Search Decisions

Decision Text

NAVY | DRB | 2005_Navy | ND0500716
Original file (ND0500716.rtf) Auto-classification: Denied


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

ex-OSSN, USN
Docket No. ND05-00716

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 honorable. The Applicant requests a documentary record review. The Applicant did not list any representative on the DD Form 293.

Decision

A documentary 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 3630620.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1. “If I may so respectfully request, I would to see if there is an opportunity for a reprieve. I do honor and respect the code of ethics of this great country.”

Remarks: “I would hope to see if there is an opportunity for a second chance. It has been over ten years since I’ve been out the military and in that time period I have allowed myself to mature and make good decisions with not being led by anybody. I have come up to this point and want to go higher. I truthfully respect, love and honor my country and will continue to defend her by being a good citizen to her for the rest of my life.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
None were submitted

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     900308 - 900625  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 900626               Date of Discharge: 930813

 Length of Service (years, months, days):

         Active: 03 01 18
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 35

 Highest Rate: OS3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.65 (4)             Behavior: 3.15 (4)                OTA: 3.65

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, HSM, NER, SSDR, CGSOSR

 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 3630620.

 Chronological Listing of Significant Service Events :

920522:  Retention Warning: Advised of deficiency (Making and uttering worthless checks by failing to maintain sufficient funds and also numerous letters of indebtedness.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

930503:  NAVDRUGLAB, Norfolk, VA, reported Applicant’s urine sample, received 930423, tested positive for THC.

930527:  NJP for violation of UCMJ, Article 112a: Wrongful use of controlled substance.
         Award: Forfeiture of $200 per month for 2 months, restriction and extra duty for 45 days, reduction to E-3. No indication of appeal in the record.
930623:  Applicant notified of intended recommendation for discharge by reason of misconduct due to drug abuse as evidenced by positive urinalysis conducted on 930423. The least favorable characterization of service possible is under other than honorable conditions.
930625:  Applicant advised of rights and having consulted with qualified counsel, elected to appear before an Administrative Discharge Board. Applicant objected to separation.
930702:  Medical evaluation for drug abuse found the Applicant not to be drug dependent.

930722:  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the Applicant had committed misconduct due to drug abuse, that the misconduct warranted separation, and recommended discharge under other than honorable conditions.

930726:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse.

930812:  BUPERS 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 19930813 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, 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 received a Page 13 counseling/retention warning for uttering worthless checks and excessive indebtedness. 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 should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, credible evidence of a substance free lifestyle and certification of non-involvement with civil authorities. As of this time, the Applicant has not provided any documentation for the Board to consider. 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 . Navy Military Personnel Manual, (NAVPERS 15560C), Change 5/93, effective
05 Mar 93 until 21 Jul 94, 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 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

Similar Decisions

  • NAVY | DRB | 2006_Navy | ND0600214

    Original file (ND0600214.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions) and that the Narrative Reason for Separation be changed. The separation authority directed that the Applicant be discharge by reason of misconduct due to drug abuse. 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...

  • USMC | DRB | 2002_Marine | MD02-00663

    Original file (MD02-00663.rtf) Auto-classification: Denied

    MD02-00663 Applicant’s Request The application for discharge review, received 020409, requested that the characterization of service on the discharge be changed to general/under honorable conditions and that the RE Code be changed. Dear Chairperson:After a review of the Former Service Members (FSM) DD Form 293 Application for the Naval Discharge Review Board of Discharge or Dismissal from the Armed Forces of the United States and all of the evidence assembled for review, we continue to...

  • NAVY | DRB | 2002_Navy | ND02-01256

    Original file (ND02-01256.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-SKSN, USN Docket No. Bill that was made available to me at that time. Applicant is being prosecuted by the City of Norfolk, VA on a warrant for possession of cocaine.

  • NAVY | DRB | 2002_Navy | ND02-00808

    Original file (ND02-00808.rtf) Auto-classification: Denied

    A direct violation of Article 86 of the UCMJ), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. No indication of appeal in the record.930723: Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by CO's NJP held on 930722.930723: Applicant advised of his rights and having elected not to consult with counsel...

  • NAVY | DRB | 2004_Navy | ND04-00212

    Original file (ND04-00212.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. 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. Navy Military Personnel Manual, (NAVPERS 15560C), Change 5/93, effective 05 Mar 93 until 21 Jul 94, Article 3630620, SEPARATION OF ENLISTED MEMBERS BY REASON OF MISCONDUCT DUE TO DRUG ABUSE.B.

  • NAVY | DRB | 2006_Navy | ND0600708

    Original file (ND0600708.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 19930712 by reason of misconduct due to commission of a serious offense (A and B) with a service characterization of under other than honorable conditions. ” The names, and votes of the members of the Board are recorded on the original of this document and may be...

  • NAVY | DRB | 2002_Navy | ND02-00635

    Original file (ND02-00635.rtf) Auto-classification: Denied

    ND02-00635 Applicant’s Request The application for discharge review, received 020404, requested that the characterization of service on the discharge be changed to general/under honorable conditions. (f) (1).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...

  • NAVY | DRB | 2001_Navy | ND01-00044

    Original file (ND01-00044.rtf) Auto-classification: Denied

    891005: CNMPC directed the applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use). PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 891006 under other than honorable conditions for misconduct due to drug abuse (use) (A). In response to the applicant’s issue 2, the applicant has not provided any documentation of good character and conduct.

  • NAVY | DRB | 2004_Navy | ND04-00627

    Original file (ND04-00627.rtf) Auto-classification: Denied

    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. Suspended punishments: To forfeit 521.00 per month for 2 months, reduction to E-1.010906: NJP for violation of UCMJ, Article 86: Unauthorized absence, specification: In that Airman Apprentice W_ R_ (Applicant), on active duty, US Navy Strike Fighter Squadron ONE TWO TWO, Lemoore, CA did on or...

  • NAVY | DRB | 2001_Navy | ND01-00907

    Original file (ND01-00907.rtf) Auto-classification: Denied

    ND01-00907 Applicant’s Request This application for discharge review, received 010705, requested the characterization of service issued to the Applicant at the time of his discharge be changed to general/under honorable conditions. 860506: An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the Applicant had committed misconduct due to drug abuse, that the misconduct warranted separation, and recommended discharge under other than...