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NAVY | DRB | 2005_Navy | ND0501335
Original file (ND0501335.rtf) Auto-classification: Denied


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

ex-ENFN, USN
Docket No. ND05-01335

Applicant’s Request
The application for discharge review was received on 20050809. The Applicant requested a documentary record discharge review and that his characterization of service be changed to general (under honorable conditions). The Applicant did not designate a representative on the DD Form 293.

 Decision

A documentary discharge review was conducted in Washington, D.C. on 20060504. 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


 Applicant’s issues and remarks, as stated on the application:

“TO USE SOME OF THE VA BENEFITS THAT WERE AVAILABLE AT TIME OF DISCHARGE, THAT ARE NOT AVAILABLE NOW. TO SUCCEDE IN LIFE WE MUST BE EDUCATED.”

 “I MADE A HUGE MISTAKE BY USING DRUGS IN MY TERM OF MILITARY SERVICE, AND I AM REGRETFUL OF MY DISCION. I HAVE NO ONE BUT MYSELF TO BLAME FOR THE OUTCOME OF MY DISCION. I HAVE LEARNED MY LESSON AND I’VE BEEN MOVING TOWARD A BETTER FUTURE. ALL OF MY ACCOMPLISHMENTS HAVE BEEN OVER SHADOWED BY THIS FAILURE ON MY PART. ALL I WANT IS A BETTER CHANCE TO BE SUCCESSFUL.”

 Documentation
The Applicant submitted the following documentation to be considered in addition to the service and medical records:
Letter from Applicant, dated August 09, 2005

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19990505 - 19990523      COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 19990524             Date of Discharge: 20030411

 Length of Service (years, months, days):

         Active: 03 10 18
         Inactive: None

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

 Age at Entry: 19

 Years Contracted: 4 (24 month extension)

 Education Level: 12                                 AFQT: 64

 Highest Rate: EN3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.0 (4)              Behavior: 2.3 (4)                 OTA: 2.76 (4)

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): Armed Forces Expeditionary Medal 2 nd , Sea Service Deployment Ribbon 2 nd , Navy “E” Award 2 nd , National Defense Service Medal, Sea Service 1 st , Meritorious Unit Commendation







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 :

010531:  NJP for violations of the UCMJ, Article 92 (failure to obey an order) and Article 107 (false official statement).

030317:  NAVDRUGLAB, Jacksonville, FL, reported Applicant’s urine sample, received 030307, tested positive for MDA, MDMA, and THC.

 030324:  NJP for a violation of the UCMJ, Article 112a: (wrongful use of a controlled substance, methylenedioxy-amphetamine (Ecstasy) and marijuana).
         Award: Forfeiture of $907.50 per month for 2 months, reduction to E-3, restriction, and extra duty for 45 days. No indication of appeal in the record.

030325:  Applicant notified of the intended recommendation for his discharge by reason of misconduct due to drug abuse and that his least favorable characterization of service would be under other than honorable conditions

030325:  Applicant elected not to consult with counsel, and to waive all rights.
030328:  Commanding Officer, USS NORMANDY (CG 60) recommended to Commander, Cruiser Destroyer Group Two the discharge of ENFN R_ D_ M_ Jr (Applicant) under other than honorable conditions by reason of misconduct due to drug abuse. Commanding Officer’s comments: “ENFN R_ D_ M_ Jr (Applicant) abused MDA/MDMA and marijuana in violation of UCMJ Article 112a. In absence of any evidence to the contrary, member was found guilty at respective NJP held on 24 March 2003. Member was presented Administrative Separation Processing Notice-Administrative Board Procedure (NAVPERS 1910/31) for reason of misconduct due to drug abuse on 25 March 2003 and chose to waive all rights. I recommend member be given an administrative separation. I further recommend the discharge be characterized as Other Than Honorable since ENFN M_(Applicant)’s conduct constituted a significant departure from conduct expected of members of the naval service.”

030404:  COMCRUDESGRU TWO directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse.

030411:  Applicant discharge in absentia by reason of drug abuse with an other than honorable characterization of service.


PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20030411 by reason of misconduct due to drug abuse (A) with an under other than honorable conditions characterization of service. 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. Applicable regulations require that a Sailor’s characterization of service be based upon the member’s total performance of duty and conduct during the current enlistment. The Applicant’s service record documented two non-judicial punishments for violations of the UCMJ, Article 92 (failure to obey an order), Article 107 (false official statement), and Article 112a (wrongful use of a controlled substance). Processing for separation is mandatory for sailors who abuse illegal drugs, the misconduct for which that Applicant was discharged. The evidence of record clearly documents the Applicant’s blatant disregard for authority and does not demonstrate that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions. Separations under these conditions generally result in an under other than honorable conditions characterization of service. The Board could discern no impropriety or inequity. Relief denied.

 The Applicant’s issue is that of obtaining VA benefits. There is no law that grants recharacterization based on the issue of obtaining Veterans' benefits and this issue does not serve to provide a foundation upon which the Board can grant relief. Additionally, the Board has no authority to upgrade a discharge for the purpose of enhancing housing, medical, employment or educational opportunities. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge. This issue is without merit, relief not warranted.

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 evidence of a drug free life, educational documents, verifiable employment records, documentation of community service, and certification of non-involvement with civil authorities. The Applicant provided no documentation as evidence of his post service conduct. Relief not warranted.

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

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