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NAVY | DRB | 2004_Navy | ND04-01402
Original file (ND04-01402.rtf) Auto-classification: Denied


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

ex-PN1, USNR
Docket No. ND04-01402

Applicant’s Request
The application for discharge review was received on 20040827. The Applicant requests the reason for the discharge be changed to “end of enlistment.” 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 20041222. 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 narrative reason for discharge shall not change. The discharge shall remain: HONORABLE /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 LEFT BLOCK 3 OF THIS FORM BLANK BECAUSE I AM NOT ASKING THE BOARD TO CHANGE MY DISCHARGE CODE OR REASON FOR DISCHARGE BUT AM RESPECTFULLY REQUESTING THAT THE MISCONDUCT BE REMOVED FROM MY RECORD ALLOWING ME TO CONTINUE MY CAREER. IT TOOK ME QUITE SOMETIME TO GATHER ALL THE DOCUMENTATION FOR THE PACKAGE THUS CAUSING A DELAY IN SUBMITTING IT. ALSO I WAS MISINFORMED AND PUT MY EFFORTS INTO A BCNR REQUEST ONLY TO LEARN THAT I NEEDED TO REQUEST A REVIEW FROM YOUR BOARD. ONCE AGAIN THANK YOU FOR YOUR TIME IN RESEARCHING AND CONSIDERING MY REQUEST.”

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’ s DD Form 214
Applicant’s ltr dtd 040818
38 pages from the Applicant’s service record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     910427 - 910903  COG
         Active: USN               910904 - 950831  HON
                  USNR             950901 – 010301  HON
 Period of Service Under Review :
Date of Enlistment: 010302               Date of Discharge: 020507

 Length of Service (years, months, days):

         Active: 01 02 06
         Inactive: None

 Age at Entry: 21                          Years Contracted: 2 (4 month extension)

Education Level: 12                        AFQT: 81

 Highest Rate: PN1

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 5.00 (3)    Behavior: 3.33 (3)                OTA: 4.36

 Military Decorations: None

 Unit/Campaign/Service Awards: NCM, GCM (3), NAM (4), SSDR, SASM, Loc, NDSM (2)

 Days of Unauthorized Absence: None

 Character, Narrative Reason, and Authority of Discharge (at time of issuance):

HONORABLE/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-146, formerly 3630620.

 Chronological Listing of Significant Service Events :

011102:  NAVDRUGLAB SANDIEGO reports Applicant’s urine sample, received 011029, tested positive for amphetamine/methamphetamine.

020227:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
020227:  Applicant advised of rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
020402:  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, that the separation be suspended for 12 months and by a vote of 2-1 that the characterization of discharge be honorable.

020409:  Commanding Officer recommended an honorable discharge by reason of misconduct due to drug abuse (use).

020409:  Applicant requests Administrative Board findings be set aside.

020415:  Applicant’s request denied.

020422:  CNMPC directed the Applicant's honorable discharge by reason of misconduct due to drug abuse (use).

020423:  Applicant requests Administrative Board be re-opened.

020507:  Applicant discharged.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was honorably discharged on 20020507 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. 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. Additionally, the summary of service clearly documents that misconduct due to drug abuse was the reason the Applicant was discharged. No other Narrative Reason for Separation could more clearly describe why the Applicant was discharged. 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. The NDRB is authorized, however, to consider post-service factors 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.

Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, NDRB is not authorized to change a reenlistment code. An unfavorable “RE” code is, in itself, not a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.

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. 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 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

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