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NAVY | DRB | 2003_Navy | ND03-01475
Original file (ND03-01475.rtf) Auto-classification: Denied


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

ex-FN, USN
Docket No. ND03-01475

Applicant’s Request
The application for discharge review was received on 20030911. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. 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 20040712. 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 – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.

 The NDRB did note administrative error(s) on the original DD Form 214. Block 24, Character of Service, should read: “UNDER OTHER THAN HONORABLE CONDITIONS" vice “OTHER THAN HONORABLE.” 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. “In reference to block 8, page 2 of DD Form 293, I R_ A_ R_ am giving my issues concerning the characterization of my discharge , dated 92 Jun 30. My last duty station was the U.S.S. Thomas C. Hart, FF-l092. I have no regrets of my decision to join the navy, nor do I hold any predjudice or Ill will about the situation at hand.
As of the date of 92 JUN 30, 1 was other than honorably discharged for misconduct. Reason of misconduct drug abuse I use of cocaine. Prior to this, I have two honorable discharges, dating (1- 92 MAR 20, and (2-86 MAR20 ,both from prior immediate reenlistments. During total active military service, I was awarded two sea service deployment ribbons , two good conduct awards, one navy unit commendation ; one southwest asia service medal ,w/2 bronze stars two navy expeditionary medals ; kuwait liberation medal national defense service medal navy achievement medal and enlisted surface warfare specialist. My desire was to be a 20- year man. have had prior problems drugs in my two prior enlistments, should the board consider this application. Those particular details are in my service record. Upon return from the persion gulf war, I imagine that let peir pressure got the best of me and I began using , not even considering the devastating result.
As a result I have lost my naval career and honest retirement in good standing with my country and fellow citizens within the naval service. I do realize that I was wrong in my decision and I have to live with it. In retrospect, I also was a 4-0 sailor with good marks and preformance record. I was a MM2 at the time of njp. My reason for taking so long to inqiure to the board on this matter is simply one of shame and dissarray to the matter. On the same note, I was also told that it takes 3 years after discharge for consideration. I am in no trouble with any law enforcements, FBI or CIVIL. I also have maintained a job for six years now, I am a machinist for T_ A_ C_ industries in Tucson, AZ. Working a drug-free and productive life.
As it stands, I am not asking the boards consideration just for the veterans benefits, but for the honor. It would be a privlage to know on my final day that there was / is good standing between me and my country. The drug problem that I had is no more, therefore. I ask the boards consideration for a upgrade of my discharge from other than honorable, to honorable.

Thank you for your consideration,
R_ A_ R_ ( Applicant )
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Service 2, Member 3)
Character reference from T. A. Industries, Production Manager Mr. G_ H_, dated July 16, 2003.
Character reference from Rev. Dr. B_ P_, dated August 30, 2003
Character reference from R_ B_, dated August 30, 2003
NA Form 13044, dated March 23, 1997

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     810911 - 820302  COG
         Active: USN                        820320 - 860320  HON
         Active: USN                        860321 – 920319  HON

 Period of Service Under Review :
Date of Enlistment: 920320               Date of Discharge: 020630

 Length of Service (years, months, days):

         Active: 00 03 21
         Inactive: None

 Age at Entry: 28                          Years Contracted: 4

Education Level: 12                        AFQT: 29

 Highest Rate: MM2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.60 (1)    Behavior: 3.80 (1)                OTA: 4.00

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR(2), GCM (2), NUC, SASM (2 Bronze STARS), ESWS, NEM, KLM, NAM, NDSM

 Days of Unauthorized Absence: None

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.

 Chronological Listing of Significant Service Events :

920320:  Applicant reenlisted on board USS THOMAS C. HART (FF-109) for 4 years.
920423:  NJP for violation of UCMJ, Article 112a. Unauthorized use of controlled substance (cocaine).
         Award: Forfeiture of $500 per month for 2 months. Reduction to MM3. No indication of appeal in the record.
920423:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
920428:  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.
920508:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use). Commanding Officer’s comments: In view of the offenses evidence in paragraph 1d it is recommended that MM3 R_ (Applicant) be separated with an other than honorable discharge.

920616:  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 19920630 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 available 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. Despite a servicemember’s prior record of service, certain serious offenses, even though isolated, warrant separation from the naval service in order to maintain proper order and discipline. 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.

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. E vidence of continuing educational pursuits, a drug free lifestyle, and certification of community service and non-involvement with civil authorities are examples of verifiable proof that can be submitted. At this time, the Board determined that the documentation submitted by the Applicant does not mitigate his misconduct while on active duty.

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), effective 15 Aug 91 until 04 Mar 93, 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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