Search Decisions

Decision Text

NAVY | DRB | 2005_Navy | ND0501143
Original file (ND0501143.rtf) Auto-classification: Denied


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

ex-AA, USN
Docket No. ND05-01143

Applicant’s Request
The application for discharge review was received on 20050629. The Applicant requests that his characterization of service received at the time of discharge be changed to honorable or general (under honorable conditions). The Applicant requests a documentary record discharge review. The Applicant did not designate a representative on the DD Form 293.

 Decision

A documentary discharge review was conducted in Washington, D.C. on 20051215. After a thorough review of all available 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 characterization 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 application:

“Requesting upgrade of discharge to Honorable, trying to reenter military service, getting ready to join the national guards but wanting to go active duty”.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Copy 4)
Letter of Commendation, Commanding Officer USS Abraham Lincoln (CVN-72) for period of July 2002 to January 2003.
Ltr from National Personnel Records Center, W_ K_, Archives Technician (3A), undated

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     20010829 – 20010920               COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 20010921             Date of Discharge: 20030925

 Length of Service (years, months, days):

         Active: 02 00 05
         Inactive: None

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

 Age at Entry: 19

 Years Contracted: 4

Education Level: 12                                 AFQT: 37

 Highest Rate: AN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.0 (1)     Behavior: 3.0 (1)                 OTA: 3.0 (1)

 Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): National Defense Service Medal, Sea Service Deployment Ribbon, Navy Unit Commendation, Battle “E” Ribbon, Armed Forces Expeditionary Medal.


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 :

030717:  NAVDRUGLAB, San Diego, CA, reported Applicant’s urine sample, received July 14 2003, tested positive for Amphetamine.
030903:  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.
030903:  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights.

030904:  NJP for a violation of UCMJ, Article 112a (drug abuse, amphetamine).
         Award: Forfeiture of $675.00/month for 2 months, restriction and extra duty for 45 days, reduction to E-2. No indication of appeal in the record.
030906:  Commanding Officer, USS ABRAHAM LINCOLN (CVN-72), recommended to COMCRUDESGRU THREE, that the Applicant be discharged 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 use was involved in drug use.

030919:  COMCRUDESGRU THREE , directed the Applicant's discharge with type warranted by service record 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 20030925 by reason of misconduct due to drug abuse (A) with a service characterization of under other than honorable conditions. After a thorough review of all available records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (B and C).

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 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. Furthermore, processing for separation is mandatory for sailors who abuse illegal drugs, the misconduct for which that Applicant was discharged. The Applicant’s service record documented nonjudicial punishment (NJP) for a violation of UCMJ Article 112a (wrongful use of a controlled substance) . 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. Separation under these conditions generally results in an under other than honorable conditions, characterization of service. The Board could discern no inequity. Relief denied.

 The NDRB is not authorized to change a reenlistment code. The NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces. An unfavorable “RE” code is, in itself, not a bar to reenlistment. A waiver request can be submitted during the processing of a formal application for reenlistment through a recruiter. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.

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 a drug free lifestyle, confirmation of educational pursuits, verifiable employment records, documentation of community service, and certification of non-involvement with civil authorities. The Applicant provided no post service documentation for the Board’s consideration.

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 . 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

Similar Decisions

  • NAVY | DRB | 2005_Navy | ND0500930

    Original file (ND0500930.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). Alcohol was a factor in drug use.”COMCRUDESGRU THREE] directed the Applicant's discharge under other than honorable conditions by reason of misconduct drug abuse. At this time, the Board found that the Applicant’s statements concerning post-service conduct, without documented evidence, do not mitigate the offense for which he was discharged.

  • NAVY | DRB | 2002_Navy | ND02-00819

    Original file (ND02-00819.rtf) Auto-classification: Denied

    ND02-00819 Applicant’s Request The application for discharge review, received 020517, requested that the characterization of service on the discharge be changed to general/under honorable conditions. 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): Inactive: USNR (DEP) 960930 - 970602 COG Active: USN None Period...

  • NAVY | DRB | 2005_Navy | ND0500173

    Original file (ND0500173.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered: Letter of Support from O_ W_, Calvary Christian Center, dated October 26, 2004 Applicant’s DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USNR (DEP) 990629 -...

  • NAVY | DRB | 2006_Navy | ND0600059

    Original file (ND0600059.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION 030728: Commanding Officer, USS ABRAHAM LINCOLN, made a recommendation to Commanding Officer, COMCRUDESGRU THREE, regarding Applicant’s administrative processing due to drug abuse. 030729: COMCRUDESGRU THREE, directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse.

  • NAVY | DRB | 2005_Navy | ND0500769

    Original file (ND0500769.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. CA action 971119: Sentence approved and ordered executed.980422: NJP for violation of UCMJ, Article 86: Unauthorized absence (3 Specs). 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

  • NAVY | DRB | 1999_Navy | ND99-00469

    Original file (ND99-00469.rtf) Auto-classification: Denied

    He stated that he is extremely unhappy with military life and particularly duties with this current command the USS ABRAHAM LINCOLN. After a thorough review of the records, 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 applicant implies that a permissive doctrine exists whereby one in the military is allowed an "isolated incident". The applicant

  • NAVY | DRB | 2006_Navy | ND0600110

    Original file (ND0600110.rtf) Auto-classification: Denied

    ND06-00110 Applicant’s Request The application for discharge review was received on 20051020. The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions). Thank you, [signed] R_ W_ (Applicant)” Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered: Applicant’s DD Form 214 Medical Documents from Walla Walla VAMC (54...

  • NAVY | DRB | 2004_Navy | ND04-00150

    Original file (ND04-00150.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. I strongly recommend that FR M_ (Applicant) be separated from the naval service by reason of misconduct due to drug abuse and that his characterization of service be Other Than Honorable. 001212: DD Form 214 issued: Applicant discharged under other than honorable conditions by reason of misconduct due to drug abuse (use), authority MILPERSMAN 1910-146.

  • NAVY | DRB | 2005_Navy | ND0500300

    Original file (ND0500300.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general (under honorable conditions). 020206: Applicant completed two weeks of outpatient alcohol rehabilitation treatment at SARD aboard USS ABRAHAM LINCOLN (CVN 72).Retention Warning: Advised of deficiency (CO’s NJP of 020201 for VUCMJ, Article 86, unauthorized absence (3 specs); Article 91, disrespect in language; Article 134, drunk and disorderly. The names, and votes of the members...

  • NAVY | DRB | 2002_Navy | ND02-00456

    Original file (ND02-00456.rtf) Auto-classification: Denied

    ND02-00456 Applicant’s Request The application for discharge review, received 020225, requested that the characterization of service on the discharge be changed to honorable. On May 4 th I was informed that I was not going to be transferred and that all request where denied.My dad's condition was serious so I took the matter upon myself to leave my duty station on May 6 th 2000 and return home to provide care for my father. I received a General Discharge (under honorable conditions) and...