Search Decisions

Decision Text

NAVY | DRB | 2003_Navy | ND03-00955
Original file (ND03-00955.rtf) Auto-classification: Denied


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

ex-BUCR, USN
Docket No. ND03-00955

Applicant’s Request
The application for discharge review was received on 20030507. 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 20040401. 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 considered 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 inequitable because I am mentally ill. I was released from the Army because of my mental condition, but the Navy signed a waiver for me to enlist even though they were aware of my condition.”

 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: USA                      970609 – 970722  ELS
 USNR (DEP)      000410 - 000412  COG
          Active: None

 Period of Service Under Review :
Date of Enlistment: 000413               Date of Discharge: 010625

 Length of Service (years, months, days):

         Active: 01 02 13
         Inactive: None

 Age at Entry: 32                          Years Contracted: 4

 Education Level: 9                         AFQT: 62

 Highest Rate: BUCN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.00 (1)    Behavior: 1.00 (1)                OTA: 1.67

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: 25

 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 :

010402:  NAVDRUGLAB, Jacksonville, FL, reported Applicant’s urine sample, received 010326, tested positive for THC.

010409:  Applicant to unauthorized absence 0700, 010409.

010503:  Applicant from unauthorized absence 1200, 010503 (25 days/surrendered).

010504:  NJP for violation of UCMJ, Article 86: Absence from unit, organization, or place of duty, violation of UCMJ, Article 108: Damage, destroying or losing military property, violation of UCMJ, Article 112A: Wrongful use of a controlled substance
         Award: Forfeiture of $521 per month for 2 months, restriction and extra duty for 45 days, reduction to BUCR. No indication of appeal in the record.
010514:  NAVDRUGLAB, Jacksonville, FL, reported Applicant’s urine sample, received 010508, tested positive for THC.

010530:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
010530:  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.
010601:  NJP for violation of UCMJ, Article 91: Insubordinate conduct towards a petty officer, violation of UCMJ, Article 92: Failure to obey other lawful order.
Award: Forfeiture of $521 per month for 2 months, restriction and extra duty for 45 days, reduction to BUCR. No indication of appeal in the record.
010604:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

010608:  Commanding Officer, U.S. Naval Station, Roosevelt Roads 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 20010625 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 NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the character of service and/or the reason for discharge if such change is warranted. There is no evidence of impropriety or inequity in the Applicant’s discharge. There is credible evidence in the record that the Applicant used illegal drugs. Mandatory processing for separation is required for sailors who abuse illegal drugs. 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. 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. 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 . The Naval Military Personnel Manual, (NAVPERS 15560C), Change 31, dated 20 Feb 01, effective 12 Feb 2001 until 15 Jul 2001, 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 | 2003_Navy | ND03-00007

    Original file (ND03-00007.rtf) Auto-classification: Denied

    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) 000203 - 000213 COG Active: None Period of Service Under Review :Date of Enlistment: 000214 Date of Discharge: 010531 Length of Service (years, months, days):Active: 01 03 17 Inactive: None At this time, the applicant has not provided any...

  • NAVY | DRB | 2003_Navy | ND03-00308

    Original file (ND03-00308.rtf) Auto-classification: Denied

    The Applicant requests that the characterization of service received at the time of discharge be changed to honorable. 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 did not introduce any decisional issues for the Board’s consideration. Verifiable proof of any post-service accomplishments must be provided in order for the Applicant to claim...

  • NAVY | DRB | 2002_Navy | ND02-00526

    Original file (ND02-00526.rtf) Auto-classification: Denied

    ND02-00526 Applicant’s Request The application for discharge review, received 020320, requested that the characterization of service on the discharge be changed to honorable or general/under honorable conditions. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 010525 under other than honorable conditions for misconduct due to drug abuse (use) (A). You may view DoD Directive 1332.28 and other Decisional Documents by going online at "...

  • NAVY | DRB | 2000_Navy | ND00-01083

    Original file (ND00-01083.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-SA, USNR Docket No. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 990602 under other than honorable conditions for misconduct due to drug abuse (use) (A). 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...

  • NAVY | DRB | 2003_Navy | ND03-01411

    Original file (ND03-01411.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. As the representative, we ask that consideration be given to equitable relief, as this is a matter that involves a determination whether a discharge should be changed under the equity standards, to include any issue upon which the Applicant submits to the Board’s discretionary authority, under SECNAVIST 5420.174C.Under the premises of equitable relief,...

  • NAVY | DRB | 2001_Navy | ND01-00116

    Original file (ND01-00116.rtf) Auto-classification: Denied

    ND01-00116 Applicant’s Request The application for discharge review, received 001031, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to Rentry & Separation Code. After a thorough review of the records, 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, the Board found the applicant implies that a...

  • NAVY | DRB | 2001_Navy | ND01-00072

    Original file (ND01-00072.rtf) Auto-classification: Denied

    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 the applicant’s issue 1, the Board has no obligation to change the applicant’s discharge in order to allow him to go on with his life. At this time, the applicant has not provided any documentation of good character and conduct.

  • NAVY | DRB | 2002_Navy | ND02-00421

    Original file (ND02-00421.rtf) Auto-classification: Denied

    The NDRB also advised that the board first conducts a documentary review prior to any personal appearance hearing. Documentation In addition to the service record (there was no discharge package available for review), the following additional documentation, submitted by the Applicant, was considered: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) 990830 - 990919 COG Active: None Period...

  • NAVY | DRB | 2003_Navy | ND03-00510

    Original file (ND03-00510.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions or entry level separation or uncharacterized. Decision A documentary discharge review was conducted in Washington, D.C. on 20031229. 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...

  • NAVY | DRB | 2003_Navy | ND03-01366

    Original file (ND03-01366.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. The Naval Discharge Review Board (NDRB) also advised that the Board first conducts a documentary review prior to any personal appearance hearing. 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.