Search Decisions

Decision Text

NAVY | DRB | 2004_Navy | ND04-00270
Original file (ND04-00270.rtf) Auto-classification: Denied


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

ex-AC2, USN
Docket No. ND04-00270

Applicant’s Request
The application for discharge review was received on 20031204. 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 “completion of required active service.” 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 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 and reason for 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, as stated on the application:

“I am submitting this appeal because I believe my discharge was inequitable because it was solely based on one isolated incident in over 8 years of service with no other adverse action.

ISSUE 1. Type of discharge given Document 1, Page 3, Paragraph 3, Sentences 1-9, clearly supports my appeal for an honorable discharge.

ISSUE 2. Reenty code Document 2, page 1, Paragraph 3, Sentences 1-6. I feel that I deserve the opportunity to continue serving my country as well as my community as I pursue a career in law enforcement. I am requesting that the reentry code be adjusted so that I may be allowed to serve in the naval reserve.

ISSUE 3. Narrative reason for separation. It is standard procedure for employer’s to request a DD-214 from all Applicant’s who have served in the Armed Forces. Since I’ve been discharged from Naval Service over 6 months ago I have experienced nothing but significant complications in obtaining work. I have been reduced to working for temporary employment agencies and have had to take a significant pay decrease caused mainly by not being able to obtain reputable employment. I am constantly having to justify my separation and I feel that opportunities have not been afforded to me unjustly I just want to be able to support my self and my son and be able to move on with my life and be a positive addition to the civilian community.
Enclosed with this form are 3 documents and my microfiche record.-End of statement”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Five pages from Applicant’s service record
Letter of Recommendation, dated September 4, 2003

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     931120 - 940907  COG
         Active: USN                        940908 - 980914  HON

 Period of Service Under Review :
Date of Enlistment: 980915               Date of Discharge: 030512

 Length of Service (years, months, days):

         Active: 04 07 28
         Inactive: None

 Age at Entry: 22                          Years Contracted: 5

 Education Level: 12                        AFQT: 61

 Highest Rate: AC2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.50 (2)    Behavior: 2.50 (2)                OTA: 3.22

 Military Decorations: None

 Unit/Campaign/Service Awards: NUC, MUC, NER, GCM (2), NDSM (2), AFSM, SSDR (3), NATAO, ESWS, EAWS, Letter of Commendation

 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 :

980915:  Applicant reenlisted for 5 years.

020826:  Applicant’s statement.

021029:  Drug Testing Report: Analytical Findings: Negative.

 030114:  NJP for violation of UCMJ, Article 92:
 Specification 1: Fail to obey lawful order issued by CO on 020825 by entering a pharmacy, to wit: Pharmacies in Turkey are off limits to military personal embarked on USS WASP.
Violation of UCMJ, Article 112A: (5 specs):
Specification 1: Wrongfully introduce illegal substances while on board USS WASP on 020601, to wit; 77 tabs of material each saturated with 10 mg of anabolic steroid liquid, a scheduled III controlled substance.
Specification 2: Wrongfully use an illegal substances on 020825, to wit: approximately 123 tabs of material each saturated with 10 mg anabolic steroid liquid, a scheduled III controlled substances, while onboard USS WASP.
Specification 3:Wrongfully introduce illegal substances on 020825, to wit: approximately 1.97 grams of anabolic steroid ampoules “Anapolon” (a mixture of Testosterone Propionate, Testosterone isocaproate, Testosterone Decanoate and Testosterone Phenylpropionate and approximately 3.02 grams of anabolic steroid tablets “Sustanon” (Oxymetholone) both Schedule III controlled substances.
Specification 4: Wrongfully import illegal substances on 020825, to wit: approximately 1.97 grams of anabolic steroid ampoules “Anapolon” ( a mixture of Testosterone Propionate, Testosterone Isocaproate, Testosterone Deconate and Testosterone Phenylpropionate) and approximately 3.02 grams of anabolic steroid tablets “Sustanon” both scheduled III controlled substances.
Specification 5: Wrongfully possess illegal substances on 020825, to wit: approximately 5 grams of anabolic steroid material, liquid ampoules and tablets,
Award: Forfeiture of $1075 per month for 1 month, reduction to AC3. Reduction suspended for 60 days. No indication of appeal in the record.

030104:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
030114:  Applicant advised of rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board .
030214:  Applicant’s statement.

 030214:  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, that the misconduct warranted separation, and recommended discharge under other than honorable conditions.

030404:  Commanding Officer recommended discharge honorable by reason of misconduct due to drug abuse (use).

