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NAVY | DRB | 2005_Navy | ND0501139
Original file (ND0501139.rtf) Auto-classification: Denied


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

ex-CSSA, USN
Docket No. ND05-01139

Applicant’s Request
The application for discharge review was received on 20050629. The Applicant requests the Discharge 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 designated the American Legion as the representative on the DD Form 293.

 Decision

A documentary discharge review was conducted in Washington, D.C. on 20060112. 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 and reason for 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:

“I have participated in a Christian Rehab program for 4 ½ months. It has helped me. Plus, I need a General discharge to be able to get my old post office job back, please.”

 Representative submitted no issues.
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (2)
Cover fax letter to the American Legion, undtd
Second page of DD Form 149
Letter to BCNR from the Applicant, dtd February 21, 2005
Character reference from Applicant’s sister, P_ M. R_, dtd February 7, 2005
Character reference from Applicant’s father, C_ C. R_, dtd February 21, 2005
Character reference from CPT F_ J_ K_ III, dtd February 7, 2005
Character reference from T_ N_, dtd February 15, 2005
Character reference from R_ I_, dtd February 15, 2005
Letter to the Applicant from Labor Relations Specialist, Northern New Jersey District, United States Post Office, dtd May 14, 2004 (2 pages)
Degree of Bachelor of Arts in Psychology, dtd May 4 th , 2000 (2)
Applicant’s resume
Undergraduate transcript (3 pages)
High School diploma, dtd June 1992
Army National Guard retirement points history statement, dtd January 8, 2004
Form 4187, Record of Promotion, dtd June 1, 1996
Report of Separation and Record of Service, New Jersey Army National Guard
Discharge notice from the Army National Guard, dtd February 20, 2003
Recommendation for award, dtd June 12, 1995
Four pages from Applicant’s Army National Guard service record
Certificate of achievement, dtd April 7, 2001
Certificate of completion, dtd August 26, 1996
Forty-eight pages from Applicant’s service record
Letter from Elizabeth High School, dtd May 30, 2002
Applicant’s academic record (2 pages)
Faxed letter from Applicant
Character reference from K_ A_, dtd June 14, 2005
Applicant’s pay stub from Quick Service Management
Certificate of completion, dtd August 12, 2005
Faxed letter from Applicant
Certificate of training, dtd August 2005
Faxed letter from Applicant
Faxed letter from Applicant
Letter of recommendation from Elizabeth Board of Education, Coordinator of Construction/Operation, M_ J_, dtd December 1, 2005
Faxed letter from Applicant
Verification of employment from Taco Bell, Human Resources Generalist, K_ A_, dtd December 12, 2005

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USANG  19920228 - 20030311      COG
          Active: None
Period of Service Under Review :
Date of Enlistment: 20030312             Date of Discharge: 20040422

 Length of Service (years, months, days):

         Active: 01 01 11
         Inactive: None

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

 Age at Entry: 30

 Years Contracted: 4 (12 month extension)

 Education Level: 16                                 AFQT: 62

 Highest Rate: CSSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.0 (1)*             Behavior: NA*             OTA: 3.50*
Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): National Defense Service Medal

*Extracted from supporting documents submitted by the Applicant.


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 :

040325:  NAVDRUGLAB, San Diego, CA, reported Applicant’s urine sample, received 040312, tested positive for cocaine.

 040405:  NJP for violation of UCMJ, Article 112a: Wrongful use of a controlled substance.
         Specification: In that Culinary Specialist Seaman C_ A. R_(Applicant), U.S. Navy, USS ABRAHAM LINCOLN, on active duty, did, at or near Seattle, Washington, on or about January 2004, wrongfully use cocaine.
         Award: Forfeiture of $622 per month for 2 months, restriction and extra duty for 45 days, reduction to E-2. No indication of appeal in the record.

040405:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as under other than honorable conditions by reason of misconduct-drug abuse.

040405:  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.
040407:  Commanding Officer, USS ABRAHAM LINCOLN recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. Commanding Officer’s comments: “I recommend characterization of service as other than honorable. Alcohol was not a factor in drug use.

040415:  COMCRUDESGRU THREE 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 20040422 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).

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. 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 could be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, and certification of non-involvement with civil authorities. The Board received and considered all of the Applicant’s submissions, including his numerous letters of recommendation, educational achievements, records of drug rehabilitation, Navy and Army National Guard personnel records, and employment as a manager at Taco Bell. After careful consideration, the Board concluded the Applicant’s post-service achievements have been insufficient to mitigate his misconduct while in the Naval service. Relief denied.
The Applicant desires an upgrade so that he may regain employment with the United States Postal Service. There is no requirement or law that grants recharacterization solely on the issue of enhancing employment opportunities and this issue does not serve to provide a foundation upon which the Board can grant relief. 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. The Applicant can provide any additional 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 28 April 2005, 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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