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NAVY | DRB | 2003_Navy | ND03-00802
Original file (ND03-00802.rtf) Auto-classification: Denied


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

ex-ENFR, USN
Docket No. ND03-00802

Applicant’s Request
The application for discharge review was received on 20030403. The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. The Applicant requests a personal appearance discharge review before a traveling panel closest to Chicago, Illinois. The Applicant did not list any representative on the DD Form 293. . In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) does not travel; all hearings are held in the Washington DC area. The NDRB also advised that the board first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040303. 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/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-140 (formerly 3630600).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

1. “The discharge I received was based upon my drug use. My recruiter was fully aware of me being chemically dependent upon drugs & alcohol and because of this I believe that I was “fraudulently enlisted”. Since my discharge I have been drug free, and I am realizing what I did when I was in the Navy is keeping me from doing what I would like to do in life. I am 19 years old I deserve a fair chance my discharge is “not allowing my fair chance””

 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)     010801 - 010916  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 010917               Date of Discharge: 020502

 Length of Service (years, months, days):

         Active: 00 07 16
         Inactive: None

 Age at Entry: 17                          Years Contracted: 4

 Education Level: 10                        AFQT: 55

 Highest Rate: FA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMA*                 Behavior: NMA             OTA: NMA

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: None

* No Marks Available for review

 Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER OTHER THAN HONORABLE CONDITIONS/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-140 (formerly 3630600).

 Chronological Listing of Significant Service Events :

020227:  NJP for violation of UCMJ, Article 86 (2 specs): (1) Absent from organization on 0700, 020216 - 2256, 020218 (2 days/surrendered), (2) Fail to go to appointed place of duty on 020219, to wit: barracks sweep of urinalysis, violation of UCMJ, Article 92: Fail to obey lawful order, to wit: NTCGLAKESINST 1700.1E, dated 990212 by drinking alcoholic beverages while under the age of 21.
         Award: Forfeiture of $240 per month for 1 month, restriction and extra duty for 14 days. No indication of appeal in the record.
020227:  Retention Warning: Advised of deficiency (Poor military performance, to wit: unauthorized absence, failure to go to appointed place of duty and underage drinking.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
        
020227:  ARD evaluation: Alcohol dependence, early partial remission. Recommendations: Intensive outpatient program at ARD.

020308:  NJP for violation of UCMJ, Article 86: Absent from organization on 2240, 020302 to 0552, 020303, violation of UCMJ, Article 92: Fail to obey lawful order, to wit: SERVSCOLCOMGLAKESINST 5800.3A, by wearing civilian clothes while in a restricted status, violation of UCMJ, Article 112A (3 specs): (1) Wrongfully use a controlled substance on 020115, to wit: Ecstasy, (2) Wrongfully use a controlled substance on 020122, to wit: Ecstasy, (3) Wrongfully use a controlled substance on 020216, to wit: Ecstasy, violation of UCMJ, Article 134: Break restriction on 020302.
         Award: Forfeiture of $552 per month for 0 month(s), restriction and extra duty for 45 days, reduction to E-X. No indication of appeal in the record.
020312:  Applicant accepted outpatient treatment, Level II.

 020405:  NJP for violation of UCMJ, Article 112A: Wrongful use of a controlled substance on 020321, to wit: marijuana.
         Award: Restriction and extra duty for 30 days. No indication of appeal in the record.
020409:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct, misconduct due to commission of a serious offense, and misconduct due to drug abuse.
020409:  Applicant advised of 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.

020423:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct, misconduct due to commission of a serious offense and misconduct due to drug abuse.

020424:  Commander, Naval Training Center, Great Lakes, IL directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20020502 under other than honorable conditions for misconduct due to a pattern of misconduct (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 his recruiter was aware of his being “chemically dependent upon drugs & alcohol” and believes he was “fraudulently enlisted.” Applicant was granted a drug waiver; hence, there was no fraudulent enlistment. Applicant also received substance abuse treatment while in the military service. While he may feel that his substance abuse was the underlying cause of his misconduct, the record clearly reflects his willful misconduct and demonstrated he was unfit for further service. The Applicant’s service record was marred by award of three nonjudicial punishments for unauthorized absence, failure to go to appointed place of duty, failure to obey lawful order and numerous violations of wrongful use of a controlled substance. 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.

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 or any other evidence related to his discharge at that time. Representation at a personal appearance hearing is recommended but not required.

Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective
12 Dec 1997 until 21 Aug 2002, Article 1910-140 (formerly 3630600), SEPARATION BY REASON OF MISCONDUCT - PATTERN OF MISCONDUCT.

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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