Search Decisions

Decision Text

NAVY | DRB | 2004_Navy | ND04-01457
Original file (ND04-01457.rtf) Auto-classification: Denied


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

ex-FR, USN
Docket No. ND04-01457

Applicant’s Request
The application for discharge review was received on 20040921. The Applicant requested the characterization of service received at the time of discharge be changed to general/under honorable conditions. The Applicant requested a documentary record discharge review. The Applicant did not list a representative on his DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20041229. 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. “ At the time of the incident that caused my separation I was immature and I didn’t think about the long term effects that this would have on my life. At the time my father was very ill, and all that concerned me was returning home to be with him and family in his last days. My father is decease now and I’m without employment and without a college education. It is imperative that I’m granted an upgrade to ensure myself a better life. With an upgrade I could enroll into school with assistance and complete college.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Character Reference Letter dated September 13, 200,
Applicant’ s DD Form 214
Copy of Commanding Officer’s Adverse Performance Evaluation Report Letter dated July 12, 2002
Copy of Enlistment Guarantees Contract
Copy of Evaluation Report & Counseling Record (3 pages)
Copy of Enlistment Data (6 pages)
Copy of Change of Duty Orders
Copy of Travel Voucher Summary (2 pages)
Copy of Travel Orders Information
Copy of Travel Orders (4 pages)
Copy of Certificate of Completion (NAVSEA PHASE BC2, B5A, D6A, and D6B 40 hours)
Copy of Travel Certificate

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     010222 - 010329  COG
         Active:                            None                       HON

 Period of Service Under Review :
Date of Enlistment: 010330               Date of Discharge: 020712

 Length of Service (years, months, days):

         Active: 01 03 13                  Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 39

 Highest Rate: FA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.00 (1)    Behavior: 1.00 (1)                OTA: 3.00

 Military Decorations: None

 Unit/Campaign/Service Awards: AFEM, BATTLE”E”, NDSM

 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 :

020628:  NAVDRUGLAB [JACKSONVILLE, FL] reported Applicant’s urine sample, received 020625, tested positive for [THC].
020703:  NJP for violation of UCMJ, Article 112a: Use of controlled substance.
Award: Forfeiture of $577.00 pay per month for 2 months, restriction and extra duty for 45 days, reduction to E-1. No indication of appeal in the record.
020703:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
020703:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
020708:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use) as evidenced by Commanding Officer’s NJP of 020703.

020711:  COMCRUDESGRU TWELVE 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 20020712 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 discovered no impropriety or inequity and considers the Applicant’s discharge proper and equitable . While he may feel his immaturity and the stress caused by his family situation were contributing factors to his misconduct, they do not mitigate his disobedience of the orders and directives regulating good order and discipline in the naval service. A service characterization 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 record is devoid of any evidence the Applicant was not responsible for his conduct or that he should not be held accountable for his actions. The Applicant’s service record is marred by award of non-judicial punishment (NJP) for illegal drug use . The Applicant’s summary of service clearly reflects his disobedience of the orders and directives regulating good order and discipline in the naval service, and demonstrated he was unsuitable for retention. An upgrade to general (under honorable conditions) would be inappropriate. Relief denied.
 
 T here 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 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. Evidence of continuing educational pursuits, a positive employment record, documentation of community service, and certification of non-involvement with civil authorities, are examples of verifiable documents that should be provided to receive consideration for relief, based on post-service conduct. The Applicant has not provided sufficient verifiable documentation of good character and conduct to mitigate his misconduct while on active duty. 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 based solely on the issue of obtaining Veteran’s benefits. Additionally, t he Board has no authority to upgrade a discharge for the purpose of enhancing employment opportunities as requested. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge. These issues do not serve to provide foundation upon which the Board can grant relief.
 
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 additional documentation to support any claims of post-service accomplishments 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 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 | 2004_Navy | ND04-00499

    Original file (ND04-00499.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-AT3, USN Docket No. The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. 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...

  • NAVY | DRB | 2005_Navy | ND0500687

    Original file (ND0500687.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Navy and falls far short of that required for an upgrade of his characterization of service. The NDRB is authorized to consider post-service factors in the...

  • NAVY | DRB | 2005_Navy | ND0500012

    Original file (ND0500012.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. 020503: 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. The NDRB is authorized, however, to consider post-service factors in...

  • NAVY | DRB | 2006_Navy | ND0600611

    Original file (ND0600611.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. ” Documentation In addition to the service and medical records, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 (Member 4) PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USNR (DEP) 19990714 - 19990801 COG Active: None Period of Service Under Review :Date...

  • NAVY | DRB | 2004_Navy | ND04-01257

    Original file (ND04-01257.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general (under honorable conditions). “I WOULD LIKE TO CHANGE MR REENLISTMENT CODE FROM RE 4 TO RE 3 AS SO I MAY HAVE A CHANCE IN THE ARMY I WOULD LIKE TO SERVE MY COUNTRY AGAIN WITH NO MISTAKES.” Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:None PART II - SUMMARY OF SERVICE Prior Service (component,...

  • NAVY | DRB | 2005_Navy | ND0500535

    Original file (ND0500535.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. As of this time, the Applicant has not provided any post-service documentation for the Board to consider. 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 | 2004_Navy | ND04-00584

    Original file (ND04-00584.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. Therefore, no relief will be granted.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.

  • NAVY | DRB | 2004_Navy | ND04-01381

    Original file (ND04-01381.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) does not travel; all hearings are held in the Washington, D.C. area. Chronological Listing of Significant Service Events :010322: NJP for violation of UCMJ, Article 86: Unauthorized absence.

  • NAVY | DRB | 2003_Navy | ND03-00629

    Original file (ND03-00629.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing, also advised that the Naval Discharge Review Board (NDRB) does not travel, and that all hearings are held in the Washington, D.C. area. Chronological Listing of Significant Service Events...

  • NAVY | DRB | 2003_Navy | ND03-00923

    Original file (ND03-00923.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. My desire to be successful has allowed me to see that in order to be successful in life I can’t have any setbacks such as the one that lead to my discharge.C_ W_ W_ (Applicant)” Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 Criminal record checks...