Search Decisions

Decision Text

NAVY | DRB | 2003_Navy | ND03-00557
Original file (ND03-00557.rtf) Auto-classification: Denied


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

ex-AR, USN
Docket No. ND03-00557

Applicant’s Request
The application for discharge review was received on 20030212. 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 list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040128. 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, authority: NAVMILPERSMAN, Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

“1. My discharge was improper because it was based on drug abuse. I never did use drugs during my time in service. At the time I was going thru a divorce and was young and having a real bad time it. A friend told me that if I admitted to smoking pot the Navy would discharge me. So I admitted to smoking pot when in fact I didn’t, I even passed a urine test. I really regret what I did & wish I had stayed in the service. I was young & dumb & afraid. I am a good person & I don’t drink or do drugs. I really feel like I let myself, my family, & my country down by making that decision. I hope that you will upgrade my discharge & I thank you for taking the time to review it.”
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)     910612 - 910908  COG
         Active: USN                        None

 Period of Service Under Review :
Date of Enlistment: 910909               Date of Discharge: 921223

 Length of Service (years, months, days):

         Active: 01 03 15
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4 (5 months extension)

 Education Level: 12                        AFQT: 57

 Highest Rate: AA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.80 (1)    Behavior: 3.30 (2)                OTA: 3.30

 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 :

921125:  DAAR indicates applicant self disclosed the use of marijuana, found not dependent, recommended for separation not via VA hospital.
921125:  NJP for violation of UCMJ, Article 92: Failure to obey lawful order/regulation, violation of UCMJ, Article 112a: Wrongful use of a controlled substance (self admitted), violation of UCMJ, Article 128: Assault, violation of UCMJ, Article 134: Disorderly conduct, drunkenness.
         Award: Forfeiture of $392.00 pay per month for 2 months, restriction and extra duty for 45 days, reduction to E-1. No indication of appeal in the record.
921125:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of serious offense in violation of Article 92 and 128 of the UCMJ and misconduct due to drug abuse as evidenced by all incidents of drug abuse in your current enlistment.
921125:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
921203:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse.

921215:  BUPERS directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19921223 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: The Applicant contends that he never used drugs and admitted usage for the sole purpose of obtaining a discharge from the Navy. The evidence of record did not show that the Applicant was either not responsible for his conduct or that he should not be held accountable for his actions. The NDRB recognizes that serving in the U.S. Navy is challenging. Our country is fortunate to have men and women willing to endure the hardships and sacrifices required in order to serve their country. Your self-admission to drug use is considered as “wrongful use of a controlled substance” punishable under the UCMJ, Article 112a. The NRDB found that the Applicant’s service was equitably characterized. Relief 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. 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, a positive employment record, a drug-free lifestyle, and certification of community service and non-involvement with civil authorities are examples of verifiable proof that can be submitted.

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


Similar Decisions

  • NAVY | DRB | 1999_Navy | ND99-01177

    Original file (ND99-01177.rtf) Auto-classification: Denied

    The applicant requested a documentary record discharge review. PART I - APPLICANT’S ISSUES AND DOCUMENTATION 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).In response to the applicant’s issue 1, the Board found that the applicant admitted to using drugs and made a voluntary signed statement admitting to drug use since his entry into the service.

  • NAVY | DRB | 1999_Navy | ND99-00701

    Original file (ND99-00701.rtf) Auto-classification: Denied

    Counsel for the respondent intends to submit a letter of deficiencies concerning counsel's exhibit (N). This command has expended significant time and effort on this case and an Other Than Honorable Discharge is most certainly warranted.921113: BUPERS 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...

  • 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 | 1999_Navy | ND99-00711

    Original file (ND99-00711.rtf) Auto-classification: Denied

    920608: 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 920624 under other than honorable conditions for misconduct due to drug abuse (use) (A). 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...

  • NAVY | DRB | 2002_Navy | ND02-00322

    Original file (ND02-00322.rtf) Auto-classification: Denied

    ND02-00322 Applicant’s Request The application for discharge review, received 020128, requested that the characterization of service on the discharge be changed to honorable. The Naval Discharge Review Board (NDRB) also advised that the board first conducts a documentary review prior to any personal appearance hearing. CA action 970911: Approved finding and sentence.970911: Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of...

  • NAVY | DRB | 2001_Navy | ND01-00463

    Original file (ND01-00463.rtf) Auto-classification: Denied

    Please consider my good service record & work while in service on the USS John King DD G-3. Chronological Listing of Significant Service Events :860627: NJP for violation of UCMJ, Article 92: Derelict in the performance of duties by failing to make his proper rounds on 23Jun86. SNM will be processed for admin discharge.860904: Applicant notified of intended recommendation for discharge under Other Than Honorable conditions by reason of misconduct due to Drug abuse and Obesity/weight...

  • NAVY | DRB | 2001_Navy | ND01-01055

    Original file (ND01-01055.rtf) Auto-classification: Denied

    The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620. 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 None Inactive: USNR (DEP) 870130 - 870224 COG Period of Service Under Review :Date of Enlistment: 870225 Date of...

  • NAVY | DRB | 2001_Navy | ND01-00850

    Original file (ND01-00850.rtf) Auto-classification: Denied

    ND01-00850 Applicant’s Request The application for discharge review, received 010612, requested that the characterization of service on the discharge be changed to honorable or general/under honorable conditions. 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 900319 - 940318 HON Inactive: USNR...

  • NAVY | DRB | 2002_Navy | ND02-00588

    Original file (ND02-00588.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION Issue 2: Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question. 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:

  • NAVY | DRB | 2000_Navy | ND00-00706

    Original file (ND00-00706.rtf) Auto-classification: Denied

    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).The applicant’s issue states: “I request the Board to review my O.T.H in 1987 in light of my supporting letter s and previous service time (82-86 Honorable). My discharge in 1987 was based on a non-reoccurring incident and since I've become a hard working church going individual.” The NDRB considered the applicant’s...