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NAVY | DRB | 2005_Navy | ND0500586
Original file (ND0500586.rtf) Auto-classification: Denied


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

ex-AT3, USN
Docket No. ND05-00586

Applicant’s Request
The application for discharge review was received on 20050223. The Applicant requests the characterization of service received at the time of discharge changed to general/under honorable conditions. The Applicant requests a documentary record discharge review and did not list a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20050713. 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. “I RESPECTFULLY REQUEST THAT MY DISCHARGE BE UPGRADED FROM UNDER OTHER THAN HONORABLE TO GENERAL UNDER HONORABLE CONDITIONS BECAUSE MY DISCHARGE WAS INEQUITABLE DUE TO IT BEING BASED ON ONE ISOLATED INCIDENT IN MY FOUR YEAR TOUR. I HAVE ENCLOSED DOCUMENTATION CHARACTERIZING MY HISTORY OF SERVICE. MY RECORD OF SERVICE SHOWS A HISTORY OF IMPECCABLE MILITARY STANDARDS AND DEDICATION TO THE NAVY AND MY COUNTRY. I HAVE A CONSISTENT RECORD OF EARLY PROMOTE AND OUTSTANDING EVALUATIONS FROM MY COMMANDING OFFICERS AND LEAD DIVISION CHIEFS. I HAVE CONSISTENTLY COMPLETED COLLEGE COURSES IN PURSUIT OF MY PROFESSIONAL AERONAUTICAL DEGREE AT EMBRY-RIDDLE UNIVERSITY TO BECOME A NAVAL FLIGHT OFFICER. ALTHOUGH DISCHARGED, I AM STILL IN PURSUIT OF MY DEGREE AND CURRENTLY NEED SIX COURSES. ATTACHED IS A REFERENCE FROM EMBRY-RIDDLE DESCRIBING THE MY CHARACTER AND RECORD WITH THE COLLEGE, THIS LETTER WAS ALSO SUBMITTED WITH MY SEAMAN TO ADMIRAL PACKAGE IN 2003. WHILE ACTIVE IN THE U.S. NAVY I REGULARLY TUTORED MY PEERS AND FELLOW AT’S THAT HAD TROUBLE RETAINING THE ADVANCED ELECTRONICS MATERIAL. ATTACHED IS AN L.O.C. FOR MY EFFORTS. I HAVE BEEN CONSISTENT WITH MY PHYSICAL FITNESS STANDARDS, MAINTAINING OUTSTANDING PRT SCORES AND ASSISTING MY SHIPMATES THAT NEED MOTIVATION WITH THEIR PHYSICAL FITNESS. I HAVE CONTINUED SECTION 14 ON A WHITE SHEET OF PAPER.

As previously mentioned, I tutored my fellow shipmates throughout my enlistment particularly in “Aviation Electronics” school through the Peer Tutoring Program and NATTC. I consistently kept my PRT scores in the outstanding category so that I could lead by example. My 4.00 evaluation attached in section 8 describes by commitment to stay fit. While deployed on the USS Constellation in support of Operation Iraqi Freedom I lead a program called 10,000 miles to the Gulf challenge which motivated 3,000 of my shipmates to get fit. Attached is a Letter of Accommodation for my efforts. While deployed on the USS John C. Stennis and the USS Constellation, on top of a 4.0 evaluation and taking college courses, I completed my Surface Warfare Qualification and my Aviation Warfare Qualification. Attached is a copy of my achievement. I am requesting that my discharge be upgraded to a General Under Honorable conditions because I am still dedicated to the United States Navy and the Discharge of Other Than Honorable does not fit the description of my service listed above and in section eight. I took ownership of my enlistment, and if this discharge is not upgraded I will take ownership of that as well.

In the most humble form possible, I respectfully request that the board upgrade my discharge from Other Than Honorable to General Under Honorable Conditions!

