Search Decisions

Decision Text

NAVY | DRB | 2003_Navy | ND03-00610
Original file (ND03-00610.rtf) Auto-classification: Denied


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

ex-SK3, USN
Docket No. ND03-00610

Applicant’s Request
The application for discharge review was received on 20030213. 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, 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:

“1. My discharge was improper because it was based on one isolated incident in 4 years of service. My case was pushed through and I was not given time to prepare a case. The reason for this I believe is my separation date was within 1 month of this incident. I am seeking further employment and because of my discharge it is difficult. If my discharge was changed to General/Under Honorable Conditions a employer would take greater thought of employing me. If the issue of my benefits before my discharge could be reinstated by the board or considered, so that I my seek higher education. Thank you.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     980715 - 980927  COG
         Active: USN                        None

 Period of Service Under Review :
Date of Enlistment: 980928               Date of Discharge: 020719

 Length of Service (years, months, days):

         Active: 03 09 22
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 51

 Highest Rate: SK3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.66 (3)    Behavior: 2.66 (3)                OTA: 2.87

 Military Decorations: None

 Unit/Campaign/Service Awards: GCA(2), NDSM, OSR, AFEM, M-16 Rifle Expert, 9MM Pistol Expert

 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 :

020610:  NAVDRUGLAB [San Diego, CA], reported Applicant’s urine sample, received 020604, tested positive for cocaine.

020612:  Statement from MA3 (SW) D_ D. N_, stating that during an interview process with JAG and SK3 G_, that SK3 G_ confessed that on Friday, 31 May 2002 he and some friends from high school in Imperial Beach, CA used cocaine.

020624:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
020624:  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.

020709:  Commander, Naval Special Warfare Command authorized the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse.
020918:  Commanding Officer recommended 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 20020719 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. There is credible evidence in the record that the Applicant used illegal drugs. Even one instance of drug abuse warranted processing for separation. Separation under these conditions generally results in characterization of service under other than honorable conditions. The Board found no indication that the Applicant was inequitably or improperly denied any rights regarding his administrative separation. Relief denied.
The Veterans Administration determines eligibility for post-service benefits, not the NDRB. There is no requirement or law that grants recharacterization solely on the issue of obtaining veterans’ benefits and this issue does not serve to provide a foundation upon which the Board can grant relief.

The Applicant’s discharge characterization accurately reflects his service to his country. Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question. No such error or inequity is evident during the Applicant’s enlistment. Additionally, there is no law, or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time, to enhance employment opportunities, or for good conduct in civilian life, subsequent to leaving the service. Relief not warranted.

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. 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 33, effective 16 Jul 2001 until 21 Aug 2002, 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 | 2004_Navy | ND04-00421

    Original file (ND04-00421.rtf) Auto-classification: Denied

    ND04-00421 Applicant’s Request The application for discharge review was received on 20040114. The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. Mandatory processing for separation is required for sailors who abuse illegal drugs.

  • NAVY | DRB | 2004_Navy | ND04-00030

    Original file (ND04-00030.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-FA, USN Docket No. ND04-00030 Applicant’s Request The application for discharge review was received on 20031001. 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) 010917 -...

  • NAVY | DRB | 2002_Navy | ND02-00910

    Original file (ND02-00910.rtf) Auto-classification: Denied

    Decision A documentary discharge review was conducted in Washington, D.C. on 030311. 970929: 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, recommended Applicant be separated (suspended for 12 months), and recommended discharge under other than honorable conditions. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged...

  • NAVY | DRB | 2001_Navy | ND01-01196

    Original file (ND01-01196.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-CMCR, USN Docket No. ND01-01196 Applicant’s Request The application for discharge review, received 010920, requested that the characterization of service on the discharge be changed to general/under honorable conditions. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Personal Reference ltr from EMCS(SW) S.E.

  • NAVY | DRB | 2002_Navy | ND02-01333

    Original file (ND02-01333.rtf) Auto-classification: Denied

    ND02-01333 Applicant’s Request The application for discharge review, received 20020918, requested that the characterization of service on the discharge be changed to general/under honorable conditions. Despite the positive aspects of the Applicant’s service, drug abuse warranted processing for separation, normally under other than honorable conditions. There is no requirement or law that grants recharacterization solely on the issue of obtaining veterans’ benefits and this issue does not...

  • NAVY | DRB | 2003_Navy | ND03-01442

    Original file (ND03-01442.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. ” Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 (Member 4) (2) Nine pages from Applicant’s service record 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...

  • NAVY | DRB | 2003_Navy | ND03-00194

    Original file (ND03-00194.rtf) Auto-classification: Denied

    ND03-00194 Applicant’s Request The application for discharge review, received 20021115, requested that the characterization of service on the discharge be changed to general/under honorable conditions. In the acknowledgement letter to the Applicant, he was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing. “Respectfully requesting my current Discharge to be Reviewed and upgraded to a (GEN) Under Honorable Conditions.

  • NAVY | DRB | 2003_Navy | ND03-00539

    Original file (ND03-00539.rtf) Auto-classification: Denied

    No further information in service record. 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. 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.

  • NAVY | DRB | 2003_Navy | ND03-01339

    Original file (ND03-01339.rtf) Auto-classification: Denied

    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. After a review of the Former Service Members (FSM) DD Form 293 Application for the Review of Discharge or Dismissal from the Armed Forces of the United States and all of evidence assembled for review, we continue to note the contention of the appellant in his request for a discharge upgrade of his current General,...

  • NAVY | DRB | 2003_Navy | ND03-00845

    Original file (ND03-00845.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing. No indication of appeal in the record.010806: Punishment of 45 days restriction and 45 days extra duty previously suspended at CO’s NJP of 010405 vacated due to continued...