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NAVY | DRB | 2003_Navy | ND03-01267
Original file (ND03-01267.rtf) Auto-classification: Denied


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

ex-ITSA, USN
Docket No. ND03-01267

Applicant’s Request
The application for discharge review was received on 20030725. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a personal appearance hearing before the Board in the Washington National Capital Region. The Applicant did not list any representative on the DD Form 293. Subsequent to the application, the Applicant obtained representation by the American Legion.

Decision

A personal appearance discharge review was conducted in Washington, D.C. on 20040527. 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: GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-146, formerly Article 3630620.



PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues:

 “1. (Equity Issue) This former member further requests that the Board include provisions of SECNAVINST 5420.174C, enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of this application.”

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Thirteen pages from Applicant’s service record
Letter from Applicant, undated
Letter of recommendation from ET3 C_ S_, USN
Letter of recommendation from CWO2 G_ M. W_
Letter of recommendation from R_ B_, A1C, USAF
Letter of recommendation from B_ C_
Letter of recommendation from P_ M_
Performance report dated May 13, 2004

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     971204 - 980302  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 980303               Date of Discharge: 010124

 Length of Service (years, months, days):

         Active: 02 10 22
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 46

 Highest Rate: ITSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (3)    Behavior: 1.67 (3)                OTA: 2.90

 Military Decorations: None

 Unit/Campaign/Service Awards: LoC

 Days of Unauthorized Absence: None

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

GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-146, formerly 3630620.

 Chronological Listing of Significant Service Events :

990402:  Counseling: Advised of deficiency (Military performance and PQS qualifications), notified of corrective actions and assistance available.

990501:  Counseling: Advised of deficiency (Tardiness and behavior), notified of corrective actions and assistance available.
990607:  Counseling: Advised of deficiency (Behavior and traffic violation), notified of corrective actions and assistance available.

990805:  Counseling: Advised of deficiency (Tardiness), notified of corrective actions and assistance available.

990916:  Counseling: Advised of deficiency (Reporting to watch with the smell of alcohol on her and appearing to be hung over), notified of corrective actions and assistance available.

000406:  Counseling: Advised of deficiency (Military performance), notified of corrective actions and assistance available.

000517:  Counseling: Advised of deficiency (Job performance), notified of corrective actions and assistance available.

000612:  NJP for violation of UCMJ, Article 92: Dereliction of duty on 000528.
         Award: Extra duty for 14 days. No indication of appeal in the record.
000710:  Counseling: Advised of deficiency (Responsibility), notified of corrective actions and assistance available.

000831:  Counseling: Advised of deficiency (military appearance/bearing, professional performance, watchstanding, military behavior, responsibilities), notified of corrective actions and assistance available.

000920:  NJP for violation of UCMJ, Article 112A (2 specs): (1) Wrongful possession of controlled substances between 000701 and 000915, wrongfully possess some hallucinogenic mushrooms, (2) Wrongfully use hallucinogenic mushrooms, a schedule I controlled substance, while in Okinawa, Japan.
Award: Forfeiture of $564.70 per month for 2 months, restriction and extra duty for 45 days, reduction to ITSA. No indication of appeal in the record.
000929:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
000929:  Applicant advised of rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
001016:  Substance Abuse Evaluation: Pattern of illicit drug use, which may indicate a substance abuse disorder.
001205:  Alcohol and Drug Screening Report assessment: Does not meet criteria for substance abuse/dependence.

001220:  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the Applicant had committed misconduct due to drug abuse, and by a vote of 2 to 1, that the misconduct warranted separation, and by unanimous vote recommended discharge general (under honorable conditions).

010103:  Commanding Officer recommended discharge under honorable conditions (general) by reason of misconduct due to drug abuse.

020328:  NDRB documentary record review Docket Number ND01-01127 conducted. Determination: discharge proper and equitable; relief not warranted.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20010124 under honorable conditions (general) 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. Drug abuse warranted processing for separation. Separation under these conditions generally results in characterization of service under other than honorable conditions. Relief denied.

The Applicant’s discharge characterization accurately reflects her service to her country. Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question. No such error or inequity occurred during the Applicant’s enlistment. Additionally, 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 the service. However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, to the extent that such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review. Verifiable proof of any post-service accomplishments must be provided in order for the Applicant to claim post-service conduct and behavior as a reason to upgrade a less than Honorable discharge. Evidence of continuing educational pursuits, an employment record, documentation of community service, certification of non-involvement with civil authorities and evidence of a substance free lifestyle, are examples of verifiable documents that may be provided to receive consideration for relief, based on post-service conduct. The Applicant’s evidence of post-service conduct was found not to mitigate the discharge sufficient to warrant an upgrade. Relief is therefore denied.

The Applicant is reminded that she may request a review of her case from the Board for Correction of Naval Records at 2 Navy Annex, Washington, DC 20370-5100.











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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