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NAVY | DRB | 2005_Navy | ND0501485
Original file (ND0501485.rtf) Auto-classification: Denied


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

ex-FR, USN
Docket No. ND05-01485

Applicant’s Request
The application for discharge review was received on 20050908. 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 20060619. 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 am currently seeking employment and many places would like to see at least a “general” discharge and I of course would like employment. I realize that I made grave errors in my lifestyle and choices in my civilian and military life. I wish to move forward and hopefully obtain a general discharge under honorable conditions, with all due respect.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Letter from Applicant

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19951025 – 19951227               ELS
         Inactive: USNR (DEP)     19960103 – 19960116               COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 19960117             Date of Discharge: 19961017

 Length of Service (years, months, days):

         Active: 00 09 01
         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: 67

 Highest Rate: FA

 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 3630620 .
Chronological Listing of Significant Service Events :

960103:  Enlistment waiver granted by AEPO for abuse of stimulant drugs between six months and one year ago.

960830:  NJP for violation of UCMJ, Article 112a (2 specs): Wrongful use of cocaine.
         Specification 1: In that Fireman Apprentice L_ J. P_, U.S. Navy, Service School Command, Great Lakes, Illinois, on active duty, did, somewhere in the Continental United States, between 960723 and 960725, wrongfully use a controlled substance, to wit: Cocaine.
         Specification 2: In that Fireman Apprentice L_ J. P_, U.S. Navy, Service School Command, Great Lakes, Illinois, on active duty, did, somewhere in the Continental United States, between 960730 and 960801, wrongfully use a controlled substance, to wit: Cocaine.
         Award: Forfeiture of $437 per month for 2 months, restriction and extra duty for 45 days, reduction to E-1. No indication of appeal in the record.

960830:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by all punishments under the UCMJ in your current enlistment.
960830:  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights.
960904:  Commanding Officer, Service School Command, Great Lakes, recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. Commanding Officer’s comments: “Enclosure (1) through (3) support subject administrative separation. FR P_’s (Applicant) misconduct is summarized above and she has clearly demonstrated no potential for further useful naval service. This type of conduct is not compatible with the standards demanded by the Navy. I strongly recommend her discharge be characterized as under Other Than Honorable conditions.”
960912:  Drug and Alcohol Abuse Report: Cocaine abuse as a result of a random urinalysis, recommended for separation from service not via VA Hospital. Comments: Applicant screened by DAPA on 960724, not screened by a Medial Doctor on 960821 Applicant was UA for appointment.
961001:  Commander, Naval Training Center, Great Lakes, directed the Applicant's discharge under other than honorable conditions by reason of misconduct drug abuse.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 19961017 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).

 Whenever a Sailor is involved in misconduct due to drug abuse, on the first offense, commanders shall process the Sailor for administrative separation. There is clear evidence in the Applicant’s service record that she used illegal drugs. Indeed, the Applicant received nonjudicial punishment on 19960830 for violation two specifications of UCMJ Article 112a: Wrongful use of controlled substance (cocaine). Evidence of such misconduct may be used to characterize a Sailor’s discharge as under other than honorable conditions.

 Characterization of service under other than honorable conditions 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 nonjudicial punishment proceedings documents that the Applicant wrongfully used cocaine between 19960723 and 19960725 and again between 19960730 and 19960801. This conduct, which forms the primary basis for determining the character of her service, falls well below that required for an upgrade in characterization of service. Relief not warranted.

The Applicant requests an upgrade in order to secure employment. The Applicant is advised that there is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits or enhancing employment and educational opportunities. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge. These issues do not serve to provide a foundation upon which the Board can grant relief. Relief on this basis is 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 post-service accomplishments or any other evidence related to the discharge at that time. Representation at a personal appearance hearing is recommended but not required.

Pertinent Regulation/Law (at time of discharge)

 A . Navy Military Personnel Manual, (NAVPERS 15560C), Change 14, effective
03 Oct 96 until 11 Dec 97, Article 3630620 SEPARATION OF ENLISTED PERSONNEL 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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