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NAVY | DRB | 2004_Navy | ND04-00249
Original file (ND04-00249.rtf) Auto-classification: Denied


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


ex-SR, USN
Docket No. ND04-00249

Applicant’s Request
The application for discharge review was received on 20031121. The Applicant requests the characterization of service received at the time of discharge be changed to entry-level separation. The Applicant requests a personal appearance hearing discharge review before a traveling panel closet to Simi Valley CA. In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) does not travel; all hearing are held in the Washington DC area. The NDRB also advised that the board first conduct a documentary record 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 20040720. 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 in the letter attached to his application:
1. “I joined the Navy 16 days out of high school. In retro speck it was to early. I joined with a dream to do well and actually become a captain of a submarine. I guess I had other plans that took over. Somewhere between having fun and not being able to go to the bars with the other guys on the boat I got caught up in the rave scene and the drugs. I did this knowing the Navy’s no tolerance rule of the UCMJ. There wasn’t much about being on the USS Florida that I didn’t enjoy. The Florida was probably the best thing that ever happened to me. I regret everything I did on that horrible weekend that got me kicked out of the navy and I do except all reasonability for that weekend that I screwed up. It has been a little over two years since I have been out the navy. In that time I have been going to school to two different schools. I went to the college of oceanerring in Wilmington California to become a commercial diver. I am also in school to get an Associate degree in criminal justice. I have been doing some volunteer work with a local Boy Scout group to just volunteer. For the past year I have been working with Lantz Security as an armed sergeant. I am in charge of countless people, I am manly in charge of the patrol field but I do look over some sentry guards. This last May 10 2003 I got married to a beautiful wife here in Simi Valley CA. In the time since I have been out of the navy I have applied for the local sheriff department and many other police departments around here. I have also applied for the two different fire departments.
I know the worst you can do I say no and I am not getting my hopes up. All I am asking is for a second chance to do it over again and do it right. I wish every day I could take it back this is the chance I need. Every time I look to the ocean all I see is how I screwed it up. I have talked to a couple different navy recruiters around here to find out how to do this. If I could go back in I would like to go in as a Missile Tech on a trident submarine. I would take what ever I could get if possible. All I am asking is that you change my enlistment code so I can get back in the United States Navy.
 R_ R_”

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Employment reference letter

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     990630 - 000621  COG
          Active: None
Period of Service Under Review :
Date of Enlistment: 000622               Date of Discharge: 010824
Length of Service (years, months, days):

          Active: 01 02 03 (Does not exclude lost time)
          Inactive: None

 Age at Entry: 18                          Years Contracted: 4
Education Level: 12                        AFQT: 40

 Highest Rate: SN
Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (1)    Behavior: 1.00 (1)                OTA: 2.67
Military Decorations: None

 Unit/Campaign/Service Awards: SSBN Deterrent Patrol Pin
Days of Unauthorized Absence: 3
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 :

010726:  Summary Court-Martial.
 Charge I. Violation of UCMJ, Article 86: UA from 010609 to 010612.
 Charge II. Violation of UCMJ, Article 112a: Used ecstasy on or about 010609.
Charge III. Violation of UCMJ, Article 121: Larceny of NEX property of a value of $77.99, on 010702.
         Award: Forfeiture of $694.00, confinement for 30 days, reduction to E-1.
         010726: CA action. Sentence approved and ordered executed.
010727:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse and misconduct due to commission of a serious offense.
010727:  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.
010801:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse and due to the commission of a serious offense.

010809:  Commander, Submarine Group 9 directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20010824 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 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. The discharge was proper and equitable. Relief denied.
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. Neither a less than fully honorable discharge nor an unfavorable “RE” code is, in itself, a bar to reenlistment. A request for waiver is normally done only during the processing of a formal application for enlistment through a recruiter.

The Applicant’s discharge characterization accurately reflects his service to his country. Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question. No such error or inequity is evident 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. Relief not warranted.

The Applicant is reminded that he remains eligible for a personal appearance hearing, provided an application is received at the NDRB within 15 years from the date of his discharge. 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 33, effective 16 Jul 2001 until 21 Aug 2002, 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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