Search Decisions

Decision Text

NAVY | DRB | 2006_Navy | ND0600243
Original file (ND0600243.rtf) Auto-classification: Denied


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

ex-CE3, USN
Docket No. ND06-00243

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 . 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 20061006 . After a thorough review of the 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 th e NDRB. The Board’s vote was unanimous that the character of the discharge shall not change. The discharge shall remain General (Under 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:

“ A dverse characterization on my DD form 214 is causing civilian hardship due to the explanation of why I was not given an honorable discharge from military after serving nine years, seven months, and five days .”

Documentation

Only the service record was 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)     19940809 - 19950705       COG
         Active: USN      19950706 - 20000609       HON
 Active: USN                        20000610 - 20030605                        HON

Period of Service Under Review :
Date of Enlistment: 200 30606              Date of Discharge: 20041110

Length of Service (years, months, days):

          Active: 0 1 0 5 0 5
         Inactive: None

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

Age at Entry: 26

Years Contracted: 6

Education Level: 12                                 AFQT: 5 0
Highest Rate: CE2

Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4 . 7 ( 3 )     Behavior: 2.7 ( 3 )                  OTA: 3 . 5 3

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): Rifle Sharpshooter, Good Conduct Medal (2), National Defense Service Medal (2), Flag Letter of Commendation (7), Joint Meritorious Unit Award (2) , Humanitarian Service Medal (2), Overseas Service Ribbon, Navy “E” Ribbon (2), Meritorious Unit Commendation, NATO Medal, Sea Service Deployment Ribbon (2), Armed Forces Expeditionary Medal.


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

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

0 30606 :  Reenlisted this date for a term of 6 years.
040520 :  NJP for violation of UCMJ, Article 112a : Wrongful use of a controlled substance on 3 May 04.
Award: Forfeiture of $ 945. 00 pay per month for 2 month s , restriction and extra duty for 45 days, reduction to CE3 . No indication of appeal in the record.
041110:  DD Form 214: Applicant discharged general (under honorable conditions) by reason of misconduct due to drug abuse, authority MILPERSMAN 1910-146 & LTR DTD 04NOV02.


Service Record did not contain the Administrative Discharge package.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20041110 by reason of misconduct due to drug abuse (A and B) with a service characterization of general (under 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 (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 Applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issue. In the Applicant’s case, in the absence of a complete discharge package and without credible and substantial evidence to refute the Board’s presumption, the Board invoked the presumption of regularity. Specifically, the Board presumed that the Applicant was properly notified of his Commanding Officer’s intent to administratively process the Applicant for separation, that the Applicant was afforded all rights which he elected at notification and that the Applicant’s discharge was directed by proper authority.

Despite a servicemember’s prior record of service, certain serious offenses, even though isolated, warrant separation from the naval service in order to maintain proper order and discipline. The Applicant’s service record is marred by award of nonjudicial punishment (NJP) for violation of Article 112a of the UCMJ, wrongful use of a controlled substance, thus substantiating the misconduct for which he was separated. Violation of Article 112a is considered a serious offense for which a punitive discharge is authorized if adjudged as part of the sentence upon conviction by a special or general court-martial. Additionally, mandatory processing for separation is required for sailors who abuse illegal drugs. Separation under these conditions generally results in characterization of service as general (under honorable conditions) or under other than honorable conditions. 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.

That Applicant contends that his discharge should be changed because it is impeding his pursuit of civilian employment. The Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge. The Board discovered no impropriety or inequity after a review of Applicant’s case. Relief is not warranted.

The following is provided for the edification of the Applicant. 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. 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. 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 a controlled substance.

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 | 2007_Navy | ND0700556

    Original file (ND0700556.rtf) Auto-classification: Denied

    Recommendation on Separation: BY Recommendation on Characterization: BY Commanding Officer Recommendation (date): (20060320)Separation Authority (date): Commander Navy Region Southwest (20060323)Reason for discharge directed: - Characterization directed: Date Applicant Discharged: 20060404 Types of Documents Submitted by Applicant and Considered By BoardRelated to Military Service: Service and/or Medical Record:Other Records: Related to Post-Service Period:...

  • NAVY | DRB | 2006_Navy | ND0600438

    Original file (ND0600438.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable or general (under honorable conditions). I was close to finishing my tour that it was unfair to give me a bad discharge.” Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 (service 2) PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of...

  • NAVY | DRB | 2006_Navy | ND0600405

    Original file (ND0600405.rtf) Auto-classification: Denied

    The Applicant requests the Discharge 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:Applicant’s DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USNR (DEP) 19960228 - 19961105 COG Active: None Period of Service Under Review :Date of Enlistment: 19961106...

  • NAVY | DRB | 2006_Navy | ND0600882

    Original file (ND0600882.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) or entry level separation or uncharacterized. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 20030612 by reason of misconduct due to drug abuse (A and B) with a service characterization of under other than honorable conditions. ” The names, and votes of the members of the Board are...

  • NAVY | DRB | 2006_Navy | ND0600886

    Original file (ND0600886.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). CA action 040527: (Not found in record) 040701: DD Form 214: Applicant discharged under other than honorable condition by reason of misconduct drug abuse, authority MILPERSMAN 1910-146. 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 | 2006_Navy | ND0600956

    Original file (ND0600956.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. 050405: NAVDRUGLAB, Jacksonville, FL, reported Applicant’s urine sample, received 050331, tested positive for THC.050418: Report and Disposition of Offenses: Charge I: Violation UCMJ, Article 112a: Wrongful use of controlled substance. ” 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 | 2006_Navy | ND0600279

    Original file (ND0600279.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. My name is J_ a. S_(Applicant). 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 | ND0600364

    Original file (ND0600364.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). The discharge shall remain Under Other Than Honorable Conditions by reason of misconduct due to drug abuse. 010531: 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...

  • NAVY | DRB | 2006_Navy | ND0600310

    Original file (ND0600310.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. Violation of Article 112a is a serious offense for which a punitive discharge is authorized under Appendix 12 of the Manual for Courts-Martial (B) and typically warrants a characterization of service as under other than honorable conditions. The names, and votes of the members of the Board are recorded on the original of this document and may be obtained from the...

  • NAVY | DRB | 2006_Navy | ND0600553

    Original file (ND0600553.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. Mandatory processing for separation is required for Sailors who abuse illegal drugs. 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