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NAVY | DRB | 2004_Navy | ND04-00220
Original file (ND04-00220.rtf) Auto-classification: Denied


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

ex-ABEAA, USN
Docket No. ND04-00220

Applicant’s Request
The application for discharge review was received on 20031119. 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 did not list any representative on the DD Form 293.

Decision

A documentary review was conducted in Washington, D.C. on 20040728. 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 1910-146, formerly Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

 1. “To whom it may concern:

 I am writing this letter to address my past involvement in the U.S. Navy. I, D_ A_ B_ ( Applicant ), served on the USS Enterprise as an ABE. As it states in my discharge I received an Other Than Honorable discharge and I am now requesting a revision of my discharge from an Other Than Honorable discharge to a General discharge with Honorable conditions. My exit from the Navy was the result of a resentfully immature action which disrespected and dishonored my original vow of trust and commitment to the Navy. I am now eagerly proposing to redeem myself of my selfish act by proving myself worthy in an unworthy situation. It was a grave mistake and I deeply regret the hypocrisy I betrayed in the foundations of the soldiers who fought before me. They paved the way for this glorious country and I wish to uphold the proud tradition they set forth by protecting our countries freedom. Now being a man of perseverance, I am humbly requesting to renew my vow of commitment to the US Military by joining the Army and serving my country proudly. However regretful, I also believe that learning from my mistakes is the first step of change and understanding of a new mature person.
I am now 26 and happily married with a son of 18 months. The responsibility that is before me now is represented with high value and must be carried out with integrity, honesty and commitment. My commitment to my family is something that 1 will take to the grave. I want nothing more than to protect, provide for and cherish my family. It takes a man to represent the head of a household; it takes unity and teamwork to represent a family. As my faith holds my family, I proclaim to make the Army of One my family. As a father I invest in my family’s future and it is my desire to investment in our nation’s future. As God as my witness I vow to let the true test of a man's character be demonstrated by his humbleness when faced with wrong. I hope that you will view this with the remembrance of what once was and what is now. I stand before you in complete conviction asking for a second chance.
Please allow me to renew my vows of commitment to the U.S. Military as I once did before. It is a new hour, a new day, and a new year and I am a new man who has a new meaning to the word spoken before and now. My intentions are to serve and protect the foundations of America and retire my reputation in the U.S. Military. If there is anything that I can do to redeem myself I would ask only that it would be to re-enlist. Thank you for you time and consideration. If you have any further questions I am in full cooperation. May God bless you!
Sincerely,

D_ A_ B_
(Social security number deleted)”
 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Letter from Applicant’s wife, Mrs. J_ B_, dated November 8, 2003

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     960131 - 960930  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 961001               Date of Discharge: 990225

 Length of Service (years, months, days):

         Active: 02 04 25
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 47

 Highest Rate: ABEAN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF*                 Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR

 Days of Unauthorized Absence: 5

*No marks found in service record.

 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 :

981107:  Report of offense: Unauthorized absence from 0600, 981102 to 0630, 981107 (5 days).

981203:  NAVDRUGLAB, Jacksonville, FL, reported Applicant’s urine sample, received 981123, tested positive for THC.

981212:  NJP for violation of UCMJ, Article 112A: Wrongfully use marijuana on 981106, violation of UCMJ, Article 134: Disorderly conduct on 980918.
         Award: Forfeiture of $519 per month for 2 months, restriction and extra duty for 45 days, reduction to ABEAA. No indication of appeal in the record.
981218:  Applicant declined drug dependency screening.
981221:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
981221:  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.
990111:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

990113:  COMCRUDESGRU TWELVE directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

990208:  NJP. No further information in service record. [Extracted from NAVPERS 1070/604.]

990225   Applicant discharged with from the Naval service by reason of misconduct due to drug abuse. Applicant’s discharge is characterized as under other than honorable conditions.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19990225 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: Applicant has provided evidence through his statement to this Board to suggest that he is no longer a drug user, that he is committed to his family, and that he has matured since the time of his naval service. This evidence, by itself, is insufficient to warrant an upgrade. 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, credible evidence of a substance free lifestyle and certification of non-involvement with civil authorities. As of this time, the Applicant has not provided sufficient documentation for the Board to consider. Relief denied.

Applicant has expressed his desires for continued military service. Concerning a change in reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces. An unfavorable “RE” code is, in itself, not a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.

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 18, effective 12 Dec 97 to 19 May 99, 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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