Search Decisions

Decision Text

NAVY | DRB | 2005_Navy | ND0500657
Original file (ND0500657.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT
FOR OFFICIAL USE ONLY

ex-SMSN, USN
Docket No. ND05-00657

Applicant’s Request
The application for discharge review was received on 20050302. The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. The Applicant requests a documentary record discharge review. The Applicant did not designate a representative on the DD Form 293.

 Decision

A documentary discharge review was conducted in Washington, D.C. on 20060131. 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 by reason of misconduct due to drug abuse.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues, as stated

 Applicant’s issues, as stated on the application:

“At the time of the incident, I was very intoxicated and I had no knowledge of my actions. My service records shows that I was an outstanding sailor with no prior incidents of any kind.”
Documentation
In addition to the service and medical records, the following additional documentation, submitted by the Applicant, was considered:
Character Reference ltr from M_ W_, Applicant’s mother, dtd July 17, 2004

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19980818 - 19990621      COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 19990622             Date of Discharge: 20031222

 Length of Service (years, months, days):

         Active: 04 06 00
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: None
         Confinement:              None

 Age at Entry: 19

 Years Contracted: 4 (4 month extension and 2 month extension)

 Education Level: 11                                 AFQT: 53

 Highest Rate: SMS3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.0 (6)                       Behavior: 3.8 (6)                 OTA: 3.40

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): Meritorious Unit Commendation; Armed Forces Expeditionary Medal; Navy Good Conduct Award; Sea Service Deployment Ribbon(2); National Defense Service Medal


Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER OTHER THAN HONORABLE CONDITIONS/ MISCONDUCT, authority: MILPERSMAN, Article 1910-146, formerly 3630620 .
Chronological Listing of Significant Service Events :

031212:  NJP. No further information found in service record. [Extracted from NAVPERS 1070/604, Awards page.]

031218:  Commander, Amphibious Group Two directed the Applicant's discharge with under other than honorable conditions by reason of misconduct due to drug abuse.

 Service Record contains a partial Administrative Discharge package. Service Record was missing elements of the Summary of Service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20031222 by reason of misconduct due to drug abuse (A and B) with a service characterization of under other than honorable conditions. 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). The Board presumed regularity in the conduct of governmental affairs (E).

The Applicant contends that at the time of the incident he was very intoxicated and that he had no knowledge of his actions. While he may feel that being intoxicated was the underlying cause of his misconduct, the record clearly reflects his willful misconduct and demonstrated he was unfit for further service. The evidence of record did not show that the Applicant was either not responsible for his conduct or that he should not be held accountable for his actions. Relief denied.

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. 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 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. The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article 112a, wrongful use, possession, etc., of controlled substances.
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 .

 E. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs .

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 | ND04-01111

    Original file (ND04-01111.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general (under honorable conditions). 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. 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...

  • NAVY | DRB | 2004_Navy | ND04-01288

    Original file (ND04-01288.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-146, formerly Article 3630620. 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...

  • NAVY | DRB | 2004_Navy | ND04-01138

    Original file (ND04-01138.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. 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 discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-146, formerly Article 3630620.

  • NAVY | DRB | 2005_Navy | ND0500192

    Original file (ND0500192.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable or general (under honorable conditions). PART I - APPLICANT’S ISSUES AND DOCUMENTATION I am more responsible person now when I was in my personality was not responsible.

  • NAVY | DRB | 2004_Navy | ND04-01227

    Original file (ND04-01227.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 Travel certificate, separation without orders, dated November 10, 1998 Applicant’s United States Army-RA DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: USA 790322 - 820917 HON Inactive: USNR-R 851230 - 860407 COG Active: USNR 860408 - 900404 HON USNR 900405 - 940126 HON...

  • NAVY | DRB | 2004_Navy | ND04-00419

    Original file (ND04-00419.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. 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, dates of service, type of discharge): Inactive: USNR (DEP) 020710 - 021007 COG Active: USN None Period of Service Under Review :Date of Enlistment: 021008 Date of...

  • NAVY | DRB | 2005_Navy | ND0500159

    Original file (ND0500159.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. PART I - APPLICANT’S ISSUES AND DOCUMENTATION 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.

  • NAVY | DRB | 2004_Navy | ND04-00799

    Original file (ND04-00799.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION No indication of appeal in the record.031215: Applicant discharged under other than honorable conditions by reason of misconduct due to drug abuse per Separation Authority 1910-146 [Extracted from DD Form 214].NO DISCHARGE PACKAGE AVAILABLE PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 20031215 under other than honorable conditions for misconduct due to drug abuse (A). You may view DoD...

  • NAVY | DRB | 2004_Navy | ND04-00641

    Original file (ND04-00641.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general (under honorable conditions). 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. PART IV - INFORMATION FOR THE APPLICANT If you believe that the decision in your case is unclear, not responsive to the issues you raised,...

  • NAVY | DRB | 2004_Navy | ND04-00968

    Original file (ND04-00968.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. PART I - APPLICANT’S ISSUES AND DOCUMENTATION No indication of appeal in the record.001129: DD Form 214: Applicant discharged under other than honorable conditions by reason of misconduct, authority: NAVMILPERSMAN, Article 1910-146.Applicant’s discharge package missing from service record PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW...