Search Decisions

Decision Text

NAVY | DRB | 2005_Navy | ND0500684
Original file (ND0500684.rtf) Auto-classification: Denied


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

ex-GMGSN, USN
Docket No. ND05-00684

Applicant’s Request
The application for discharge review was received on 20050309. The Applicant requests the characterization of service received at the time of discharge changed to honorable. The Applicant requests a documentary record discharge 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 20050620. 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 – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1. “ I am requesting that my discharge be upgraded to honorable. Since I have been discharged, I have not been involved in drugs, I have had a good work history and I have been involved in my community.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Honorable Discharge Certificate
Applicant’s DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     850925 - 860825  COG
         Active: USN                        860826 - 900731  HON

 Period of Service Under Review :
Date of Enlistment: 900801               Date of Discharge: 930111

 Length of Service (years, months, days):

         Active: 02 05 10
         Inactive: None

 Age at Entry: 22                          Years Contracted: 4

Education Level: 12                        AFQT: 58

 Highest Rate: GMG3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.55 (4)             Behavior: 3.60 (4)                OTA: 3.75 (4)

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR(2), BATTLE”E”(2), USCGSOSR, RM, .45 CAL, NDSM, NMCOSR(2)GCA

 Days of Unauthorized Absence: None

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.

 Chronological Listing of Significant Service Events :

900801:  Reenlisted on board USS CLEVELAND (LPD-7) for 4 years.

 921105:  NAVDRUGLAB, JACKSONVILLE, FL, reported Applicant’s urine sample, received 921030, tested positive for cocaine.

921110:  Applicant admits use of cocaine, in sworn voluntary statement.

921112:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by your positive urinalysis of 921026 for cocaine.

921112:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

921124:  Medical evaluation for drug abuse found that the Applicant does not meet the criteria for dependence.

921130:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

921202:  NJP for violation of UCMJ, Article 112a: Wrongfully use cocaine.
Award: Forfeiture of $284.00 pay per month for 2 months, restriction and extra duty for 45 days, reduction to E-3. No indication of appeal in the record.
921216:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by your NJP conviction of 921202 for violation of Article 112a, UCMJ (Wrongful use of drugs).

921216:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

921216:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

921228:  Bureau of Naval Personnel approves Applicant’s discharge, characterized as under other than honorable conditions by reason of misconduct - drug abuse (use).

930111:  Discharged.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19930111 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: 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. An under other than honorable conditions discharge is warranted when significant negative aspects of a member's conduct or performance of duty outweigh the positive aspects of the member's military record. 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. The Applicant’s service record was marred by an award of nonjudicial punishment (NJP) for illegal drug use, thus substantiating the misconduct for which he was separated. There is credible evidence in the record that the Applicant used illegal drugs. 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. Mandatory processing for separation is required for sailors who abuse illegal drugs. Separation under these conditions generally results in characterization of service of under other than honorable conditions. 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 stated that he is not using illegal drugs, has a good work history, and is involved with his community, however he has provided no documentation to support these contentions. Based upon insufficient evidence and a lack of sufficient post service factors, the board concluded unanimously, relief is 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. Navy Military Personnel Manual, (NAVPERS 15560C), effective 15 Aug 91 until 04 Mar 93, 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 502, Propriety .

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 | 2002_Navy | ND02-00251

    Original file (ND02-00251.rtf) Auto-classification: Denied

    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): Active: USN None Inactive: USNR (DEP) 910221 - 910530 COG Period of Service Under Review :Date of Enlistment: 910531 Date of Discharge: 930222 Length of Service (years, months, days):Active: 01 08 22 Inactive: None CA action 930122: Sentence approved and ordered...

  • NAVY | DRB | 2005_Navy | ND0500576

    Original file (ND0500576.rtf) Auto-classification: Denied

    As the representative, we ask that consideration be given to equitable relief, as this is a matter that involves a determination whether a discharge should be changed under the equity standards, to include any issue upon which the applicant submits to the Board’s discretionary authority, under SECNAVIST 5420.174D.Under the premises of equitable relief, we believe the Board can change the discharge to reflect a General discharge we leave that to a determination by the Board. Documentation In...

  • NAVY | DRB | 2001_Navy | ND01-00180

    Original file (ND01-00180.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Character Reference ltr from J_ R_, Constable, dtd Nov 1, 2000 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: None Period of Service Under Review :Date of Enlistment: 910228 Date of Discharge: 930111 Length of Service (years, months, days):Active: 01 04 08 Inactive: 00 06 05 MSSR (Applicant)...

  • NAVY | DRB | 2006_Navy | ND0600460

    Original file (ND0600460.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. 920904: Applicant advised of rights and having consulted with counsel, elected to appear before an Administrative Discharge Board.920930: Commander, Destroyer Squadron 13, denied Applicant’s appeal of nonjudicial punishment.921110: An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the Applicant had committed...

  • NAVY | DRB | 2001_Navy | ND01-00526

    Original file (ND01-00526.rtf) Auto-classification: Denied

    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).In response to applicant’s issue 1, the Board found that the applicant implies that a permissive doctrine exists whereby one in the military is allowed an "isolated incident". Despite the applicant’s years of service, awards and performance evaluations, these issues do not exculpate the applicant from his...

  • NAVY | DRB | 1999_Navy | ND99-00615

    Original file (ND99-00615.rtf) Auto-classification: Denied

    ND99-00615 Applicant’s Request The application for discharge review, received 990331, requested that the characterization of service on the discharge be changed to general/under honorable conditions. No indication of appeal in the record.921211: Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by your CO's NJP of 11 December 1992 for violation of the UCMJ, Article 112a (1 specification of...

  • NAVY | DRB | 1999_Navy | ND99-00564

    Original file (ND99-00564.rtf) Auto-classification: Denied

    ND99-00564 Applicant’s Request The application for discharge review, received 990316, requested that the characterization of service on the discharge be changed to honorable. 930315: Applicant informed of right to inpatient treatment and signs statement declining treatment.930330: Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).930427: BUPERS directed the applicant's discharge under other than honorable...

  • USMC | DRB | 2001_Marine | MD01-01099

    Original file (MD01-01099.rtf) Auto-classification: Denied

    MD01-01099 Applicant’s Request The application for discharge review, received 010820, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. Evidence of continuing educational pursuits, an employment record, documentation of community service, certification of non-involvement with civil authorities and proof of his not using drugs, are examples of verifiable documents that should have been...

  • NAVY | DRB | 2003_Navy | ND03-01176

    Original file (ND03-01176.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. Being a Police Officer is the one thing I have wanted my entire life. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Copy of DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USNR (DEP) 921119 - 930111 COG Active: None Period of...

  • NAVY | DRB | 1999_Navy | ND99-00372

    Original file (ND99-00372.rtf) Auto-classification: Denied

    Age at Entry: 19 Years Contracted: 4 Education Level: 9 AFQT: 51 Highest Rate: AMH3 Final Enlisted Performance Evaluation Averages (number of marks): Performance: 3.80 (3) Behavior: 3.80 (3) OTA: 3.86 Military Decorations: None Unit/Campaign/Service Awards: NDSM Days of Unauthorized Absence: None Character, Narrative Reason, and Authority of Discharge (at time of issuance):UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620. The...