Search Decisions

Decision Text

NAVY | DRB | 2005_Navy | ND0501435
Original file (ND0501435.rtf) Auto-classification: Denied


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

ex-OS3, USN
Docket No. ND05-01435

Applicant’s Request
The application for discharge review was received on 20050901. 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.

 Decision

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

“I believe I have served my debt back to the Service and Society. Living as a single civilian mom is not easy with a bad background from the Military that could follow us for the rest of our lives. I wish to go further with my career and not wondering if my DD-214 will hinder me from proceeding.”
Documentation
Only the service and medical records were reviewed. The Applicant did not provide additional documentation for the Board’s consideration.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19920826 - 19920901      COG
         Active: USN      19920902 - 19960417      HON
                   USN      19960418 - 20000728      HON
Period of Service Under Review :
Date of Enlistment: 20000729             Date of Discharge: 20021107

 Length of Service (years, months, days):

         Active: 02 03 09
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: 0 day
         Confinement:              0 day

 Age at Entry: 26

 Years Contracted: 6

 Education Level: 12                                 AFQT: 36

 Highest Rate: OS2

 Final Enlisted Performance Evaluation Averages (number of marks):
Performance: 3.5 (2)                       Behavior: 2.5 (2)                 OTA: 3.43
Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): Navy “E” Ribbon, Second Good Conduct Award for period ending 02Jan31, National Defense Service Medal (2), Sea Service Deployment Ribbon (2), Armed Forces Service Medal, Enlisted Surface Warfare Specialist


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 :

000729:  Reenlisted this date for a term of 6 years.
020510:  NAVDRUGLAB, Jacksonville, FL reported Applicant’s urine sample, received 020506, tested positive for THC.

 020620:  Summary Court-Martial.
         Charge: violation of the UCMJ, Article 112a: Wrongful use of controlled substance.
         Sentence: Forfeiture of $876.00, reduced to E-4.
         CA action 020701: Sentence approved and ordered executed. EAOS changed to 060728.
        
020624:  Applicant arrested by Norfolk Police Department and charged with point, hold, or brandish a firearm or an object similar in appearance to a firearm in such a manner so as to reasonably induce fear in the mind of another, or hold a firearm in a public place in such a manner as to reasonably induce fear in the mind of another of being shot or injured. [Extracted from Commanding Officer’s letter dated 021003.]

 020702:  Substance Abuse screening: No evidence of ETOH/drug dependency.

 020717:  Applicant found physically qualified for separation.

020820:  Civil Conviction: General District Court, Criminal Division, Norfolk, VA for violation of charge dropped to simple assault on 020624.
 Sentence: Fine $500.00, court costs $255.00, jail for 60 days, (58 suspended), unsupervised probation for 2 years
021003:  Applicant notified of intended recommendation for discharge by reason of misconduct due to drug abuse as evidenced by your Summary Court-Martial of 20 June 2002, misconduct due to commission of a serious offense as evidenced by your civilian conviction for simple assault on 20 August 2002, and misconduct due to civilian conviction as evidenced by your civilian conviction for simple assault on 20 August 2002.
021003:  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights.
021003:  Commanding Officer, Fleet Combat Training Center Atlantic recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse, misconduct due to commission of a serious offense, and misconduct due to civilian conviction. Commanding Officer’s comments: “(1) Through misconduct which includes drug abuse, OS3 D_(Applicant) has demonstrated an inability to adapt to the Navy’s environment or live up to our standards of performance and personal conduct. Based upon this misconduct, I believe that OS3 D_(Applicant) has no potential for further naval service and recommend that she be separated with an Other Than Honorable discharge.
 (2) Operations Specialist Third Class D_(Applicant) has been advised that she will be required to repay her bonus. She acknowledged this requirement and stated that she is willing to repay that amount. The final amount of repayment will be determined by Defense Finance Accounting Service upon their receipt of OS3 D_(Applicant)’s DD214.”
021022:  Commander, Navy Region, Mid-Atlantic 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 20021107 by reason of misconduct due to drug abuse (A and B) 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 (C and D). The Board presumed regularity in the conduct of governmental affairs (E).
The government enjoys a presumption of regularity in the conduct of its affairs. The record copy of the notification of intended recommendation for discharge, dated 021003, contains a line that is unreadable. The least favorable characterization of service cannot be discerned because of the scanning process. The Board presumes that the entire original document was readable and that the least favorable characterization of service was under other than honorable conditions. The rest of the document is clearly legible.

