Search Decisions

Decision Text

NAVY | DRB | 2004_Navy | ND04-00418
Original file (ND04-00418.rtf) Auto-classification: Denied


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

ex-BUCR, USN
Docket No. ND04-00418

Applicant’s Request
The application for discharge review was received on 20040115. 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. The Applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040922. 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. “I feel that the command that I was with was too harsh, and if the procedures would have been explained to me I would have received an honorable discharge. I also feel that the 2 years that I did serve with the navy was served honorably.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Statement from Applicant, undated
Applicant’ s DD Form 214 (Member 1 and 4)
Letter from Applicant, undated
Character reference, dated February 2, 2004
Job/character reference, dated February 10, 2004
Letter from Applicant, undated
Eight pages from Applicant’s service record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     990812 - 000612  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 000613               Date of Discharge: 020307

 Length of Service (years, months, days):

         Active: 01 08 25
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 47

 Highest Rate: BUCA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (1)    Behavior: 2.00 (1)                OTA: 2.83

 Military Decorations: None

 Unit/Campaign/Service Awards: NER, SSDR

 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 1910-146, formerly 3630620.

 Chronological Listing of Significant Service Events :

010405:  NJP for violation of UCMJ, Article 92: Failure to obey a lawful written order.
         Award: Forfeiture of $584 per month for 2 months, restriction and extra duty for 45 days, reduction in rank. Reduction suspended for 6 month. No indication of appeal in the record. [Extracted from NAVPERS 1626/7, dated 020225.]
010405:  Retention Warning: No further information found in service record. [Extracted from Commanding Officer’s letter dated 020301.]

010522:  Applicant to Alcohol Treatment Facility, psychological screening report: Diagnostic impression: Axis I: Alcohol dependence with physiological dependence, R/O Major Depressive disorder vs bereavement, R/O Adjustment disorder. Axis II: Diagnosis (Borderline personality features).

010605:  Applicant to Alcohol Treatment Facility, Rota, Spain.

010706:  Applicant discharge from treatment. Final Diagnosis: Axis I: Alcohol dependence, with physiological dependence. Axis II: Diagnosis deferred (Borderline personality features)

 020222:  Applicant refused Drug and Alcohol treatment at a military treatment facility prior to discharge.

020301:  NJP for violation of UCMJ, Article 112A: Wrongful use of a controlled substance on 020110, to wit: cocaine.
         Award: Forfeiture of $550 per month for 2 months, restriction and extra duty for 45 days, reduction to E-1. Not appealed.
020301:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
020301:  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 and to submit a statement.
020301:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

020305:  Commander, Naval Air Warfare Center Weapons Division directed the Applicant's discharge under other than 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 20020307 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. Mandatory processing for separation is required for sailors who abuse illegal drugs. Separation under these conditions generally results in characterization of service under other than honorable conditions. The Applicant asserts, “if the procedures would have been explained to me I would have received an honorable discharge.” The Applicant waived her right to request an Administrative Board. Neither the submissions of the Applicant nor the evidence of record demonstrate that the Applicant was not responsible for her conduct or that she should not be held accountable for his actions. Relief denied.

The Applicant contends that she served the United States honorably. When the service of a member of the U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable. An Under Other Than Honorable Conditions discharge is warranted when significant negative aspects of a member's conduct or performance of duty outweigh the positive aspects of the member's military record. The Applicant’s service was marred by two nonjudicial punishment proceedings for two violations of Articles 92 and 112a of the UCMJ. The Applicant’s conduct, which forms the primary basis for determining the character of her service, reflects her willful failure to meet the requirements of her contract with the U.S. Navy and falls far short of that required for an upgrade of her characterization of service. Relief is not warranted.

The following is provided for the edification of the Applicant. Normally, to permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question. The Board discovered no impropriety after a review of Applicant’s case. 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.

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. 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


Similar Decisions

  • NAVY | DRB | 2006_Navy | ND0600906

    Original file (ND0600906.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. There is credible evidence in the record that the Applicant used illegal drugs, a violation of Article 112a of the UCMJ. You may view DoD Instruction 1332.28 and other Decisional Documents by going online at “ http://Boards.law.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...

  • NAVY | DRB | 2004_Navy | ND04-00853

    Original file (ND04-00853.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 19980415 with a general (under honorable conditions) for misconduct due to drug abuse (A). As of this time, the Applicant has not provided any documentation for the Board to consider.

  • NAVY | DRB | 1999_Navy | ND99-00324

    Original file (ND99-00324.rtf) Auto-classification: Denied

    This investigation has been conducted under suspected violations of Article 112 (a) of the UCMJ, Narcotics.971218: Drug and Alcohol Abuse Report: Cocaine possession and abuse ashore, off duty, 971015, medical. Based on the findings of the Administrative Board and with the separation authority granted to me in reference (a), ICFN (applicant) is hereby discharged from the naval service with a characterization of General (Under Honorable Conditions). PART III – RATIONALE FOR DECISION AND...

  • NAVY | DRB | 2004_Navy | ND04-01195

    Original file (ND04-01195.rtf) Auto-classification: Denied

    ND04-01195 Applicant’s Request The application for discharge review was received on 20040721. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. _______________________________________________________________________ In accordance with Title 32, CFR, Section 724.166 and SECNAVINST 5420.174D, Part I, Paragraph 1.20, The American Legion submits to the Naval Discharge Review Board (NDRB or Board) the above issue and following...

  • NAVY | DRB | 1999_Navy | ND99-01248

    Original file (ND99-01248.rtf) Auto-classification: Denied

    Alcohol was an every day part of my life. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Statement form applicant Copy of DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USNR (DEP) 960530 - 961104 COG Period of Service Under Review :Date of Enlistment: 961105 Date of Discharge: 980918 Length of Service (years, months,...

  • NAVY | DRB | 2004_Navy | ND04-01227

    Original file (ND04-01227.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 Travel certificate, separation without orders, dated November 10, 1998 Applicant’s United States Army-RA DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: USA 790322 - 820917 HON Inactive: USNR-R 851230 - 860407 COG Active: USNR 860408 - 900404 HON USNR 900405 - 940126 HON...

  • NAVY | DRB | 2006_Navy | ND0600662

    Original file (ND0600662.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). Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 (Member 4)Applicant’s Statement PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USNR (DEP) 20030926 - 20031026 COG Active: None...

  • NAVY | DRB | 2003_Navy | ND03-00222

    Original file (ND03-00222.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. Chronological Listing of Significant Service Events : 980721: Applicant reenlisted for two years.981208: BUPERS for departmental review recommending a second period of limited duty for 6 months to expire 990515.990513: Applicant self-referred for alcohol treatment. At this time, the Applicant has not provided any documentation for the Board to consider.

  • NAVY | DRB | 2003_Navy | ND03-00845

    Original file (ND03-00845.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 acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing. No indication of appeal in the record.010806: Punishment of 45 days restriction and 45 days extra duty previously suspended at CO’s NJP of 010405 vacated due to continued...

  • NAVY | DRB | 2005_Navy | ND0500012

    Original file (ND0500012.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. 020503: 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. The NDRB is authorized, however, to consider post-service factors in...