Search Decisions

Decision Text

NAVY | DRB | 2004_Navy | ND04-00310
Original file (ND04-00310.rtf) Auto-classification: Denied

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


ex-HM3, USN
Docket No. ND04-00310

Applicant’s Request
The application for discharge review was received on 20031210. The Applicant requests the narrative reason for the separation be changed to Discharged. The Applicant requests 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 20040910. 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 narrative reason of the discharge shall not change. The discharge shall remain: HONORABLE/ MISCONDUCT, authority: NAVMILPERSMAN, Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated
Applicant’s issues, as stated on the application:

 1. “This Misconduct is hindering my Job opportunities. I went through a treatment program and have not used since. I came forward about my Marijuana use. At the time I had just got back from the Desert Shield/Storm War. I was also undergoing a divorce. I received a bronze star for heroic achievement and hope this will be taken into consideration please.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
The Morton Center, account ledger for Applicant, dated August 5, 2003 (2 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     871030 - 880629  COG
         Active: USN                        880630 - 920618  HON
Period of Service Under Review :
Date of Enlistment: 920619               Date of Discharge: 940914

 Length of Service (years, months, days):
         Active: 02 02 26
          Inactive: None
Age at Entry: 22                          Years Contracted: 3

 Education Level: 12                        AFQT: 42/52
Highest Rate: HM3

 Final Enlisted Performance Evaluation Averages (number of marks):
Performance: 3.96 (5)    Behavior: 3.92 (5)                OTA: 3.92

 Military Decorations: None
Unit/Campaign/Service Awards: GCM, BSM, SASM (2 Bronze Stars), HSM, CAR, NDSM, SSDR, KLM, KLM (K), NUC

 Days of Unauthorized Absence: None
Character, Narrative Reason, and Authority of Discharge (at time of issuance):

HONORABLE/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630620.
Chronological Listing of Significant Service Events :

940615:  NAVHOSP Branch Clinic: S: Patient is a self-referral. Admitted verbally that with group of friends, he smoked marijuana in San Antonio, TX on 940605. A: Self referral for smoking marijuana. Drug Dependency. P: Zero drug tolerance in the Navy. Process for administrative separation. Patient is drug dependent.
940914:  DD Form 214: Applicant discharged honorable by reason of misconduct due to drug abuse; authority: NAVMILPERSMAN, Article 3630620.
No discharge package available for review

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was honorably discharged on 19940914 for misconduct due to drug abuse (A). 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 (B and C). The presumption of regularity of governmental affairs was applied by the Board in this case in the absence of a complete discharge package (D).
Issue 1. There is credible evidence in the record that the Applicant used illegal drugs. Drug abuse warranted processing for separation. No other narrative reason more clearly describes the circumstances surrounding the Applicant’s processing for administrative separation. Relief denied.
The Applicant’s discharge characterization accurately reflects his service to his country. Normally, to permit relief, an inequity or impropriety must have existed during the period of enlistment in question. No such inequity or impropriety 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, to enhance employment opportunities, or for 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, employment record, documentation of community service, certification of non-involvement with civil authorities and credible evidence of a substance free lifestyle, are examples of verifiable documentation 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 his misconduct sufficient to warrant an upgrade to his discharge. 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 . Navy Military Personnel Manual, (NAVPERS 15560C), Change 9/94, effective
22 Jul 94 until 02 Oct 96, 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 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.
C. 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.

D. 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.

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

  • NAVY | DRB | 2003_Navy | ND03-00619

    Original file (ND03-00619.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. I received a Under other than Honorable Conditions Discharge and request that my discharge be upgraded to Honorable based on the following: 941026: BUPERS directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse.

  • NAVY | DRB | 2001_Navy | ND01-00390

    Original file (ND01-00390.rtf) Auto-classification: Denied

    During the time I was tested for the THC, I was around several people at a party. The applicant did not provide any post-service documentation for the Board to consider. You may view DoD Directive 1332.28 and other Decisional Documents by going online at " afls10.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:

  • NAVY | DRB | 2004_Navy | ND04-00696

    Original file (ND04-00696.rtf) Auto-classification: Denied

    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. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 19960703 under other than honorable conditions by reason of misconduct due to drug abuse (A).

  • NAVY | DRB | 2002_Navy | ND02-01168

    Original file (ND02-01168.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 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USNR (DEP) 900920 - 910716 COG Period of Service Under Review :Date of Enlistment: 910717 Date of Discharge: 941102 Length of Service (years, months, days):Active: 03 03 16 Inactive: None PART III – RATIONALE FOR DECISION AND PERTINENT...

  • NAVY | DRB | 2002_Navy | ND02-01119

    Original file (ND02-01119.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Character reference, dated May 21, 2002 Applicant's DD Form 214 Eighteen pages from Applicant's service record PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USNR (DEP) 871214 - 881010 COG Active: None Period of Service Under Review :Date of Enlistment: 881011 Date of Discharge: 920805 Length of Service...

  • NAVY | DRB | 2002_Navy | ND02-01227

    Original file (ND02-01227.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant's DD Form 214 (Member 1 and 4) Twenty-three pages from Applicant's service PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USNR (DEP) 870123 - 870218 COG Active: None Period of Service Under Review :Date of Enlistment: 870219 Date of Discharge: 920714 Length of Service (years, months, days):Active:...

  • NAVY | DRB | 2001_Navy | ND01-00015

    Original file (ND01-00015.rtf) Auto-classification: Denied

    861219: Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by your nonjudicial punishment fro attempting to smoke marijuana and for the wrongful use of cocaine.861219: Applicant advised of his 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...

  • NAVY | DRB | 2002_Navy | ND02-01015

    Original file (ND02-01015.rtf) Auto-classification: Denied

    990225: Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use). 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: Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question. At this time, the Applicant has not provided sufficient...

  • NAVY | DRB | 1999_Navy | ND99-00968

    Original file (ND99-00968.rtf) Auto-classification: Denied

    921208: 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, recommended applicant be retained. 950407: 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...

  • NAVY | DRB | 2001_Navy | ND01-00797

    Original file (ND01-00797.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Letter from A___ M. M___ (Lee County Veterans Affairs Officer) Reference Letters (3) Copies of DD Form 214 (2) Copy of Police Record Check Letter PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: USN None Inactive: USNR (DEP) 951221 - 960625 COG Period of Service Under Review :Date of Enlistment: 960626 Date of...