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NAVY | DRB | 2004_Navy | ND04-01181
Original file (ND04-01181.rtf) Auto-classification: Denied


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


ex-AN, USN
Docket No. ND04-01181

Applicant’s Request
The application for discharge review was received on 20040722. 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 review was conducted in Washington, D.C. on 20050118. 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:

 “Issue #1 Respectfully requesting my discharge to be change to a general discharge on the grounds that the incident happened when I wasn’t in good mental health.

Issue #2 The incident was the only negative thing in my military record. In the 50 months I served my country this one incident shouldn’t have ended my journey.

 Issue #3 I never have been in trouble once the two years I served until the incident. One dumb day shouldn’t have ruined my military carrer.
Issue #4 I’m in better mental heath, and have grown mentaly. I’m currently in college.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Academy of Court Reporting, Academic Transcript
Thank You Note
 Letter of Appreciation

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     990810 - 990818  COG
          Active: None
Period of Service Under Review :
Date of Enlistment: 990819               Date of Discharge: 011022

 Length of Service (years, months, days):

         Active: 02 02 04
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4 (12 months extension)
Education Level: 12                        AFQT: 32

 Highest Rate: AN
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 in record
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 :

000112:  Commanding Officer recommended a waiver and retention in the Naval service despite Applicant’s processing by reason of fraudulent enlistment.
000118:  Commander, Strategic Communications Wing ONE, granted waiver for Applicant’s retention in the Naval service despite her fraudulent enlistment.

 000204:  Retention Warning: Advised of deficiency (withholding information during the application process prior to enlisting into the naval service), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

 010927:  Medical evaluation: Applicant diagnosed with occupational problem, major depressive disorder, moderate.

011002:  Commander, Strategic Communications Wing ONE, directed the Applicant’s discharge under other than honorable conditions by reason of misconduct due to drug abuse.
Complete discharge package unavailable

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20011022 under other than honorable conditions for misconduct due to drug abuse (A). After a thorough review of the available records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (B and C). The presumption of regularity of governmental affairs was applied by the Board in this case in the absence of a complete discharge package (D).

Issue 1: Normally, to permit relief, an impropriety or inequity must have existed during the period of enlistment in question. No such impropriety or inequity is evident during the Applicant’s enlistment. That Applicant requests an upgrade in the characterization of her service due to her poor mental health at the time of her misconduct. The Applicant bears the burden of overcoming the presumption of regularity in government affairs through the presentation of substantial and credible evidence to support her issues. The Applicant has submitted no documentation or other evidence to show this Board why she should not be held accountable for her misconduct or should not be considered responsible for her actions. While the record does contain some evidence that the Applicant suffered from moderate depression during her enlistment, there is no evidence which suggests that this condition played any role in her subsequent misconduct or that she should be relieved of liability for her wrongdoings. The policy of the Naval service is m andatory separation processing for sailors who abuse illegal drugs. Separation under these conditions generally results in characterization of service under other than honorable conditions. Based upon available records, nothing indicates that the Applicant’s discharge was in any way inconsistent with the standards of discipline in the United States Navy. As such, the Board found the discharge to be proper and equitable as issued. Relief denied.

Issues 2 and 3: Despite a servicemember’s prior record of service, certain serious offenses, even though isolated, warrant separation from the Naval service in order to maintain proper order and discipline. 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. T he Applicant’s service was marred by a violation of Article 112a of the UCMJ for admitted drug use. 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. Such conduct falls far short of that expected of a member of the U.S. military and does not meet the requirements for an upgrade of her characterization of service. Relief is not warranted.
Issue 4: 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 her 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 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 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety .
C. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity .
D. 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.

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


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