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NAVY | DRB | 2004_Navy | ND04-00454
Original file (ND04-00454.rtf) Auto-classification: Denied


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


ex-HT3, USN
Docket No. ND04-00454

Applicant’s Request
The application for discharge review was received on 20040127. 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 3630620.
PART I - APPLICANT’S ISSUES AND DOCUMENTATION

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

 1. “IN MARCH OF 1995 I WAS DISCHARGED UNDER OTHER THAN HONORABLE CONDITION BECAUSE OF A SINGLE STUPID ACT ON MY PART OUT OF 6 YRS OF GOOD SERVICE. A FEW MONTHS BEFORE MY DISCHARGE I WAS GOING THROUGH A MESSY DIVORCE FROM ANOTHER SERVICE MEMBER AND ALSO GOING THROUGH CUSTODY FIGHTS FOR MY CHILDREN. ON NEW YEARS EVE OF 1995 I ATTENDED A PARTY AND EXPERIMENTED IN ILLEGAL DRUG USE AFTER GETTING INTOXICATED ON ALCOHOL. I ATTEMPTED TO DRIVE HOME THAT NIGHT AND WAS ARRESTED FOR DUI WITH A 1.0 BAC. I WAS THEN FOUND WITH ILLEGAL DRUGS FROM URINALISIS THE NEXT DAY FROM MY COMMAND. THIS WAS THE WORST DAY OF MY LIFE, BECAUSE NOT ONLY DID I LOSE MY FAMILY BUT ALSO MY MILITARY CAREER. I LOVED BEING IN THE NAVY. I BELIEVE MY SERVICE RECORD WILL SHOW THAT I WAS AN OUTSTANDING SAILOR UNTIL THIS VERY COSTLY MISTAKE. IF IT WERE NOT FOR THIS MISTAKE I WOULD SURELY STILL BE SERVING MY COUNTRY TO THIS DAY. I AM ASKING THE BOARD TO UPGRADE MY DISCHARGE FOR THE SIX YEARS OF OUTSTANDING SERVICE BEFORE THIS INCEDENT, NOT BECAUSE I AM SEEKING BENEFITS BUT FOR MY OWN PEACE OF MIND. SINCE MY DISCHARGE I HAVE CONTINUED ON IN THE FIELD THAT I HAD WHILE I WAS AN HT2 AND DC3. SINCE MY DISCHARE I HAVE WORKED FOR SHIPYARDS, METAL FABRICATION SHOPS AND AM NOW A JOURNEYMAN IRON WORKER WITH LOCAL UNION 378. ALL OF THESE POSITIONS REQUIRED A PRE EMPLOYMENT DRUG SCREEN WHICH I PASSED DUE TO A VALUABLE LESSON THAT I LEARNED. IN CLOSING I REQUEST THE BOARD TO CONSIDER MY 4.0 EVALUATIONS, B.O.O.S.T. SELECTION, “A” SCHOOL AND “C” SCHOOL CERTIFICATES AS WELL AS THE MANY P.Q.S. QUAL THAT I HELD. I HAVE ALSO TRAINED COUNTLESS SHIPMATES IN FIREFIGHTING AND SHIPBOARD DAMAGE CONTROL. MANY OF THESE SAILORS COULD STILL BE ON ACTIVE DUTY AND ARE TRAINING TODAYS SAILORS WITH KNOWLEDGE PASSED ON FROM MY EXPERIENCE. PLEASE BELIEVE THAT I HAVE ALREADY SUFFERED MORE THAN YOU WILL EVER KNOW BECAUSE I WAS ACTUALLY PROUD TO BE CALLED A “LIFER”

SINCERELY
L_ C_ (Applicant)




Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
On the DD Form 293, the Applicant indicated he submitted documents entitled “work history” for review, but none were found.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     880429 - 881003  COG
          Active: USN                        881004 - 940512  HON

 Period of Service Under Review :
Date of Enlistment: 940513               Date of Discharge: 950320

 Length of Service (years, months, days):
         Active: 00 11 03
          Inactive: None
Age at Entry: 24                          Years Contracted: 4

 Education Level: GED              AFQT: 84
Highest Rate: HT3

 Final Enlisted Performance Evaluation Averages (number of marks):
Performance: NMF*                 Behavior: NMF             OTA : NMF

 Military Decorations: None
Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: None
*No marks found for this period of service.
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
940513:  Reenlisted for 4 years.
941231:  Arrested by civil authorities for DUI. Arraignment set for 950407.
         [Extracted from CO’s USS CALLAGHAN’S MSG 1502137 MAR 96]
950216:  NJP for violation of UCMJ, Article 112a: Wrongful use of cocaine on or about 941231.
         [Extracted from CO’s USS CALLAGHAN’S MSG 1502137 MAR 96]

 950217:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by a positive urinalysis (cocaine).

950222:  Applicant advised of right, consulted with counsel, elected all right including Administrative Board.
950314:  Applicant advised of rights and having elected having consulted 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.
950315:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. Commanding Officer’s comments: Despite a solid start in Callaghan, HT3 C_ (Applicant) decision to use cocaine is indicative of a lifestyle choice inconsistent with continued naval service this is further manifested in the lies and attempted manipulation of the chain of command which followed his positive urinalysis. His presence is antithetical to good order and discipline in repair division. HT3 C_ (Applicant) has declined chemical dependency treatment. Recommend separation under other than honorable conditions.
950320:  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 19950320 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 evidence of record does not demonstrate that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions. Relief denied.

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 any 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 . 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



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