Normally, to permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question. The Board discovered no impropriety or inequity after a review of Applicant’s case. Relief unwarranted.

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 inappropriate.

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), re-issued October 2002, effective 22 Aug 2002 until Present, Article 1910-146 (formerly 3630620), Separation by Reason of Misconduct - Drug Abuse.
B. The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article 112a – wrongful use of controlled substances.
C. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety .
D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity .
E. 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

Similar Decisions

  • NAVY | DRB | 2003_Navy | ND03-00610

    Original file (ND03-00610.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of 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:Copy of DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USNR (DEP) 980715 - 980927 COG Active: USN None Period of Service Under Review :Date of Enlistment:...

  • NAVY | DRB | 2004_Navy | ND04-00722

    Original file (ND04-00722.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge. You may view DoD Directive 1332.28 and other Decisional Documents by going online at " afls14.jag.af.mil ".The names, and votes of the members of the Board are recorded on the original of this...

  • NAVY | DRB | 2006_Navy | ND0600793

    Original file (ND0600793.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. Character, Narrative Reason, and Authority of Discharge (at time of issuance):GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT (DRUG ABUSE), authority: MILPERSMAN, Article 1910-146, formerly 3630620. The Applicant requests upgrade in order to obtain educational benefits and because he needs a better job to “support” his “family.” The Veterans Administration determines...

  • USMC | DRB | 2006_Marine | MD0600398

    Original file (MD0600398.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) and the Narrative Reason for Separation be changed to “ Other. Mandatory processing for separation is required for Marines who abuse illegal drugs. 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...

  • NAVY | DRB | 2004_Navy | ND04-01363

    Original file (ND04-01363.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general (under honorable conditions). I was wrongfully accused and convicted of using drugs, although I had taken several urinalysis tests during my 30 plus months of service. There is no requirement that such evidence take the form of a positive urinalysis.

  • NAVY | DRB | 2006_Navy | ND0600665

    Original file (ND0600665.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. An under other than honorable conditions discharge is warranted when significant negative aspects of a member’s conduct or performance of duty outweigh the positive aspects of the member’s military record. ” 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...

  • NAVY | DRB | 2004_Navy | ND04-01086

    Original file (ND04-01086.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. Evaluations (5 pages) Applicant’ s DD Form 214 (Member 1) PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USNR (DEP) 990621 - 990907 COG Active: None Period of Service Under Review :Date of Enlistment: 990908 Date of Discharge: 020508 Length of Service (years, months, days):Active: 02 08 01 Inactive:...

  • NAVY | DRB | 2004_Navy | ND04-00966

    Original file (ND04-00966.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. 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. The names, and votes of the members of...

  • NAVY | DRB | 2004_Navy | ND04-00523

    Original file (ND04-00523.rtf) Auto-classification: Denied

    ND04-00523 Applicant’s Request The application for discharge review was received on 20040212. Decision A documentary discharge review was conducted in Washington, D.C. on 20041001. I request this consideration because my discharge was based on one isolated incident over 44 months of service, with no other adverse action.I entered the U.S. Navy in May of 1989.

  • NAVY | DRB | 2006_Navy | ND0600055

    Original file (ND0600055.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). 020913: An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the Applicant had committed misconduct due to drug abuse, that such misconduct warranted separation, and by vote of 2 to 1, recommended discharge under other than honorable conditions.021003: Commanding Officer, USS JARRETT...