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NAVY | DRB | 2004_Navy | ND04-00555
Original file (ND04-00555.rtf) Auto-classification: Denied


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

ex-IT3, USN
Docket No. ND04-00555

Applicant’s Request
The application for discharge review was received on 20040219. 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. “My discharge was inequitable based on the length of prior honorable service.

Ladies and Gentlemen of the Board: If there was ever a chance to take back a mistake I have made in my life then my discharge would be the one. I’ve been living this low point in my life since separation from the military. The amount of money (retirement, health benefits and job opportunities) this discharge has cost me has more than paid for this mistake.

The stressful condition that caused this mistake was the short amount of time off (leave) the Navy granted to me prior to my units deployment. I had to re-locate my family from one state to another during this time. I declined a board hearing and shamefully took my discharge to be with my family.

In summary: I had made a grave mistake and I am asking that members of the board review my military record and cite this as being a good reason to change my discharge to honorable. I have no strong evidence to support my claim. I’m merely appealing to your humanity and good judgment. I have kept the military values the Navy has taught me and I maintain myself in good status with the law and my security guard job.”

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214 (3)
Ltr from Applicant dtd 040825
Supervisor screening dtd 000524, 3 pages
MSG dtd 000510, 3 pages
Applicant’s performance evaluation dtd 000328
Special request chit
Score transcript

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive:        USNR (DEP)       830210 - 830807  COG
 Active:          USN               890807 - 941006  HON
Inactive:        USNR              960125 – 960228  Enlist DEP
Inactive:        USNR (DEP)       960229 – 960612  To enlist USN
Active:          USN               960613 – 990728  HON
Period of Service Under Review :
Date of Enlistment: 990729               Date of Discharge: 000714

 Length of Service (years, months, days):

         Active: 00 11 15
         Inactive: None

 Age at Entry: 35                          Years Contracted: 3 (4 month extension)

 Education Level: 12                        AFQT: 44

 Highest Rate: RM2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.00 (1)    Behavior: 4.00 (1)                OTA: 3.86

 Military Decorations: None

 Unit/Campaign/Service Awards: AFEM, SSDR (2), NER, HSM, NDSM, NGCM (4)

 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 :

990729:  Reenlisted for a term of three years.


000523:  NAVDRUGLAB report [date extracted from CO’s message of 000610.

 000527:  NJP for violation of UCMJ, Article 112a: Wrongful use of a controlled substance [cocaine and methamphetamine].
         Award: Forfeiture of $778 per month for 2 month(s), restriction and extra duty for 45 days, reduction to E-4. No indication of appeal in the record.
000601:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by Navy drug lab, San Diego, CA Message.
000601:  Applicant advised of rights and having elected not to consult, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation. [Extracted from CO’s message of 000610]
000610:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use). Commanding Officer’s comments [IT3 J_ has performed well while attached to this command. His chain of command was surprised at this incident. However, his blatant disregard for the Navy’s zero tolerance policy is not tolerable.]

000619:  CNMPC 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 20000714 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 Applicant contends that his drug use in the Navy can be attributed to the stress associated with “re-locate his family.” While he may feel that his family responsibilities were the underlying cause of his misconduct, the record clearly reflects his willful misconduct and demonstrated he was unfit for further service. The evidence of record did not show that the Applicant was either 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 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. The Applicant can provide documentation to support any claims of post-service accomplishments or any other evidence related to his discharge at that time. 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 27, effective 27 March 2000 - 11 Feb 2001, 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



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