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NAVY | DRB | 2004_Navy | ND0401406
Original file (ND0401406.rtf) Auto-classification: Denied


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

ex-SR, USNR
Docket No. ND04-01406

Applicant’s Request
The application for discharge review was received on 20040909. The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. The Applicant requests a personal appearance hearing before the Board in the Washington, D.C. Metropolitan area. 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. The Applicant did not list any representative on the DD Form 293.
Decision

A documentary discharge review was conducted in Washington, D.C. on 20050322. 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. Applicant discharged in absentia.



PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

1. “As a young man, I joined the US Navy. Granted, I was 21 years old. However, I was not prepared for the riggors of Military Life. Boot camp was supposed to break down the civilian and build up sailor. After boot, I had the sence of Honor, Courage & Commitment the Navy put into me. After General Svcman training, and I went to Fleet, I met up with shipmates that in to drugs. Being a person who was nieve I fell in to that lifestyle. Meth was becoming my downfall. First writting bad checks to the commissary and NEX. Then Unauthorized Absents, Missing ship movements to my final, discharged in absentia, OTH. After getting discharged, I became desperate finally, 1998 I got fed up and decided to stop and I have been drug free ever since.

From 1998-2001 I wondered aimlessly until August 13, 2001. I met my wife C_ D_. Since then, I’ve tried to make amends for my past. I have no evidence to speak of to prove to the Board that my life has changed. I can offer no proof. All I can offer is my desire to do better in my life. As a 29 year old man, I have no desire to continue on with my head in the sand. I am proud to have given the opportunity to serve my country. I was a foolish young man. I am suffering for my foolishness. I have COPD, Diebetes Type II, High Blood Presure & I can’t even run 100 feet with out passing out. With the rising cost of meds and so forth all I ask for is a little help. Not a hand out. Just enough to help. That’s it.

Should I be denied, would board make recomendations. Im willing to take whatever steps are necesary.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
None were submitted

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: None
         Active: None

 Period of Service Under Review :
Date of Enlistment: 960522               Date of Discharge: 970624

 Length of Service (years, months, days):

         Active: 00 07 03 (Does not include lost time)
         Inactive: 00 06 00

 Age at Entry: 21                          Years Contracted: 8

 Education Level: 12                        AFQT: 38

 Highest Rate: SR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF*                 Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: 16

*No marks found in service record.

 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 :
961122:  Applicant to active duty.

 961123:  Retention Warning: You are being retained in the Naval service, despite your defective enlistment and induction due to fraudulent entry into the naval service as evidenced by your failure to disclose your pre-service civil involvement/drug abuse. Failure to stop, 2/96, Houston, TX. Paid $150.00. This decision is based on the information you provided the Recruit Quality Assurance Interviewer and if it is found that additional information has not been disclosed, this waiver is void and you could be subject to other judicial or administrative proceedings. However, any further deficiencies in performance or conduct may result in processing for administrative separation.
970505   Applicant to unauthorized absence 0615, 970505.

970508:  Applicant missed ship’s movement.

 970516:  Applicant from unauthorized absence 1600, 970516 (11 days/surrendered).
970519   Applicant to unauthorized absence 0615, 970519.

970524:  Applicant from unauthorized absence 2200, 970524 (5 days/surrendered).

 970624:  DD Form 214: Applicant discharged under other than honorable conditions by reason of misconduct due to drug abuse, authority: NAVMILPERSMAN, Article 3630620.

Complete discharge package unavailable

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged, in absentia, on 19970624 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: A characterization of service of under other than honorable conditions is warranted when the member's conduct constitutes a significant departure from that expected of a sailor. In the absence of the Applicant’s complete discharge package, under the presumption of regularity and based on the Applicant’s stated issues on his application, the Board presumed that Applicant ’s service was marred by illegal drug use, thus substantiating the misconduct for which he was separated. Mandatory processing for separation is required for sailors who abuse illegal drugs. Separation under these conditions generally results in characterization of service under other than honorable conditions. 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 Veterans Administration determines eligibility for post-service benefits not the Navy Discharge Review Board. There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits and this issue does not serve to provide a foundation upon which the Board can grant relief.

The following is provided for the edification of the Applicant. 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 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, certification of non-involvement with civil authorities, and proof of a drug-free lifestyle.

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 . Navy Military Personnel Manual, (NAVPERS 15560C), Change 14, effective
03 Oct 96 until 11 Dec 97, Article 3630620 SEPARATION OF ENLISTED PERSONNEL 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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