Search Decisions

Decision Text

NAVY | DRB | 2004_Navy | ND04-01332
Original file (ND04-01332.rtf) Auto-classification: Denied


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

ex-FA, USN
Docket No. ND04-01332

Applicant’s Request
The application for discharge review was received on 20040823. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a documentary record review. The Applicant listed the American Legion as his representative on the DD Form 293.

 Decision

A documentary discharge review was conducted in Washington, D.C. on 20050201. 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. Aside from the drugs, my service record was satisfactory, and so warrants an upgrade to Honorable.
2. I was never involved in selling or trafficking of drugs, and so warrants an upgrade to Honorable.
3. My record of AWOL/UA indicates only minor or isolated offences, and so warrants an upgrade to Honorable.

The above-mentioned arguments pertain to my case for an upgrade to “Honorable Discharge.” I was discharged on Oct. 31, 2003. The reason I was given for my discharge was UA, and illegal use of narcotics.
I went UA on Aug. 30, 2003, and turned myself in on Sept. 29, 2003. My reason for leaving was due to the fact that I was having marital problems caused by my wife and I being separated for such long periods of time. I did not plan on going UA, however at the time I felt 1 needed to do whatever it took to save my marriage. I requested help from chaplains and other means of counseling, however nothing seemed to work.
On the matter of illegal use of drugs, I had never had a problem with drug use in the past. This was an isolated incident, which was brought on by my severe depression due to the marital problems I was unsuccessfully trying to deal with. Looking back, I can see that this was a very costly and foolish decision.
Other than the above-mention violations, my service record was satisfactory. Therefore I respectfully request that you review my record and hopefully authorize an upgrade to Honorable Discharge, so that I may re-enter and finish my term and serve my country.
Thank you for your time and consideration.”

 No additional issues were submitted by the Applicant’s representative.

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Letter from the American Legion

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     020627 - 020930  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 021001               Date of Discharge: 031031

 Length of Service (years, months, days):

         Active: 01 01 00
         Inactive: None

 Age at Entry: 21                          Years Contracted: 4

Education Level: 12                        AFQT: 36

 Highest Rate: FA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.00 (1)             Behavior: 1.00 (1)                OTA: 2.17

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: 31

 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 :

031008:  Summary Court-Martial.
 Charge I. Violation of UCMJ, Article 85: Desertion.
Charge II. Violation of UCMJ, Article 86: UA from 030830 - 030930.
Charge III. Violation of UCMJ, Article 112a: Wrongful use of a controlled substance.
Finding. Not guilty to Charge I, Guilty to Charges II and III.
Sentence. Confinement for 30 days, reduction to E-1.
CA Action: 031008. Approved and ordered executed.
031008:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse and misconduct due to commission of a serious offense.
031008:  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights.
031017:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse and due to the commission of a serious offense.

031020:  Commander, Carrier Group Five 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 20031031 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).

 Issues 1-3. The Applicant received a summary court-martial for unauthorized absence and illegal drug use. Even one instance of drug abuse warranted processing for separation. Separation under these conditions generally results in characterization of service under other than honorable conditions. While he may feel that his marital problem at the time was a factor that contributed to his actions, the record clearly reflects his disregard for the requirements of military discipline and demonstrated that he was unfit for further service. 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 NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces. Neither a less than fully honorable discharge nor an unfavorable “RE” code is, in itself, a bar to reenlistment. A request for waiver is normally done only during the processing of a formal application for enlistment through a recruiter.

The Applicant’s discharge characterization accurately reflects his service to his country. The discharge was proper and equitable. Normally, to permit relief, an inequity or impropriety must have existed during the period of enlistment in question. No such inequity or impropriety is evident 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. 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 | 2003_Navy | ND03-00220

    Original file (ND03-00220.rtf) Auto-classification: Denied

    ND03-00220 Applicant’s Request The application for discharge review, received 20021121, requested that the characterization of service on the discharge be changed to general/under honorable conditions. Based on the aforementioned information and the seriousness of the offense, he has no further potential in the U.S. Navy and therefore, I recommend that he is separated from the Naval service and the characterization of service be Under Other Than Honorable.”020124: Commander, Navy Region,...

  • NAVY | DRB | 2003_Navy | ND03-01209

    Original file (ND03-01209.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. Documentation In addition to the service record, ONLY PARTIAL DISCHARGE PACKAGE AVAILABLE, the following additional documentation, submitted by the Applicant, was considered:Applicant’ s DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USNR (DEP) 000825 - 010116 COG Active: USN None Period...

  • 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 | 2004_Navy | ND04-01139

    Original file (ND04-01139.rtf) Auto-classification: Denied

    ND04-01139 Applicant’s Request The application for discharge review was received on 20040707. I was informed that she could get medical attention in the Navy. Additionally, the summary of service clearly documents that misconduct due to drug abuse was the reason the Applicant was discharged.

  • NAVY | DRB | 2003_Navy | ND03-00398

    Original file (ND03-00398.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. 020228: Commander, SECOND Naval Construction Brigade authorized the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse. 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...

  • NAVY | DRB | 2005_Navy | ND0500258

    Original file (ND0500258.rtf) Auto-classification: Denied

    The Applicant requested the characterization of service received at the time of discharge be changed to honorable. “I am asking the Board to conduct a review of my records base on my military Personnel file and upgrade my Discharge to Honorable. Based upon her misconduct, I believe that MSSR W____ has no potential for further naval service and recommended that she be separated with an Other Than Honorable discharge.

  • NAVY | DRB | 2001_Navy | ND01-01023

    Original file (ND01-01023.rtf) Auto-classification: Denied

    The Naval Discharge Review Board (NDRB) also advised that the board first conducts a documentary review prior to any personal appearance hearing. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 981122 general under honorable conditions for misconduct due to drug abuse (use) (A). No other narrative reason for separation more clearly describes the conditions surrounding his discharge.

  • NAVY | DRB | 2003_Navy | ND03-00539

    Original file (ND03-00539.rtf) Auto-classification: Denied

    No further information in service record. 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. 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.

  • NAVY | DRB | 2002_Navy | ND02-00072

    Original file (ND02-00072.rtf) Auto-classification: Denied

    Me and my wife at that time had sleeked help from my son at many different doctors to try to figure out what caused him to be born the way he was and with as many problems. 000504: Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).000523: Commander, Naval Surface Force, U.S. Atlantic Fleet directed the applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use). PART...

  • NAVY | DRB | 2000_Navy | ND00-00676

    Original file (ND00-00676.rtf) Auto-classification: Denied

    I am trying to get back into the service, attend college, straighten out my life, but for past two months I haven't gone far. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Letters from Applicant (2) Photograph Copies of DD Form 214 (2) PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: USN None Inactive: USNR (DEP) 990204 - 990217 COG Period of Service...