Search Decisions

Decision Text

NAVY | DRB | 2004_Navy | ND04-00470
Original file (ND04-00470.rtf) Auto-classification: Denied


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


ex-IC3, USN
Docket No. ND04-00470

Applicant’s Request
The application for discharge review was received on 20040120. 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 20050107. 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 request that a DD 214 be issued from my first period of service to reflect an honorable discharge. My first enlistment was from August 7, 1997 to August 8, 2001. At that time I re-enlisted.
2. I request that my DD 214 from my second period of enlistment be changed to General under Honorable Conditions. The recent discharge on August 29, 2003 does not adequately reflect the quality of my service in the Navy. I had six productive years with the Navy and my first tour between 1997 and 2001 was of an honorable nature. My prior evaluations were good enough to allow me the opportunity of reenlisting. I recognize the need for zero tolerance of drug abuse in the military, however I believe the decision to discharge me under Other than Honorable conditions does not recognize that I did serve in a productive manner for six years.
Thank You!”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (2)
Letter from Veteran’s Service Office of Contra Costa County, CA

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     970429 - 970806  COG
          Active: USN                        970807 - 010926  HON
Period of Service Under Review :
Date of Enlistment: 010927               Date of Discharge: 030829

 Length of Service (years, months, days):
         Active: 01 11 03
          Inactive: None
Age at Entry: 27                          Years Contracted: 3

 Education Level: 12                        AFQT: 61
Highest Rate: IC2

 Final Enlisted Performance Evaluation Averages (number of marks):
Performance: 3.00 (3)             Behavior: 2.67 (3)                OTA: 2.81

 Military Decorations: None
Unit/Campaign/Service Awards: SSDR (2d), NUC, AFEM, NATO, GCA, NDSM

 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 :

030711:  NAVDRUGLAB, San Diego, CA, reported Applicant’s urine sample, received 030708, tested positive for cocaine.
030724:  NJP for violation of UCMJ, Article 112a: Wrongful use of drugs on or about 030703.
         Award: Restriction and extra duty for 45 days, reduction to E-4. No indication of appeal in the record.
030728:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
030728:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
030812:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. Applicant was screened and found to be a drug abuser. He is receiving two week outpatient treatment.
030814:  COMPHIBGRU THREE 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 20030829 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. The Board is recommending to the Commander, Naval Personnel Command, Millington, TN, that the Applicant’s DD Form 214 be corrected or reissued, as appropriate, to reflect his continuous honorable active period of service.
Issue 2. 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 record do not mitigate his misconduct to a degree that would warrant relief to his characterization of service. Relief denied.
The Applicant’s discharge characterization accurately reflects his service to his country for the period of service under review. 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, 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. 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 . 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 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

C. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety .
D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity .

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 “ 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 records by writing to:

                  Secretary of the Navy Council of Review Boards
                   Attn: Naval Discharge Review Board
                   720 Kennon Street SE Rm 309
                   Washington Navy Yard DC 20374-5023

Similar Decisions

  • NAVY | DRB | 2004_Navy | ND0401382

    Original file (ND0401382.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. Now that turn my life to God, I am living a better life. You may view DoD Directive 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 records by writing to:

  • NAVY | DRB | 2006_Navy | ND0600059

    Original file (ND0600059.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION 030728: Commanding Officer, USS ABRAHAM LINCOLN, made a recommendation to Commanding Officer, COMCRUDESGRU THREE, regarding Applicant’s administrative processing due to drug abuse. 030729: COMCRUDESGRU THREE, directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse.

  • NAVY | DRB | 2004_Navy | ND04-00745

    Original file (ND04-00745.rtf) Auto-classification: Denied

    030911: 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 general (under honorable conditions). Normally, to permit relief, a procedural impropriety or inequity must have been found to have existed during the period of enlistment in question. At this time, the applicant has not provided sufficient...

  • NAVY | DRB | 1999_Navy | ND99-00513

    Original file (ND99-00513.rtf) Auto-classification: Denied

    ND99-00513 Applicant’s Request The application for discharge review, received 990301, 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 980519 under other than honorable conditions for misconduct due to drug abuse (use) (A). The applicant’s first issue (equity) states the discharge authority did not consider his 33 months...

  • NAVY | DRB | 1999_Navy | ND99-01027

    Original file (ND99-01027.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 Copy of Evaluation Report and Counseling Record for 97Mar01 to 97Jun03 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USNR (DEP) 960112 - 960314 ELS USNR (DEP) 960318 - 960319 COG Period of Service Under Review :Date of Enlistment: 960320 Date of Discharge: 980515 Length of...

  • NAVY | DRB | 2004_Navy | ND04-00799

    Original file (ND04-00799.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION No indication of appeal in the record.031215: Applicant discharged under other than honorable conditions by reason of misconduct due to drug abuse per Separation Authority 1910-146 [Extracted from DD Form 214].NO DISCHARGE PACKAGE AVAILABLE PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 20031215 under other than honorable conditions for misconduct due to drug abuse (A). You may view DoD...

  • NAVY | DRB | 2001_Navy | ND01-00949

    Original file (ND01-00949.rtf) Auto-classification: Denied

    Naval Activities, Spain directed the applicant's 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. 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...

  • NAVY | DRB | 2005_Navy | ND0500192

    Original file (ND0500192.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable or general (under honorable conditions). PART I - APPLICANT’S ISSUES AND DOCUMENTATION I am more responsible person now when I was in my personality was not responsible.

  • NAVY | DRB | 2000_Navy | ND00-00412

    Original file (ND00-00412.rtf) Auto-classification: Denied

    ND00-00412 Applicant’s Request The application for discharge review, received 000210, requested that the characterization of service on the discharge be changed to general/under honorable conditions. I ask please grant me this upgrade so that I can get a good job and take care of my family. At this time, the applicant has not provided any documentation of good character and conduct.

  • NAVY | DRB | 1999_Navy | ND99-01254

    Original file (ND99-01254.rtf) Auto-classification: Denied

    980715: 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. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 980814 under other than honorable conditions for misconduct due to drug abuse (use) (A). After a...