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NAVY | DRB | 2005_Navy | ND0501050
Original file (ND0501050.rtf) Auto-classification: Denied


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

ex-AR, USNR
Docket No. ND05-01050

Applicant’s Request
The application for discharge review was received on 20050606. 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. In the acknowledgement letter the Applicant was informed that he was approaching the 15 year point for review by this Board and was encouraged to attend a personal appearance hearing in the Washington, DC area. The Applicant did not respond.

 Decision

A documentary discharge review was conducted in Washington, D.C. on 20051117. 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 attached document/letter:

 “To Whom It May Concern:

I am writing with humbleness and sincerity in hopes of receiving a more favorable discharge from the Navy than the one I received almost fifteen years ago. I had my own successful business for quite a few years. Over a year ago I decided to go to college and shut down my business. There is a transcript included in this package showing my grades. My intention is to go to medical school so that I can work with people and help them.
While in the Navy I received a letter of commendation and a meritorious award, which is included in this package. I chose to be on the rifle team in boot camp. I consider myself to be a high achiever. I have a passion for learning and created this motto for myself several years ago: “Lifelong learning and excellence.”
I am requesting that my Naval discharge be upgraded to honorable. I would gladly accept general/under honorable conditions if that is the most that can be done. If it could be honorable, however, not only could it possibly allow me more personal success, it could possibly enable me to be more of a benefit to my community and to the United States of America.
The United States is a magnificent country. I strongly believe in our government and the greatness of our nation. I make this commitment to you: I will always do what is right and lawful. I will stand up for the United States always.

Respectfully,
[signed]
D_ J. H_ (Applicant)”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s letter, as quoted under “Issues,” dtd May 14, 2005
Character reference ltr from R_ E. S_ III M.D., Brightmore Outpatient Services, dtd June 1, 2005
Character reference ltr from CPT M_ O_, MD, Department of Internal Medicine, Eisenhower Medical Center, dtd April 15, 2005
Character reference ltr from S_ F. B_, dtd March 18, 2005
Character reference ltr from G_ A_, dtd May 19, 2005
Character reference ltr from L_ C_, dtd April 25, 2005
Character reference ltr from P_ W. B_, dtd April 13, 2005
Character reference ltr from D_ D_, dtd April 15, 2005
Three pages from Applicant’s service record
Dean’s List announcement for Spring Semester 2005
Web-based grade transcript from Augusta State University, printed May 30, 2005 (3 pages)
Record of contributions to Warren Baptist Church, dtd March 31, 2005 (2 pages)
Record of contributions to First Baptist Church of Augusta for 2002 and 2003 (2 pages)
Donation receipt ltr, dtd March 16, 2005
Donation receipt ltr, dtd October 8, 2003
Donation receipt, dtd July 2003
Donation receipt, dtd April 18, 2003
Donation receipt for donation received March 11, 2002
Donation receipt for donation received September 30, 2002
Applicant’s DD Form 214 (Member 1 and 4)
 First Aid and CPR Training Certificates from American Red Cross, dtd June 16, 2005

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: None
         Active: None

 Period of Service Under Review :
Date of Enlistment: 19890818             Date of Discharge: 19901022

 Length of Service (years, months, days):

         Active: 01 00 06
         Inactive: 00 01 28

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

 Age at Entry: 18

 Years Contracted: 8

 Education Level: 12                                 AFQT: 71

 Highest Rate: AA
Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.0 (1)              Behavior: 2.8 (1)        OTA: 3 .00

 Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214) : None


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

UNDER OTHER THAN HONORABLE CONDITIONS/ Misconduct - Drug abuse (Use), authority: MILPERSMAN, Article 3630620 .
Chronological Listing of Significant Service Events :

891017:          Applicant commenced 36-month term of active duty.

891025:  Applicant briefed on Navy's policy of drug and alcohol abuse.
901003:  NJP for violation of UCMJ, Article 112a:
         Specification: Wrongfully use some amount of marijuana on or about 90Sep15, as evidenced by SNM’s self admission on 90Sep18.
         Award: Forfeiture of $362 per month for 2 months, restriction and extra duty for 60 days, reduction to E-1. No indication of appeal in the record.

901003:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by your service record.
901003:  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

901004:  Medical Department USS NIMITZ. Applicant screened for dependency evaluation. “...Uses THC from several times/month to several times/week. Increased use in [past 11 months]... positive heavy ETOH use. Averages 7-8 beers/day... positive arrests for underage drinking.”
Assessment: THC abuse without dependence, ETOH abuse without dependence.
Recommendation: Discharge and Level II treatment.
901010:  Commanding Officer, USS NIMITZ, recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. Commanding Officer’s comments: “AR H_ (Applicant)’s wrongful use of marijuana is incompatible with maintaining high standards of performance, discipline and readiness, he possesses no potential for further naval service. Accordingly, I strongly recommend that he be separated from the naval service with an other than honorable discharge.”

901012:  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 19901022 by reason of misconduct due to drug abuse (A) 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 (B and C).

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 is marred by award of nonjudicial punishment (NJP) for illegal drug use, thus substantiating the misconduct for which he was separated. Separation under these conditions generally results in characterization of service under other than honorable conditions. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge. In the Applicant’s case, the Board could discern no impropriety or inequity and therefore consider his discharge proper and equitable. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. 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 the service. The NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, to the extent that such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review. After a complete review of the entire record, including the evidence submitted by the Applicant, the Board determined that his discharge was appropriate and that his evidence of post-service conduct was found not to mitigate the conduct for which he was discharged. Relief denied.

The following is provided for the edification of the Applicant. The NDRB has no authority to provided additional review of this case since Applicant’s discharge occurred more than 15 years ago. The Applicant may, however, petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100, concerning a change in the characterization of naval service, if he desires further review of his case.


Pertinent Regulation/Law (at time of discharge)

 A. Navy Military Personnel Manual, (NAVPERS 15560A), Change 11, effective
14 Jun 90 until 14 Aug 91, 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

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