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NAVY | DRB | 2005_Navy | ND0500427
Original file (ND0500427.rtf) Auto-classification: Denied


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


FOR OFFICIAL USE ONLY

ex-AR, USN
Docket No. ND05-00427

Applicant’s Request
The application for discharge review was received on 20050111. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a personal appearance discharge review before a traveling panel. 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 DC area. Subsequent to the application, the Applicant indicated he would appear before the NDRB in Washington, DC. The Applicant listed the Disabled American Veterans as the representative on the DD Form 293.

Decision

A personal appearance discharge review was conducted in Washington, D.C. on 20051114. 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 3 to 2 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

Issues submitted by Applicant’s representative (Disabled American Veterans) at the time of the Applicants personal appearance hearing supersede those submitted originally on Form DD-293 :
“Issue 1: Consideration of an upgrade of discharge (OTH) to Honorable, based on equitable relief on review of service records and post-service activities, and testimony.

Issue 2: Consideration of an upgrade of discharge (OTH) to General, Under Honorable Conditions, based on equitable relief, on review of service records, post-service activities, testimony, & character reference letter contained within the packet.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Cover letter from Disabled American Veterans, dated January 6, 2004
Character reference, dated April 22, 2004
Character reference, dated April 26, 2004
Character reference, dated April 28, 2004
Certificate of completion, dated February 9, 2001
Training certificate, dated October 24 and 25, 2000
Training certificate, dated February 9, 2001
Forest Fire Equipment Operator Training Progression Form, 1989-2001
Personnel Training Record
Memorandum to Harnett County Ranger concerning Stewardship presentation, dated July 30, 1992
Two pictures
Letter from State of North Carolina, Department of Environment, Health, and Natural Resources, dated February 1, 1991
Forest Ranger Affidavit, dated December 4, 1989
Memorandum authorizing Applicant to do prescribed burning, dated January 8, 1990
Letter from State of North Carolina, Office of the Governor, dated October 27, 1992
Memorandum to Applicant, dated January 10, 1991 (2)
Training certificate, dated February 16, 1990
Training certificate, dated November 9, 1990
Certificate of completion, dated August 2, 1991
Training certificate, dated July 13-17, 1992
Training certificate, dated January 9, 1991
Training certificate, dated September 18-22, 1989
Training certificate, dated November 14, 1993
Training certificate, dated June 25, 1992
Certificate of completion, dated March 1, 1989
Certificate of completion, dated March 2, 1989
Certificate of completion, dated August 30, 1989
Training certificate, dated November 1991

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     991021 - 991027  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 991028               Date of Discharge: 000608

 Length of Service (years, months, days):

         Active: 00 07 11         (Does not exclude lost time)
         Inactive: None

 Age at Entry: 32                          Years Contracted: 4

 Education Level: 11+                       AFQT: 77

 Highest Rate: AA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NOB                           Behavior: 2.00 (1)                OTA: 2.00

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: 13

*Not observed

 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 :

000419:  Applicant to unauthorized absence, 0700 this date.

000502:  Applicant from unauthorized absence, 1230 this date (13 days).
000512:  NAVDRUGLAB, Jacksonville, FL, reported Applicant’s urine sample, received 000508, tested positive for cocaine.

000517:  Applicant counseled regarding substance abuse. Applicant elected to refuse all counseling and treatment for his drug abuse.

000524:  NJP for violation of UCMJ, Article 86: Unauthorized absence, violation of UCMJ, Article 112a: Wrongful use of controlled substance.
         Award: Forfeiture of $502.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-1. No indication of appeal in the record.
000524:  Applicant notified of intended recommendation for discharge by reason of misconduct due to drug abuse. Applicant notified that the least favorable characterization of service possible is under other than honorable conditions.
000524:  Applicant advised of rights and having elected not to consult with qualified counsel, elected to waive all rights.
000530:  Commanding Officer, Naval Air Technical Training Center, recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse.

000530:  Chief of Naval Education and Training directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse.

030501:  NDRB documentary record review Docket Number ND02-01159 conducted. Determination: discharge proper and equitable; relief not warranted.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20000608 under other than honorable conditions for misconduct due to drug abuse (A). 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 (B and C).

There is credible evidence in the record that the Applicant used illegal drugs. The Applicant was awarded nonjudicial punishment (NJP) for a violation of UCMJ Article 112a, wrongful drug use and Article 86, unauthorized absence. Regulations permit relief on equitable grounds if the Applicant’s discharge is inconsistent with standards of discipline of the Naval service. 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 Applicant was properly notified, processed and discharged under other than honorable conditions by reason of misconduct due to drug abuse. Based upon available records, nothing indicates that the Applicant’s discharge was in any way inconsistent with the standards of discipline in the United States Navy. Relief denied.

 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 Naval service. The NDRB is authorized 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 could be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, and certification of non-involvement with civil authorities. The Board received and considered all of the Applicant’s submissions, including his character reference letters, Forest Service Training Certificates, employment with the North Carolina Forest Service, work as a Journeyman Farrier, and involvement with Alcoholics Anonymous. After careful consideration, the Board concluded the Applicant’s commendable post-service achievements have been insufficient to mitigate his misconduct while in the Naval service. Relief denied.
The following is provided for the edification of the Applicant. The Applicant has exhausted his opportunities for review by the NDRB. The Applicant may, however, petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100, concerning a change in the characterization of naval service, if he desires further review of his case.




 Pertinent Regulation/Law (at time of discharge)

 A . The Naval Military Personnel Manual, (NAVPERS 15560C), Change 27, effective 27 March 2000 - 11 Feb 2001, 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 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 .

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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