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NAVY | DRB | 2005_Navy | ND0500706
Original file (ND0500706.rtf) Auto-classification: Denied


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

ex-FN, USN
Docket No. ND05-00706

Applicant’s Request
The application for discharge review was received on 20050321. The Applicant requests the characterization of service received at the time of discharge be changed to general (under honorable conditions). The Applicant requests a documentary record discharge review. The Applicant did not list any the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20050727. 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:

“Dear Congressman L_,

My name is J_ C_ (Applicant). The reason I’m writing this letter is, I was recently discharged from the U.S. NAVY. I was on the USS John F Kennedy; I served from August 3, 2001 to July 10, 2004. Unfortunately my discharge was OTH, Under Other Than Honorable Conditions. I’m hoping to have that discharged changed. I know that I have not put my 4-year commitment, but I have excelled in my field with numerous qualifications and awards.

My qualifications and awards are enclosed with this letter [NOT ATTACHED]. I was proud and committed to serve my country. In the last year things had changed on my ship and with my family life. First with the changes with my ship. It was with the people. It changed my view of the NAVY. I had such high hopes of succeeding in the NAVY. I had a couple of incidents with underage drinking which put me in the position that I’m right now. I have received help with the drinking while in the NAVY.”

Also before my ship went out for deployment, I was scheduled for leave from May 15 th until May 30 th that was denied due to problems. I made a wrong choice by going UA. At that point in time I really needed to go home and clear my head, and to be with my mom. Because in the last year I lost both of my grandmothers and that also was a change I had to go through which was tough and I guess you could say is that I wasn’t mature enough to deal with all that was going on.

Like I have said the past year I have become more and more confused on what the NAVY stood for. There has been numerous changes on my ship, for me seeing all of the dirt and seeing my senior people getting away with being caught leaving the ship when ordered by the Commanding Officer that nobody leaves the ship, but when they get caught nothing is done. But when Junior people do it they get sent to Captain’s Mast. What kind of message is that going to the Junior people? I wanted leadership and to respect my senior people. I lost that respect, that and many other things changed my opinion of the NAVY. Throughout my years in the NAVY I have received a NAM, got all of my qualifications on time. Always on time to work and respectful to all people. I have received great training in the NAVY and I have been with great people that I will always remember and be thankful for the opportunity. I know that I made mistakes and I wish that I could go back and change that but I cannot and for that I apologize. I would like my discharge changed so I can receive my benefits I would of received when my enlistment ended.
Concluding this letter, Thank You Congressman L_ for reading this. I know that I made mistakes but I believe that I have done more good than bad by serving my country while in the NAVY. Like I said before I wasn’t mature enough to handle all that was going on with my family life and the NAVY. Hopefully you’ll find in your heart to help me with this matter so I can go on with my life without feeling this guilt. Thank you in advance for your cooperation in this matter.

Sincerely,
[signed]
J_ J. C_ (Applicant)

I look forward to hearing from you please send response and any correspondence to (address deleted)

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Member 1 and 4)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     20010104 – 20010812      COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 20010813             Date of Discharge: 20040716

 Length of Service (years, months, days):

         Active: 02 11 04         (Does not exclude lost time)
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 33

 Highest Rate: FN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.50 (2)             Behavior: 3.00 (2)                OTA: 3.36

 Military Decorations: Navy and Marine Corps Achievement Medal

 Unit/Campaign/Service Awards: National Defense Service Medal, Meritorious Unit Commendation, Sea Service Deployment Ribbon

 Days of Unauthorized Absence: 26

 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 :

040504:  NAVDRUGLAB, Jacksonville, FL, reported Applicant’s urine sample, received 040430, tested positive for cocaine.
040512:  Applicant to unauthorized absence at 0600 on 040512.

040607:  Applicant from unauthorized absence on 040607 (26 days/surrendered).

 040619:  NJP for violation of UCMJ, Article 86: UA on or about 040512 until 040607 (26 days), violation of UCMJ, Article 112a: Wrongful use of controlled substance on or about 040416.
         Award: Forfeiture of $706 per month for 2 months, restriction and extra duty for 45 days, reduction to E-2. No indication of appeal in the record.
040619:  Applicant screened by DAPA for drug usage. Applicant declined to be seen by CAAC or the ship’s physiologist to determine whether any treatment is need prior to discharge.

040619:  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.
040619:  Applicant advised of rights and having elected not to consult with qualified counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.
040630:  Commanding Officer, USS John F. Kennedy (CV 67), recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. Commanding Officer’s comments (verbatim): “At a recent nonjudicial punishment proceeding, Fireman Apprentice C_ ( Applicant ) was found guilty of a 26-day unauthorized absence and wrongful use of cocaine. This type of behavior demonstrates a complete lack of respect for good order and discipline and a disregard for the welfare of his shipmates . Furthermore, drug abuse is unacceptable and creates an extremely hazardous working environment for the entire crew aboard USS JOHN F. KENNEDY. FA C_ ( Applicant ) does not contest this separation nor does he desire any drug or alcohol treatment prior to his discharge. Therefore, I strongly recommend FA C_ ( Applicant ) be separated from the naval service under Other Than Honorable conditions for misconduct due to drug abuse.

040701:  Commander, Carrier Group SIX, 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 20040716 under other than honorable conditions for misconduct due to drug abuse (A). After a thorough review of the available records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (B and C).

Normally, to permit relief, an impropriety or inequity must have existed during the period of enlistment in question. No such impropriety or inequity is evident during the Applicant’s enlistment. 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 for a period of 26 days. 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.

 The Applicant contends his disciplinary problems were the result of stress caused by the death of his two grandmothers. The NDRB recognizes that serving in the U.S. Navy is challenging. Our country is fortunate to have men and women willing to endure the hardships and sacrifices required in order to serve their country. It must be noted that many members of the Navy endure hardships similar to those of the Applicant. It must further be noted that the vast majority of those members do not commit misconduct as a result of their problems. Despite their hardships, these sailors are still able to serve honorably and therefore earn their honorable discharges. In fairness to those members of the Navy, commanders and separation authorities are tasked to ensure that undeserving Sailors receive no higher characterization than is due. The NDRB found that the Applicant's service was equitably characterized. Relief denied.

The Veterans Administration determines eligibility for post-service benefits not the Naval Discharge Review Board. There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits and this issue does not serve to provide a foundation upon which the Board can grant relief. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge.

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. 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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