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NAVY | DRB | 2003_Navy | ND03-01094
Original file (ND03-01094.rtf) Auto-classification: Denied


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

ex-OS3, USN
Docket No. ND03-01094

Applicant’s Request
The application for discharge review was received on 20030610. 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 review. The Applicant listed a Congressman as the representative on the DD Form 293. In the acknowledgment letter, the Applicant was informed that member of congress or their employees do not normally represent Applicants before the Board without written authorization. Authorization was not received; therefore case reviewed without representation.

Decision

A documentary review was conducted in Washington, D.C. on 20040608. After a thorough review of the available 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.

 The NDRB did note administrative error(s) on the original DD Form 214. Block 18, Remarks, should contain the following statement: "CONTINUOUS HONORABLE ACTIVE DUTY FROM 93MAY10 UNTIL 97MAR20," The Commander, Naval Personnel Command, Millington, TN, will be notified, recommending the DD Form 214 be corrected or reissued, as appropriate.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1. “I believe my discharge was improper due to no additional investigation into my denial of use of cocaine”.

2. “I believe my discharge should be reviewed based on my past alcohol related incidents and my stationing/aftercare”.

3. “I believe my discharge should be reviewed due to my active duty obligation being met to receive my benefits”.

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Consent of Release of Personal Records by Executive Agencies dated July 28, 2001
Letter from BCNR dated February 7, 2002
Letter from Congressman C___ H. T___ dated November 20, 2001
Letter from Applicant dated July 26, 2003 (2 pages)
Resume
Copy of DD Form 214
Copy of Enlisted Performance Evaluation Reports (4 pages)
Copy of Evaluation Report & Counseling Record (12 pages)
Copy of Enlisted Surface Warfare Specialist Certificate
Copy of Letter of Commendation
Copy of Good Conduct Award dated January 19, 1999
Copy of Outstanding Physical Readiness Award dated July 16, 1998
Copy of Letter of Appreciation dated January 20, 1994
Character Reference Letter dated September 1, 1997
Copy of Certificate of Completion (Petty Officer Indoctrination Course) dated June 1, 1995
Copy of Graduate Certificate (Multi-Link Operator K-221-0124) dated May 24, 1996
Copy of Certificate of Completion (OTCIXS/TADIXS Operator Course) dated June 7, 1996
Copy of Certificate of Completion (Introduction to Total Quality Leadership) dated March 3, 1998
Copy of NATO Medal Certificate

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     930226 - 930509  COG
         Active: USN                        930510 - 970320  HON

 Period of Service Under Review :
Date of Enlistment: 970321               Date of Discharge: 000525

 Length of Service (years, months, days):

         Active: 03 02 04
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 78

 Highest Rate: OS2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.00 (3)    Behavior: 3.33 (3)                OTA: 3.52

 Military Decorations: None

 Unit/Campaign/Service Awards: NUC, NAVY”E”, GCM, NDSM, AFEM, SSDR (3), NM, Enlisted ESWS Insignia

 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 :

970321:  Reenlisted onboard USS TICONDEROGA (CG-47) for 4 years.

 000417:  NJP for violation of UCMJ, Article 92: Failure to obey a written regulation, violation of UCMJ, Article 112: Drunk on duty, violation of UCMJ, Article 112a: Wrongful use, possession, etc, of controlled substance.
         Award: Forfeiture of $778.00 pay per month for 2 month (1 month suspended), restriction for 30 days, reduction to E-4. No indication of appeal in the record.
NO DISCHARGE PACKAGE AVAILABLE.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20000525 under other than honorable conditions for misconduct due to drug abuse (A). In the absence of a Discharge Package, the Board presumed regularity in the conduct of governmental affairs (B) and, after a thorough review of the records, supporting documents, facts, and circumstances unique to this case, found that the discharge was proper and equitable (C and D).

Issues 1-2. 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.

Issue 3. The Veterans Administration determines eligibility for post-service benefits not the Navy Discharge Review Board. 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. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge. Relief denied.

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 27, effective 27 March 2000 - 11 Feb 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


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