Search Decisions

Decision Text

NAVY | DRB | 2006_Navy | ND0600229
Original file (ND0600229.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. ND06-00229

Applicant’s Request
The application for discharge review was received on 20051116. The Applicant requests the Discharge 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 designated the Oregon Department of Veteran s Affairs , Washington County , Oregon as the representative on the DD Form 293.
Decision

A documentary discharge review was conducted in Washington, D.C. on 20061006 . 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

 Issues submitted by representative on behalf of the Applicant :
“ Document 1 - VSO memo
Document 2 is the Administrative Decision from the VA denying “any VA benefits”. The Admin Decision states in the DISCUSSION :

“...discharged due to misconduct...charged with furnishing liquor to a minor August 8, 2003. No other evidence of misconduct was provided in his personnel records.”

That incident was a recreational, off-duty ride in his friend’s jeep (friend, EM3 P_ driving). EM3 P_ had alcohol in the jeep when Mr. F_ got into the vehicle. They took the jeep off-road thorough mud. Upon driving back to the Base through the gate, they were checked by the military police. It was determined that EM3 P_ was driving under the influence of alcohol, but EM3 P_ was 3 months short of his 21st birthday (legal drinking age). Mr. F_, 3 months over 21 (and not knowing P_ was under 21), had also had consumed alcohol.

There was a Captain’s Mast, and Mr. F_ was given 15 days on restricted duty and a fine of $200. There was no extra duty ordered and no reduction in rank.

We do not believe that this misconduct warrants a discharge in “other than honorable conditions”. While the conduct reflects a mistake in judgment, it does not seem be of a degree of significance supporting such a discharge.

We ask that the discharge be amended to a discharge above “under other than honorable”. Thank you for considering our request.

[signed]
D_ T. M_
Washington County Aging & Veterans Representative
ODVA Accredited Representative
Email Address .”
Applicant’s Remarks: Taken from the DD Form 293 to the Board:
“Please see “Document 1 – VSO Memo” attached” (Same as above issues)

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Member 4)
Ltr from Department of Affairs, dtd July 13, 2005 (2 pages)
Administrative Decision from Department of Veteran’s Affairs, undated (3 pages)
Ltr from D_ T. M_, CVSO, Washington County, Oregon Department of Veteran’s Affairs Accredited Representative , dtd November 3, 2005

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19991023 - 20000706      COG
         Active: None
Period of Service Under Review :
Date of Enlistment: 20000707             Date of Discharge: 20040803

 Length of Service (years, months, days):

          Active: 0 4 00 2 8 (Does not exclude lost time.)
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: 0 4 day s ( from DD Form 214 )
         Confinement:              None

 Age at Entry: 1 9

Years Contracted: 4 ( 27 -month extension)

Education Level: 12                                 AFQT: 44

 Highest Rate: EN3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3. 1 ( 7 )     Behavior: 2 . 6 ( 7 )                 OTA: 2 . 75

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): National Defense Service 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 :

991023:  Enlistment waiver granted for one non-minor misdemeanor offense (Criminal Mischief II of 990119).

 020808:  NJP for violation of UCMJ, Article 134: Furnishing liquor to a minor.
Award: Forfeiture of $200.00 pay per month for 1 month and restriction for 15 days. No indication of appeal in the record.
020905:  Applicant receives L.I.P Alcohol treatment screening at the Alcohol Treatment Department , Naval Station Bremerton, WA: 21 year old single white male. Frequency 1-2 times a month.       History: 3 uncle ETOH .
         Prior treatment counseling/evaluation 1998
          Legal problems: NJP Article 134
         No DX in regards to ETOH (Occupational PB)
          Nicotine Dependence
          Recommendations:
         IMPACT, Tobacco Cessation Class – Patient declined, History of LD, no barriers to Verbal Learning.
020919:  Applicant completes Alcohol and Drug IMPACT education.
Impact Summary: Alcohol Treatment Department, Naval Hospital, Bremerton, K. L. S_, Jr., M.Ed., CDP, Program Director, ATD: Alcohol and Drug-IMPACT education from 17 September 2002 to 19 September 2002. This 21 year-old, Caucasian, male, active duty, USN, EN3 with two years of continuous service attended three days (20 hours) of Alcohol and Drug IMPACT education (accredited by the State of Washington as Alcohol and Drug Information School [ADIS]). This education consisted of: films, lectures and discussion group on the subjects of alcohol, drug abuse, alcoholism, decision making and related topics; group interaction, individual counseling, study of recovery related lecture and attending at least one Alcoholics Anonymous (AA) meeting. The patient’s participation in the classes WAS SOMEWHAT indicative of involvement and application to him.

040620:  NJP for violation of UCMJ, Article 112a:
          Specification: Wron g ful use of amphetamine on or about 040430 .
Award: Forfeiture of $ 843.00 pay p er month for 2 month s , restriction and extra duty for 45 days, reduction to E- 3 . No indication of appeal in the record.
[ Extracted from Commanding Officer, USS ABRAHAM LINCOLN’s msg 191630Z JUL 04. ]

040625:  Applicant declines rehabilitation treatment prior to separation from the Naval Service.

