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NAVY | DRB | 2003_Navy | ND03-00602
Original file (ND03-00602.rtf) Auto-classification: Denied


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

ex-ABEAA, USN
Docket No. ND03-00602

Applicant’s Request
The application for discharge review was received on 20030227. 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 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, authority: NAVMILPERSMAN, Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

1. “I feel my discharge was fair but would like to have it reviewed based on explanations I have provided in the enclosed letter.

Please notify me if there is any additional documentation needed.

 To Whom it May Concern,                                               October 18, 2002

I am writing to you with hope that you will consider changing my Navy discharge from Other-than-Honorable to an Honorable discharge. I was told that in some cases, the Navy will grant requests of this nature, and I hope that you will strongly consider my plea.
I was given an O.T.H. discharge in 1994 after pleading guilty to a charge of purchasing and using narcotics while off duty. Some time later I went before the Captain, plead guilty, and I was discharged. The purpose of this letter is not to make excuses, or to say that I was treated unfairly. On the contrary, some eight years later I have come to believe that what happened, needed to happen. The consequences of my actions have left a lasting Impression on me, as you will surely see in this letter. I am sorry for what I did, and I wish I could go back and change those mistakes. I hope you will see in this letter that I have done everything I could to alter my future, because I could not change my past. Since being discharged from the Navy I have changed a great many things about my lifestyle. I enrolled in Community college after being discharged, and five years later I received a Bachelors Degree in English from Northern Michigan University. I recently finished working on a Professional Teaching Certificate, and last year I became an Elementary School Teacher and taught fifth grade. Currently I am working as a third grade teacher at the same school. Perhaps my greatest accomplishment came about a year before I became a teacher. To most people, I’m afraid, this might not seem like much of an accomplishment at all. For someone like me it’s a miracle. Almost three and a half years ago, I finally admitted to myself that I had a problem with alcohol and drugs. Essentially, I turned my entire life over to the program of Alcoholics Anonymous and I have not had a drink or drug since July 14, 1999. Today I am extremely active in this program of recovery. I work with other alcoholics on a daily basis, I am currently sponsoring a new member to the program, and I am working with a native American group in our community that has been struggling with alcohol problems for quite some time. My life is nothing like it used to be, and for that reason it is not necessary for you to change my discharge. However, in most cases, “time heals all wounds,” but time will not take away this last issue that I am writing to you in regards to today. I guess the main reason I hope you will consider changing my discharge is so that I. may continue to move forward without having to deal with this final black mark of my past that I carry with me, and so that I might again have that self respect back that I lost when I acted in an other than honorable way. Thank you for your consideration.

Sincerely,
B_ R_ B_

I hereby swear that all the information contained in this letter is absolutely true.
B_ R_ B_ 10/18/02”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Bachelor of Science Diploma, dated May 4, 1996
Picture
Character reference, dated April 21, 1999
Character reference, dated April 6, 1999
Character reference, dated September 1, 1998
Applicant’s DD Form 214 (Member 1 and 4)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     910816 - 920713  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 920714                        Date of Discharge: 940701

 Length of Service (years, months, days):

         Active: 01 11 18
         Inactive: None

 Age at Entry: 17 Parental Consent                Years Contracted: 4

 Education Level: 12                                 AFQT: 42

 Highest Rate: ABEAN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.40 (2)                      Behavior: 2.40 (2)                OTA: 2.40

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SASM with Bronze Star, AFEM, BEA

 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 :

940513:  NJP for violation of UCMJ, Article 112A: Wrongful use of LSD on 940212.
         Award: Forfeiture of $466 per month for 2 months, restriction and extra duty for 45 days, reduction to ABEAA. No indication of appeal in the record.
940518:  Medical evaluation for drug abuse found the Applicant to be a drug abuser, not drug dependent.

940517:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
940517:  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.

940613:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

940621:  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 19940701 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’s service record is marred by award of nonjudicial punishment (NJP) for illegal drug use, thus substantiating the misconduct for which he was separated. 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 evidence of record does not demonstrate that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions. Relief denied.

The following is provided for the edification of the Applicant. 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, and certification of non-involvement with civil authorities. At this time, the Applicant has not provided sufficient documentation for the Board to consider. Therefore, no relief will be granted.

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 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 5/93, effective
05 Mar 93 until 21 Jul 94, 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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