Thank you,
AT3 (AW/SW) B_, R_ D. (Applicant)
Anchors Away!”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Evaluation Report & Counseling Record, from 02 JUN16 to 03 JUN15 (2 Pages)
Evaluation Report & Counseling Record, from 01 JUL16 to 02 JUN15 (2 Pages)
Evaluation Report & Counseling Record, from 03 JUN15 to 03 JUN15 (3 Pages) (no marks/no signatures)
Letter of Appreciation from AV (A1) Training, Officer, dated January 22, 2001
Letter of Appreciation from Commanding Officer, Naval Base Ventura County, dated May 20, 2002
Letter from Commanding Officer, USS JOHN C. STENNIS (CVN 74), dated March 04, 2002, Enlisted Warfare Specialist Designation
Letter from Commanding Officer, USS Constellation (CV 64), dated March 30, 2003, Enlisted Surface Specialist Designation
Letter of Recommendation from K_ F_, Assistant Center Director, Embry-Riddle Aeronautical University, dated June 18, 2001
Fitness Recognition Award, Operation Southern Watch & Iraqi Freedom, undated
Certificate of Completion, Enlisted Surface Warfare Specialist, dated May 20, 2003
NAVPERS 1070/604, Awards, Page 3 of service record
Applicant’s notification letter of change of address, received April 19, 2005
Applicant’s DD Form 214 (Member 1)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     000209 - 000416  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 000417               Date of Discharge: 040301

 Length of Service (years, months, days):

         Active: 03 10 15
         Inactive: None

 Age at Entry: 21                          Years Contracted: 4 (12 months extension)

 Education Level: GED              AFQT: 72

 Highest Rate: AT3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.5 (4)              Behavior: 3.0 (4)                 OTA: 3.36

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, NUC, GCM, AFEM, EAWS, ESWS, SSDR (2), LoA

 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 :

000209:  Enlistment waiver granted for two Misdemeanors (minor in possession of marijuana and driving under the influence).
000417:  Applicant reported for active duty.

010423:  Applicant reports for duty at Point Mugu, SeaOpDet.

030416:  Applicant awarded good conduct medal.

 040128:  NAVDRUGLAB, San Diego, CA, reported Applicant’s urine sample, received 040116, tested positive for Cocaine.

040202:  Applicant informed he tested positive, on command unit sweep urinalysis held 14 JAN 2004, for cocaine use.
040202:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service possible is under other than honorable conditions by reason of misconduct due to drug abuse.
040202:  Applicant advised of rights and having elected not to consult with a qualified counsel, elected to waive all rights.

040203:  Applicant was offered drug screening by the Command DAPA and Counseling and Assistance Center, and further medical evaluation by the Medical Department to determine if drug dependent. Having full knowledge of the consequences of this decision, and of my own free will, decline any drug screening and any treatment.
040210:  Commander, Airborne Early Warning Wing U. S. Pacific Fleet, recommended to Commander, Naval Air Force U.S. Pacific Fleet that the Applicant be discharged under other than honorable conditions by reason of misconduct due to drug abuse. Commanding Officer’s comments (verbatim): AT3 (AW/SW) B_ (Applicant) is either incapable, or simply unwilling, of adhering to the rules and regulations of this command and the U.S. Navy, and is simply unwilling to conduct himself in a manner conducive to good order and discipline. I strongly recommend that AT3 (AW/SW) B_ (Applicant) be separated from the Naval Service by reason of misconduct due to drug abuse, and that his characterization of service be Under Other Than Honorable.

040220:  Commander, Naval Air Force, U.S. Pacific Fleet authorized Commander, Airborne Early Warning Wing, U.S. Pacific Fleet to discharge the Applicant under other than honorable conditions by reason of misconduct due to drug abuse.

040301:  Applicant discharged.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20040301 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).

Issue 1: 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 or inequity after a review of Applicant’s case. When the service of a member of the U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable. Despite a servicemember’s prior record of service, certain serious offenses, even though isolated, warrant separation from the naval service in order to maintain proper order and discipline. There is credible evidence in the record that the Applicant used illegal drugs, thus substantiating the misconduct for which he was separated. Processing for separation is mandatory for sailors who abuse illegal drugs. Separation under these conditions generally results in characterization of service of 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.

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 should be provided to the Board include credible evidence of a substance free lifestyle, proof of educational pursuits, verifiable employment records, documentation of community service, and certification of non-involvement with civil authorities. The Applicant submitted a letter from Embry-Riddle University verifying his enrollment in two classes. Based on a lack of sufficient post service factors relief denied.

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. 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), re-issued October 2002, effective 22 Aug 2002 until Present, 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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