030416:  Commander, Amphibious Group TWO directed the Applicant's discharge general (under 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 20030512 with a general (under 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. The Applicant states his discharge was based on one isolated incident with no other infractions. There is credible evidence in the record that the Applicant wrongfully possessed 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.
Issue 2. 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.

Issue 3. 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 based on this issue is not warranted.

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 additional documentation to support any claims of post-service accomplishments or any other evidence relating 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), re-issued October 2002, effective 22 Aug 2002 until Present, 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


Similar Decisions

  • USMC | DRB | 2002_Marine | MD02-00393

    Original file (MD02-00393.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Copy of DD Form 214 (2 copies) Circuit Court Change of Name Judgment dtd 28 May 1997Character Reference ltr from P_ J_, ATC/L, PT, HealthSouth, dtd 25 May 2000Daytona Beach Community College Associate of Arts Certificate dtd 13 May 1997 Seminole Community College Associate in Science Degree Certificate dtd 2 May 20005 pages from service record PART II - SUMMARY...

  • USMC | DRB | 2005_Marine | MD0501231

    Original file (MD0501231.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions). I had a very good service record and I believe I received the type of discharge I did as an example to the other Marines I was stationed with on Okinawa.I contend that, given my overall honorable service, that I should have at a minimum been afforded the rights of someone who was abusing illegal mind-altering drugs; I understand that drug...

  • USMC | DRB | 2000_Marine | MD00-00811

    Original file (MD00-00811.rtf) Auto-classification: Denied

    Sentence approved and order executed except forfeiture of $200 per month for 2 months is suspended for 6 months.930625: NIS report whereby applicant admits to buying anabolic steroids from another Marine.930708: NJP for violation of UCMJ, Article 112a: on or about Mar 93 to Apr 93 wrongfully posses anabolic steroids. Not appealed.930714: SSPCMO: Due to commission of a UCMJ violation during the probation period, the suspended forfeiture of $200 pay per month for 2 months issued pursuant to...

  • USMC | DRB | 2000_Marine | MD00-00211

    Original file (MD00-00211.rtf) Auto-classification: Denied

    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 (D and E).In the applicant’s issue 1, the Board determined this issue is without merit. The applicant was discharged for possession of an illegal drug, and not use. The applicant states he is attending Community College and has never been in jail or arrested before or after the Marine Corps.

  • AF | DRB | CY2002 | FD2000-0105

    Original file (FD2000-0105.pdf) Auto-classification: Denied

    CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD2002-0105 GENERAL: The applicant appeals for upgrade of discharge to Honorable. Such a discharge characterization, where the sole basis for discharge is a serious offense that resulted in conviction by a court-martial and the court declined to issue a punitive discharge, can only be approved by the Secretary of the Air Force (para 1.21.3). Recommendation: Discharge Respondent with a general discharge without PER.

  • NAVY | DRB | 2004_Navy | ND04-00528

    Original file (ND04-00528.rtf) Auto-classification: Denied

    as well as I did not know the illegality of the offense until brought to my attention by the authorities. A single discreditable incident with military or civilian authorities may form the basis for determining the character of a member’s 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...

  • NAVY | DRB | 2003_Navy | ND03-00874

    Original file (ND03-00874.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. 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).The Applicant introduced no decisional issues for consideration by the...

  • NAVY | DRB | 2000_Navy | ND00-00746

    Original file (ND00-00746.rtf) Auto-classification: Denied

    ND00-00746 Applicant’s Request The application for discharge review, received 000525, requested that the characterization of service on the discharge be changed to honorable. When the board convened, my records were not present so it is hard for me to understand how the board could make a decision based on my past service when they had nothing to refer to. Relief is not warranted.The applicant’s second issue states: “After a review of the Former Service Members (FSM) DD Form 293...

  • USMC | DRB | 2005_Marine | MD0501379

    Original file (MD0501379.rtf) Auto-classification: Denied

    MD05-01379 Applicant’s Request The application for discharge review was received on 20050815. The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. My hope is that you, the Discharge Review Board, will consider a re-evaluation of the discharge I was given at the time of my administrative separation from the United States Marine Corps.

  • USMC | DRB | 2005_Marine | MD0500516

    Original file (MD0500516.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. After I was discharged I continued my contacts/friendships with some of the active duty Marines stationed at MCAS Yuma, AZ who advised me Marines being busted for marijuana were being allowed to remain in the Marine Corps. The Applicant contends that he is aware of “Marines being busted for marijuana… being allowed to stay in.” There is credible evidence in the record that the...