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NAVY | DRB | 2003_Navy | ND03-01006
Original file (ND03-01006.rtf) Auto-classification: Denied


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

ex-MMFN, USN
Docket No. ND03-01006

Applicant’s Request
The application for discharge review was received on 20030522. The Applicant requests the characterization of service received at the time of discharge be changed to honorable or general/under honorable conditions. The Applicant requests a documentary record 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 20040415. 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 strongly believe that my discharge should be able to be upgraded based upon reasons of why I did my crime. I understand that my discharge was given because of the standards and regulations with the United States government. I was hanging around the wrong people while still getting over parents death and was not in a right state of mind when doing the drugs. I am now married have left those people behind and have a very stable work and family environment. I love my country and will defend it with my life and have always thought and was raised that way. I would and plead to the board to upgrade my discharge so in my heart and soul can live my life knowing that I am a good American. It is now 2003 I work for Homeland Security to do my part after the 9/11 disaster. I feel like I am doing my part with all of my ability to keep America safe from terrorist plots against my great country of the United States.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Personal reference, dated April 30, 2003
Character reference, undated
Character reference, dated May 5, 2003

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     850912 - 860113  COG
         Active: USN                        860114 - 890913  HON

 Period of Service Under Review :
Date of Enlistment: 890914               Date of Discharge: 940112

 Length of Service (years, months, days):

         Active: 04 03 29
         Inactive: None

 Age at Entry: 22                          Years Contracted: 6

 Education Level: 12                        AFQT: 41

 Highest Rate: MM3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.37 (7)    Behavior: 3.46 (7)                OTA: 3.23

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR (2), NDSM, GCM, AFEM, BER

 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 :

890914:  Applicant reenlisted for 6 years.

931109:  NJP for violation of UCMJ, Article 112A (2 specs): Wrongfully use marijuana and methamphetamine on 930928.
         Award: Forfeiture of $541 per month for 2 months, restriction and extra duty for 45 days, reduction to MMFN. No indication of appeal in the record.
931124:  Drug and Alcohol Abuse Report: Amphetamine abuse, less than monthly, ashore off duty. Random urinalysis 930928. Medical recommended separate from service. Commanding Officer recommended separate. Comments: Member is being administratively separated IAW OPNAVINST 5350 and the Navy’s zero tolerance for drug abuse. He has no potential for further naval service.

931124:  Drug and Alcohol Abuse Report: Marijuana abuse, less than monthly, ashore off duty. Random urinalysis 930928. Not dependent. Medical recommended separate from service. Commanding Officer recommended separate. Comments: Member is being administratively separated IAW OPNAVINST 5350 and the Navy’s zero tolerance for drug abuse. He has no potential for further naval service.

931129:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by your Commanding Officer’s nonjudicial punishment on 931109 for violation of the UCMJ, Article 112A.
931129:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

931212:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

931230:  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 19940112 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. 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.

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 . 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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