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NAVY | DRB | 2004_Navy | ND04-00617
Original file (ND04-00617.rtf) Auto-classification: Denied


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

ex-ETSN, USN
Docket No. ND04-00617

Applicant’s Request
The application for discharge review was received on 20040303. 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 20041103. 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. “To Whom It May Concern:
“Other than honorable” is the type of discharge I received in May of 1995 . Indeed, the title fits, as the actions that led to my premature discharge were anything but honorable. My request for upgrade in discharge to honorable is in no way based on what I deserve. The judgment was accurate. My request is based solely in the hope that there is mercy to be had within the Department of Defense for those seeking reconciliation and restoration.
My discharge does not reflect the man I am today, and will forever be a scar that I look on with shame. I believe an upgrade would act as a restorative ointment. I believe it would also act as to perpetuate the honor produced by my life, as my future is charted with plans to continue growing in value to my society. In short, I feel that an upgrade to “honorable” would be consistent with the life I live today, and would be an investment that would enable me to be worth more to my country, as I look to the future with restored vision.
Since my discharge I have developed into a citizen who does live honorably. Not long after I was discharged, I began to pursue an education and sought to restore my life. I committed myself to marriage, and have been happily married for the past 8 years. Shortly after our marriage, we began to build a family, and joined a United Methodist Church. My grades in the early years of undergraduate work earned me a full scholarship to a private liberal arts college. My involvement with the church was such that my pastor’s Superintendent approached me with the recommendation of becoming a pastor myself I did feel led in this direction, and after much prayer, I accepted.
I worked through the rest of my undergraduate studies as a student local pastor of the United Methodist Church. Not only did I continue to maintain high grades that kept me in various National Honor Societies, but also the two churches I served as a student doubled in attendance and youth activity. I have also been active in the communities for which I served. I was asked by the Orange Grove Chamber of Commerce (Gulfport, MS) to serve as their chaplain. I opened Realtor Association meetings with prayer. I have also been the coach of my Sons’ (the apostrophe after the s is intentional as I now have 4 sons, and one daughter) tee-ball team for three consecutive years.
Eventually, I graduated, with the honors of Cum Laude . My District Superintendent, as well as others, encouraged me to pursue a Master of Divinity to eventually become ordained as an Elder in the UMC. I took his advice and was accepted into Duke University with an academic scholarship. I am attending Duke with a 75 percent academic scholarship, as well as a grant totaling 100 percent of tuition. I am currently into my second year at Duke University, and am still serving as a student pastor in a rural community outside of Durham, NC. My life has indeed taken a turn in an honorable direction. If you could meet my family today you would be proud.
The road ahead is filled with even more opportunities. I am looking ahead of my Master level work into opportunities for Ph.D. This would indeed equip me to serve at a higher level. However, providing for five children and a wife on a student pastor’s salary is hard enough without the burden of a Ph.D. level studies. An Honorable Discharge would qualify me for the GI Bill that I invested into while in active duty. That money would aid my efforts to obtain PH.D. studies. My higher education would always be used in an honorable way, directed by the highly moral service to society for which the United Methodist Church is known. I would also like to teach in a university setting, encouraging our younger generation to place value in education and moral living. As you well know, a VA loan would also be possible, with which I would invest in a better home for my family. Ultimately, I would feel free to encourage others to pursue work in the Department of Defense, including my own children, for because of my self-afflicted wounds of the past I feel restricted.

My father was an officer in the Navy, my brother was a Petty Officer, and my uncle is currently a Chief I have a family lineage even longer than mentioned above of those who served in the DOD . I am the only one who was not discharged honorably. My “Other than Honorable” discharge is something that I am utterly ashamed of. The men and women that I served with were honorable. The institution of the Navy is honorable. I wish I could erase my actions that served only to decrease their honor. The fact that I do not deserve this request is understood. And so I make this plea with all humility. Look at the person that I have become. You might see that I have restored to the Navy whatever honor I took away. Please, restore my honor. Look at the person that I am striving to become. Please , aid me in becoming that person.”

