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NAVY | DRB | 2005_Navy | ND0500255
Original file (ND0500255.rtf) Auto-classification: Denied


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

ex-PRAA, USN
Docket No. ND05-00255

Applicant’s Request
The application for discharge review was received on 20041115. 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 did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20050214. 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.




PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

1. “I (J_ F_ S_ (Applicant)) am respectfully requesting a change of my discharge classification to Honorable. I was very fond of my decision of joining the US Navy. I did make some mistakes in my younger years, some of which I still, today, regret making. I regret my involuntary separation from the military because I enjoyed all the experiences there in. Now I have matured and realize the true meaning of responsibility. I have since been very goal & family oriented. This is the only mark on my record and would like very much to remove this other than honorable discharge. I am now attending college and wish to pursue a career as a wildlife biologist. This occupation I pursue has a good chance of involving government employment in my future. I have definitely paid the price for my mistakes and wish to achieve many goals in which require a clean record. Law enforcement may be a part of my chosen career, so please review my record and make my requested change in order for me to fully achieve my goals. I sincerely thank you for your time spent reviewing my records and look forward to your response.”

 Documentation
In addition to the service record, 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)     891019 - 891225  COG
         Active: USN                        891226 - 930930  HON

 Period of Service Under Review :
Date of Enlistment: 931001               Date of Discharge: 950606

 Length of Service (years, months, days):

         Active: 01 08 06
         Inactive: None

 Age at Entry: 23                          Years Contracted: 2

 Education Level: 12                        AFQT: 64

 Highest Rate: PR3
Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.20 (5)             Behavior: 3.52 (5)                OTA: 3.84

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR (2), EAWSQ, GCM, NDSM, SASM with Bronze Star

 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 3630620.

 Chronological Listing of Significant Service Events :

931001:  Applicant reenlisted for 2 years.

950112:  NJP for violation of UCMJ, Article 112A: Wrongful use of controlled substance, to wit: THC between 941112 and 941126.
         Award: Forfeiture of $567 per month for 2 months, restriction and extra duty for 30 days, reduction to E-3. No indication of appeal in the record.
950327:  Drug and Alcohol Abuse Report: Marijuana abuse. Random urinalysis 941206. Physician found Applicant not dependent and recommended separation. Commanding Officer recommended separation. Comments: This 24 years old married E-4 male has a total of 5 years, 1 month active military service. EAOS: 950930. PRD: 9607. He has no potential for future Naval Service. NJP held 950112.

950414:  Summary Court-Martial.
         Charge I: violation of the UCMJ, Article 112A:
         Specification: Wrongful use of marijuana between 941121 and 941206.
         Charge II: violation of the UCMJ, Article 134:
         Specification: Break restriction on 950121.
          Finding: to Charge I and II and the specifications thereunder, guilty.
          Sentence: Forfeiture of $500.00, reduced to E-2.
         CA action 950421: Sentence approved and ordered executed.

950427:  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 as evidenced by your Summary Court-Martial on 950414 and CO’s NJP on 950112 as documented in your service record.
950427:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
950515:  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.

950531:  BUPERS 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 19950606 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. During the enlistment under review, the Applicant received one summary court-martial for illegal drug use and breaking restriction and nonjudicial punishment for illegal drug use. Drug abuse warranted processing for separation. 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 Applicant’s discharge characterization accurately reflects his service to his country for the enlistment under review. Normally, to permit relief, an inequity or impropriety must have existed during the period of enlistment in question. No such inequity or impropriety occurred 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, to enhance employment opportunities, or for 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 that 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, employment record, documentation of community service, certification of non-involvement with civil authorities and credible evidence of a substance free lifestyle, are examples of verifiable documentation that may be provided to receive consideration for relief, based on post-service conduct.

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 . Navy Military Personnel Manual, (NAVPERS 15560C), Change 9/94, effective
22 Jul 94 until 02 Oct 96, Article 3630620, SEPARATION OF ENLISTED MEMBERS BY REASON OF MISCONDUCT DUE TO 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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