 040630:  NJP for violation of UCMJ, Article 86 (3 specs): Failure to go to appointed place of duty.
          Specification: Failure to go to appointed place of duty, to wit: 0615 restriction muster on or about 040621 .
         Specification: Failure to go to appointed place of duty, to wit: 0615 restriction muster on or about 040622 .
         Specification: place of duty, to wit: 0615 restriction muster on or about 040625 .
 Award: Reduction to E-2 (suspended for 6 months). No indication of appeal in the record.
[Extracted from Commanding Officer, USS ABRAHAM LINCOLN’s msg 191630Z JUL 04.]

040713:  Applicant notified of intended recommendation for discharge by reason of misconduct due to pattern of misconduct; misconduct due to commission of a serious offense; and misconduct due to drug abuse, with the least favorable characterization of service as under other than honorable conditions.

040713 :  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

040719:  Commanding Officer, USS ABRAHAM LINCOLN’s msg 191630Z JUL 04. Recommends to C ommander, Cruiser Destroyer Group Three that Applicant be discharge d under other than honorable conditions by reason of misconduct due to pattern of misconduct, misconduct due to commission of a serious offense and misconduct due to drug abuse. Commanding Officer’s comments: “ ENFN F_ (Applicant)’s Commanding Officer’s mast of 020808 was held onboard the USS BRIDGE for supplying alcohol to a minor under the age of 21 yrs. I recommend characterization of service as other than honorable. Alcohol was not a factor in drug use. ”

0 4 0727:  Applicant found physically qualified for separation.

040729 :  Commander, Cruiser Destroyer Group Three directs that Applicant be discharged under other than honorable conditions for misconduct, drug abuse under MILPERSMAN 1910-146.

040803:  Applicant advised of, and provided opportunity to respond to, adverse evaluation report for lack of initiative, poor work ethic , failure to complete qualification on time and nonjudicial punishment for use of a controlled substance. No indication of Applicant response in the record.

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 20040803 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 ).

The Applicant contends, via his representative, that his characterization of discharge was not warranted based on a single incident of nonjudicial punishment for furnishing liquor to a minor. In the Applicant’s issue, the Board found that the Applicant was discharged for drug abuse, and that there is credible evidence in the record that the Applicant used illegal drugs, an offense under Article 112a of the UCMJ. 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 NDRB advises the Applicant that certain serious offenses warrant separation from the Navy in order to maintain proper order and discipline. Violation of Article 112a is considered a serious offense and a punitive discharge is authorized if adjudged at a special or general court-martial. In addition to drug abuse, the Applicant’s service was marred by 2 other nonjudicial punishment proceedings for violations of Articles 86 and 134 of the UCMJ. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Navy and falls far short of that required for an upgrade of his characterization of service. 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. 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), re-issued October 2002, effective 22 Aug 2002 until 28 April 2005, 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 | 2006_Navy | ND0600319

    Original file (ND0600319.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). I am trying to reenter the service but based on my RE code I can not I am asking to get this changed so that I may renter the military services.” Documentation Only the service and medical records were reviewed. 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...

  • 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 | 2005_Navy | ND0501139

    Original file (ND0501139.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). 040407: Commanding Officer, USS ABRAHAM LINCOLN recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. Alcohol was not a factor in drug use.COMCRUDESGRU THREE directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse.

  • NAVY | DRB | 2000_Navy | ND00-00361

    Original file (ND00-00361.rtf) Auto-classification: Denied

    ND00-00361 Applicant’s Request The application for discharge review, received 000202, requested that the characterization of service on the discharge be changed to General/under Honorable conditions. The applicant requested a documentary record discharge review. 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:Naval Council of Personnel Boards Attn: Naval Discharge Review Board 720...

  • 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 | 2006_Navy | ND0600591

    Original file (ND0600591.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). ” Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 (Member - 4) (2) PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USAR (DEP) 20001110 - 20010623 ELS USNR (DEP) 20021126 -...

  • 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 | 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 | 2007_Navy | ND0700636

    Original file (ND0700636.rtf) Auto-classification: Denied

    Discharge Process Date Notified: 20050109Reason for Discharge:- ALCOHOL REHABILITATION FAILURELeast Favorable Characterization: Date Applicant Responded to Notification:20050109 Rights Elected at Notification: Consult with Counsel Obtain Copies of Documents Submit Statement(s) (date) Administrative Board GCMCA review Commanding Officer Recommendation (date): (20050112) Separation Authority (date): COMMANDING OFFICER USS ABRAHAM LINCOLN (20050112)Reason for discharge directed: -ALCOHOL...

  • NAVY | DRB | 2002_Navy | ND02-00329

    Original file (ND02-00329.rtf) Auto-classification: Denied

    The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct - Pattern of misconduct, authority: NAVMILPERSMAN, Article 3630600. After a complete review of the entire record, including the evidence submitted by the Applicant, the board determined that his discharge was appropriate and that his evidence of post-service conduct was found not to mitigate the conduct for which he was discharged. The Applicant can provide additional documentation to support any claims of...