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NAVY | DRB | 2005_Navy | ND0501296
Original file (ND0501296.rtf) Auto-classification: Denied


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

ex-BUCR, USN
Docket No. ND05-01296

Applicant’s Request
The application for discharge review was received on 20050727. 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 did not designate a representative on the DD Form 293.

 Decision

A documentary discharge review was conducted in Washington, D.C. on 20060406. 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 and/or attached document/letter:

“Dear Sir or Ma’am, I Respectfully request an upgrade on my discharge from the Navy from an OTH to a Gen. Und. Hon. If I am granted this upgrade It will help me to get on with my life. I know smoking marijuana was a bad decision and I was wrong in doing so, It was a dreadful decision I made when I was younger and I have faced the consequences since. I am ashamed for my family and my Country, whom I feel I disappointed and disgraced. I have lived with the error of that decision for five years and I beg of you to upgrade my discharge so I may get on with my life and look ahead to the future instead of living in the past. I am a good man and a good American. I have never been in any trouble in my life with the exception of the incident in the Navy. I am truely sorry for what I done and ask forgiveness. I hope you can forgive me and upgrade my discharge. Thank you, Respectfully Yours L_ A. M_(Applicant)”

 Submitted by Applicant subsequent to submission of application:

“Dear Sir or Ma’am,
In response to my acceptance for discharge review (ND05-01296) I have enclosed my DD 214 and this letter. Since I was discharged from the USN for smoking marijuana, I have not been able to hold a job very long. My actions in the Navy have haunted me since. It is all that is on my mind. It has kept me from getting jobs and it makes me ashamed and embarrassed. I have had four jobs in the five years I have been out and each one I didn’t work more than a few months.
My actions in the Navy are a constant distraction and I’m trying to resolve this matter while I’m still young enough to make a difference with my life.
I am 27 yrs old and live with my Father, I do errands for him to earn my keep. He works for Ford Motor Co. here in Atlanta. He has know one he can count on besides me to handle things for him while he is working.
He has really helped me out alot and without his support I don’t know where I would be now.
Sir or Ma’am I have never been in any kind of trouble in my life, with the exception of the incident I am writing to you about.
I feel its holding me back when I want to go forward with my life.
If you can find it in your hearts to overturn my discharge, It would change my life, It would give me back my ambition and confidence.
I worked very hard to get where I was in the military and in a blink it was gone.
 Please reconsider my actions and grant me a upgrade on my discharge.
Thank you
Respectfully Yours
L_ M_(Applicant)
(1) Alladin Floors (Redford, MI)
(2) Brookline Mart (Clinton, MI) (twice)
(3) Paragon Mgmt (Clinton, MI)”

 Documentation
In addition to the service and medical records, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19981114- 19981117       COG
         Active: None
Period of Service Under Review :
Date of Enlistment: 19981118             Date of Discharge: 20000509

 Length of Service (years, months, days):

         Active: 01 05 22
         Inactive: None

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

 Age at Entry: 20

 Years Contracted: 4 (12 month extension)

 Education Level: 12                                 AFQT: 38

 Highest Rate: BUCA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NA*                                    Behavior: NA*             OTA: NA*

 Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): None
* Not Available


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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: MILPERSMAN, Article 1910-146, formerly Article 3630620.
Chronological Listing of Significant Service Events :

981119:  You are being retained in the Naval service, despite your fraudulent induction as evidenced by your failure to disclose required basic enlistment eligibility information. This decision is based on the information you provided the Recruit Quality Assurance Interviewer and if it is found that additional information has not been disclosed, this waiver is void and you could be subject to other judicial or administrative proceedings, ie., Disobeyed traffic light, 7/94, Roseville, MI, Paid $100.00; Fault equipment/no seat belt/no insurance, 12/95, Armada Township, MI, paid $300.00. However, any further deficiencies in performance or conduct may result in processing for administrative separation.

000324:  NJP for violation of UCMJ, Article 112a - wrongful use of marijuana.
         Award: Forfeiture of $502.00 pay per month for 2 months, (forfeiture for 1 month suspended for 6 months), restriction and extra duty for 45 days, reduction to E-1. No indication of appeal in the record.

000509:  DD Form 214: Applicant discharged under other than honorable conditions by reason of misconduct due to drug abuse, authority: MILPERSMAN, Article 1910-146.

Service Record did not contain the Administrative Discharge package.
Service Record was missing elements of the Summary of Service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20000509 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 available records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (B and C). The Board presumed regularity in the conduct of governmental affairs (D).

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. 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 post-service 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 additional evidence related to this 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), Change 27, effective 27 March 2000 - 11 Feb 2001, 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 .

 D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs .

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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