Search Decisions

Decision Text

NAVY | DRB | 2004_Navy | ND04-00367
Original file (ND04-00367.rtf) Auto-classification: Denied


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


ex-QMSN, USN
Docket No. ND04-00367

Applicant’s Request
The application for discharge review was received on 20031219. 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 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 character of the discharge shall not change. The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630620.



PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues, as stated

 Applicant’s issues, as stated on the application:
1. “I respectfully request review for change of my discharge status. It occurred after seven years of honorable service consisting of continuous sea duty; cross-rating to critical rate; extension of original enlistment to meet command needs; re-enlistment into critical rating; deployment volunteer for months of commercial ship boarding/search activities at Gulf of Aqaba in support of Desert Sheild. My OTH discharge was based upon an incident that occurred while on approved leave and PCS travel time.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Bachelor of Arts Degree, dated May 16, 1998
Character reference, dated January 25, 2004
 Character reference, dated January 30, 2004
 Letter from Applicant, dated January 30, 2004
 Character reference, dated January 22, 2004

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     860430 - 860512  COG
          Active: USN                        860513 - 910809  HON
Period of Service Under Review :
Date of Enlistment: 910810               Date of Discharge: 940826
Length of Service (years, months, days):

          Active: 03 00 17
          Inactive: None

 Age at Entry: 31                          Years Contracted: 6
Education Level: 15                        AFQT: 92

 Highest Rate: QM2
Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.83 (6)    Behavior: 3.57 (6)                OTA: 3.77
Military Decorations: None
Unit/Campaign/Service Awards: SASM with Bronze Star, SSDR with 3 Bronze Stars, NDSM, BER, GCM

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630620.

 Chronological Listing of Significant Service Events :

940119:  NAVDRUGLAB, San Diego, CA, reported Applicant’s urine sample, received 940107, tested positive for THC.
940204:  NJP for violation of UCMJ, Article 112A: Wrongfully use a controlled substance on 940107.
         Award: Forfeiture of $500 per month for 2 months, restriction and extra duty for 45 days, reduction to E-4. No indication of appeal in the record.
940406:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense as evidenced by nonjudicial punishment on 940204 and misconduct due to drug abuse as evidenced by positive urinalysis of a sample obtained on 940121.
940406:  Applicant advised of rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
940607:  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. By a vote of 2 to 1, that the misconduct warranted separation, and the Board recommended separation be suspended for 6 months, and recommended Applicant be transferred to individual ready reserve. By a unanimous vote, the Board recommended discharge under other than honorable conditions.

940721:  Commanding Officer recommended discharge by reason of misconduct due to drug abuse. No recommendation for characterization provided.
940817:  BUPERS 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 19940826 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 positive aspects of the Applicant’s service do not mitigate his misconduct sufficient to warrant an upgrade to his discharge. 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 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. 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 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

  • NAVY | DRB | 1999_Navy | ND99-00948

    Original file (ND99-00948.rtf) Auto-classification: Denied

    Age at Entry: 25 Years Contracted: 4 Education Level: 12 AFQT: 66 Highest Rate: STG2 Final Enlisted Performance Evaluation Averages (number of marks): Performance: 4.00 (2) Behavior: 4.00 (2) OTA: 4.00 Military Decorations: None Unit/Campaign/Service Awards: NDSM, NRSSR, GCM Days of Unauthorized Absence: 2 Character, Narrative Reason, and Authority of Discharge (at time of issuance):UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630620. PART III –...

  • NAVY | DRB | 2004_Navy | ND04-00913

    Original file (ND04-00913.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. Decision A documentary discharge review was conducted in Washington, D.C. on 20041103. Navy Military Personnel Manual, (NAVPERS 15560C), Change 14, effective 03 Oct 96 until 11 Dec 97, Article 3630620 SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT - DRUG ABUSE.

  • NAVY | DRB | 1999_Navy | ND99-00424

    Original file (ND99-00424.rtf) Auto-classification: Denied

    ND99-00424 Applicant’s Request The application for discharge review, received 990203, requested that the characterization of service on the discharge be changed to general/under honorable conditions. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 970103 under other than honorable conditions for misconduct due to drug abuse (use) (A). After a thorough review of the records, supporting documents, facts, and circumstances unique to...

  • NAVY | DRB | 2001_Navy | ND01-00427

    Original file (ND01-00427.rtf) Auto-classification: Denied

    I am an individual who is proud of these accomplishments never to be taken from me, however, I have taken from self the honor I should have received and at this time I am trying to gain that by requesting an upgrade to my DD214 to Honorable Discharge. 940131: Applicant to unauthorized absence 0700, 31Jan94.940204: 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...

  • USMC | DRB | 2001_Marine | MD01-00914

    Original file (MD01-00914.rtf) Auto-classification: Denied

    MD01-00914 Applicant’s Request The application for discharge review, received 010703, requested that the characterization of service on the discharge be changed to general/under honorable conditions. 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). PART IV - INFORMATION FOR THE APPLICANT If you believe that the decision in your case is unclear, not responsive to...

  • NAVY | DRB | 1999_Navy | ND99-00861

    Original file (ND99-00861.rtf) Auto-classification: Denied

    ND99-00861 Applicant’s Request The application for discharge review, received 990614, requested that the characterization of service on the discharge be changed to honorable. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of DD Form 214 Applicant's Enlisted Performance Summary Record Letters of Recommendation from Person Pastor Letters of Recommendation from my Pastors and Partners Church Tithe and...

  • NAVY | DRB | 1999_Navy | ND99-00526

    Original file (ND99-00526.rtf) Auto-classification: Denied

    Decision A documentary discharge review was conducted in Washington, D.C. on 991213. Block 24, Character of Service, should read: "UNDER OTHER THAN HONORABLE CONDITIONS" vice "OTHER THAN HONORABLE", Block 25, Separation Authority, should read: "3630620" vice "3610240", and Block 28, Narrative Reason for Separation, should read: “Misconduct - Drug Abuse (Use)” vice “DISCHARGED DUE TO MISCONDUCT (DRUG USE)”, and. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The...

  • NAVY | DRB | 2001_Navy | ND01-00205

    Original file (ND01-00205.rtf) Auto-classification: Denied

    ND01-00205 Applicant’s Request The application for discharge review, received 001207, requested that the characterization of service on the discharge be changed to general/under honorable conditions. 850312: Applicant informed evaluated as a drug or alcohol abuser and placed in rehabilitation. 860221: Medical evaluation for drug abuse found the applicant to be an infrequent drug abuser, not drug dependent.

  • NAVY | DRB | 2001_Navy | ND01-00757

    Original file (ND01-00757.rtf) Auto-classification: Denied

    860308: 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 and commission of a serious offense, that the misconduct warranted separation, and recommended discharge under other than honorable conditions. 860401: CNMPC directed the applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use). Navy Military Personnel Manual,...

  • NAVY | DRB | 2004_Navy | ND04-00909

    Original file (ND04-00909.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general (under honorable conditions). Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:None PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USNR (DEP) 910221 - 910319 COG Active: None Period of Service Under Review :Date of Enlistment: 910319 Date of...