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Letter of Support from Pastor, J_ O_, dated July 2, 2003
Letter of Recommendation from H_ G. W_, dated June 21, 2003
Letter of Reference from L_ W. J_, President, Chamber of Commerce, dated December 15, 2003
Academic History Listing
Copy of Bachelor of Arts Degree from William Carey College, dated May 12, 2001
Copy of Transcript from William Carey College
Copy of Academic History Listing
Copy of Pastoral Ministry License
District Superintendent (or Equivalent) Pastor Student Evaluation (2 pages)
Ministry Assessment Form

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     910226 - 910818  COG
         Active: USN                        None

 Period of Service Under Review :
Date of Enlistment: 910819               Date of Discharge: 950320

 Length of Service (years, months, days):

         Active: 03 07 02
         Inactive: None

 Age at Entry: 17                          Years Contracted: 4 (24 months extension)

 Education Level: 12                        AFQT: 78

 Highest Rate: ET3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.55 (4)    Behavior: 3.60 (4)                OTA: 3 .80

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, M16 Marksman, LOA

 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 :

920410:  Retention Warning: Advised of deficiency (Violation of the UCMJ, Article 92-consuming alcoholic beverages while under the age 21), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

920410:  NJP for violation of UCMJ, Article 92: On or about 920409, failure to obey a lawful order (underage drinking).
         Award: Forfeiture of $150.00 pay per month for 1 month, restriction and extra duty for 15 days. No indication of appeal in the record.

920501:  Applicant awarded Certificate of Completion for the Navy Alcohol and Drug Safety Action Program (NADSAP) class.

930503:  NJP for violation of UCMJ, Article 86: (3 Specifications), Failure to go to appointed place of duty, Specification 1: On or about 930317 failed to go to appointed place of duty at 20 th NCR warehouse #21; Specification 2: On or about 2330, 930416 failed to go to appointed place of duty at 20 th NCR 2330-0700 messenger of the watch; Specification 3: On or about 0630, 930422 failed to go to appointed place of duty at 20 th NCR R504.
         Award: Correctional Custody for 30 days, reduction to E-3. No indication of appeal in the record.

 940414:  Request for restoration of rate.

941103:  Reinstatement to ET3 approved.

 941205:  NAVDRUGLAB, Jacksonville, FL, reported Applicant’s urine sample, received 941128, tested positive for [cocaine].
941208:  DAAR indicates cocaine abuse as a result of a random urinalysis.

941215:  NJP for violation of UCMJ, Article 112a Wrongful use of a controlled substance.
Award: Forfeiture of $531.90 pay per month for 2 months, restriction and extra duty for 30 days, reduction to E-3. No indication of appeal in the record.
941221:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by NJP held on 941215.
941222:  Applicant advised of rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
950131:  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.

950209:  DAAR indicates cocaine abuse as a result of a random urinalysis, found not dependent, is amenable and eligible for Level I treatment, recommended for separation not via VA hospital.
950213:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse.

950308:  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: In the Applicant’s case, the Board could discern no impropriety or inequity and therefore considered the Applicant’s discharge proper and equitable. A characterization of service of under other than honorable conditions is warranted when the service member’s conduct constitutes a significant departure from that expected of a Sailor. The Applicant’s service record is marred by award of non-judicial punishment (NJP) on three separate occasions for violating the UCMJ, Articles 86, 92 and 112a thus substantiating the misconduct . The Applicant’s summary of service clearly reflects the Applicant ’ s disobedience of the orders and directives that regulate good order and discipline in the naval service, and demonstrated he was unsuitable for further service. An upgrade to honorable would be inappropriate. Relief denied.

The Veterans Administration determines eligibility for post-service benefits not the Navy Discharge Review Board (NDRB). There is no requirement or law that grants recharacterization solely on the issue of obtaining Veteran’s benefits and this issue does not serve to provide foundation upon which the Board can grant relief.

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. E vidence of a positive employment record, a drug free lifestyle, and non-involvement with civil authorities are examples of verifiable proof that can be submitted. At this time, the Board determined that the documentation submitted by the Applicant does not mitigate his misconduct while on active duty.

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 . 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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