you in advance for your consideration.

Sincerely, (Signed by the Applicant)”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s Travel Certificate Separation Without Orders (NAVPERS 4650/22) dtd
         9 Nov 91
BCNR’s ltr to Applicant dtd Nov 29, 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: 900717               Date of Discharge: 911115

 Length of Service (years, months, days):

         Active: 01 01 19
         Inactive: 00 02 10

 Age at Entry: 24                          Years Contracted: 8

 Education Level: 12                        AFQT: 36

 Highest Rate: SA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.8 (1)     Behavior: 2.0 (1)                 OTA: 2.8

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: None

 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 :

900927:  Commenced 24 months active duty in the Seaman Apprenticeship Program.




910804:  NJP for violation of UCMJ, Article 112a: Wrongful use of a controlled substance on 91JUL29, to wit: Cocaine.
Award: Forfeiture of $376.95 per month for 2 months, restriction and extra duty for 45 days, reduction to E-1. No indication of appeal in the record.

 910904:  Naval Station Branch Clinic, San Diego: Referred by DAPA to determine member’s drug or alcohol dependency and primary drug or abuse and level of treatment. Member tested positive cocaine. Drug amount used – alcohol/cocaine, using more than intended – one time. Seaman states this was a first time use of cocaine. States that he drank too much that evening because of personal problems, and used the cocaine when he “wasn’t thinking straight.” No other incidents noted.
Assessment: Substance abuse
Plan: Level II program (2 wks, outpatient).
910917:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by your incident of drug abuse on 29 July 1991 in your current enlistment.
910917:  Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
911002:  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 by vote of 2 to 1 recommended discharge under other than honorable conditions.

911011:  Commanding Officer, USS HEPBURN, submitted the administrative discharge processing and board proceedings to Commander, Naval Military Personnel Command (CNMPC).

911018:  Commanding Officer, USS HEPBURN, forwarded the Letter of Deficiency to CNMPC, indicating that the board ruled properly and justly in this case and that SR D_ (Applicant) should be discharged with an other than honorable discharge.

911106:  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 19911115 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. Obtaining better employment are not grounds for which the Board will grant relief. 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. Relief denied.
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. 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.

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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