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NAVY | DRB | 2003_Navy | ND03-01247
Original file (ND03-01247.rtf) Auto-classification: Denied


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

ex-A3, USN
Docket No. ND03-01247

Applicant’s Request
The application for discharge review was received on 20030721. The Applicant requests the characterization of service received at the time of discharge be changed to honorable and the reason for the discharge be changed to “hardship or something consistent with my circumstances.” 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 20040608. 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 and reason for 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 it was based on one isolated incident in 15 yrs of faithful, obedient and zealous service with no regard or consideration for my record or circumstances.”

2. “In the 2 yrs proceeding my discharge I went through (4) forever life-changing events (3/97-Divorce, 12/97 Death of close Uncle/Surrogate Father, 5/98 Death of Grandmother, 12/99 Suicide of Brother). Command and doctor were aware of all (4) verified events”

3. “I was diagnosed and in treatment for grief and depression as a direct result of these events. I had also been treated for alcohol abuse in 2/00 as another result of these events. My debilitated and documented mental state were not considered.”

4. “Prior to my misconduct I had received (3 Good Conduct Awards, 2 Navy Achievement Medals, 4 letters of Commendation, numerous nominations, recommendations, appointments and letters of recognition for my effort in different commands and communities.”

5. “I respectfully request the board to upgrade my discharge to Honorable or at least General Under Honorable Conditions, and Amend my reason for discharge to “Hardship or something consistent with my circumstances.”
Documentation
In addition to the service record, NO DISCHARGE PACKAGE AVAILABLE, the following additional documentation, submitted by the Applicant, was considered:
Copy of Letter from CO to CNP for Application for Consideration under the Active Duty Limited Duty Officer Program dated July 11, 1996
Copy of Letter of Recommendation for Assignment to Duty with Blue Angels dated January 20, 1995
Copy of 1997 Shore Sailor of the Year Nomination Letter
Copy of Nomination for “Petty Officer of the Quarter” Letter dated June 9, 1997
Copy of Identification Data
Letter of Authorization to Sign Logbook and Aeronautical Equipment Service Record dated June 26, 1997
Copies of Medical Documents (5 pages)
Copy of NAVPERS 1070/604 (Third Good Conduct)
Copy of Navy and Marin Corps Achievement Medal Citation
Copy of Navy Achievement Medal Citation
Copy of Letter of Commendation Citation
Copies of Letters of Commendation (2)
Copy of Letter of Commendation Citation
Copy of Certificate of Appreciation from American Red Cross
Copy of Certificate of Recognition
Copy of Letter of Appreciation
Copy of Volunteer Recognition Program Message
Letter of Completion of Volunteer Service with WJCT, Inc, Jacksonville, Florida’s Public Broadcasting Station dated November 18, 1999
Copy of Defy Approval Letter dated October 6, 1997
Copy of DD Form 214
Copy of DD Form 214 (Prior Enlistment)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     850325 - 850421  COG
         Active: USN                        850422 - 881228  HON
         Active: USN                        881229 – 940331  HON
         Active: USN                        940401 – 960314  HON

Period of Service Under Review :
Date of Enlistment: 960315               Date of Discharge: 000628

 Length of Service (years, months, days):

         Active: 04 03 13
         Inactive: None

 Age at Entry: 31                          Years Contracted: 3 (33 months extension)

 Education Level: 12                        AFQT: 63

 Highest Rate: AE1

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.33 (3)    Behavior: 4.33 (3)                OTA: 4.09

 Military Decorations: None

 Unit/Campaign/Service Awards: NDM, OR(2), GCM, NAM

 Days of Unauthorized Absence: 57

 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 :

960315:  Reenlisted at HELSUPPRON FIVE GUAM for 3 years with a 33 months extension.
000107:  NJP for violation of UCMJ, Article 86: Unauthorized Absence, violation of UCMJ, Article 92: Failure to obey a lawful order.
         Award: Oral Reprimand, forfeiture of $430.00 for 1 month ($330.00 suspended for 6 months), reduction in rate (suspended for 6 months). No indication of appeal in the record.

000406:  The suspended reduction in rate and forfeiture of pay awarded at NJP on 000107 vacated due to continued misconduct.
000606:  NJP for violation of UCMJ, Article 86: (6 Specifications), Unauthorized absence, violation of UCMJ, Article 92: Failure to obey a lawful order, violation of UCMJ, Article 112a: Wrongful use of a controlled substance.
Award: Forfeiture of $363.00 (all but $100.00 suspended for 6 months), restriction to NAS Jacksonville, Florida for 14 days, extra duty for 14 days, reduction to E-X. No indication of appeal in the record.
000608:  The suspended forfeiture of pay awarded at NJP on 000606 vacated due to continued misconduct.

NO DISCHARGE PACKAGE AVAILABLE.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20000628 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).

 Issue 1. The Applicant states his discharge was based on one isolated incident with no other infractions. The record documents several disciplinary infractions, not one isolated incident. 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. Relief denied.

 Issues 2 & 3. The Applicant contends his disciplinary problems were the result of stress caused by family situations (death, divorce, treatment for depression). The NDRB recognizes that serving in the U.S. Navy is challenging. Our country is fortunate to have men and women willing to ensure the hardships and sacrifices required in order to serve their country. It must be noted that most members of the Navy serve honorably and therefore earn their honorable discharges. In fairness to those members of the Navy, commanders and separation authorities are tasked to ensure that undeserving Sailors receive no higher characterization than is due. The NDRB found that the Applicant's service was equitably characterized. Relief denied.

Issue 4. A characterization of service of under other than honorable conditions is warranted when the member’s conduct constitutes a significant departure from that expected of a Sailor. The Applicant’s service was marred by award of non-judicial punishment (NJP) on two occasions. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his disobedience of the orders and directives which regulate good order and discipline in the naval service, and falls short of that required for an honorable characterization of service. An upgrade to honorable would be inappropriate. It must be noted that most Sailors serve honorably and well and therefore earn honorable discharges. In fairness to those Sailors, commanders and separation authorities are tasked to ensure that undeserving Sailors receive no higher characterization than is due. Relief denied.

Issue 5. The summary of service clearly documents that misconduct, was the reason the applicant was discharged. No other Narrative Reason for Separation more clearly describes why the applicant was discharged. To change the Narrative Reason for Separation would be inappropriate. Relief denied.


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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