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NAVY | DRB | 2006_Navy | ND0600273
Original file (ND0600273.rtf) Auto-classification: Denied


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

ex-GSM3, USN
Docket No. ND06-00273

Applicant ’s Request
The application for discharge review was received on 20051130. 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 20061005 . 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:

“Respectfully request that my discharge be upgraded due to the fact that it was one isolated incident within 28 months of dedicated service. If you will pleas review my record you’ll see that I was a good sailor and this is the only time I’ve been in trouble ever

 Life out of uniform is very bad for me and I know I’ll never be worthy of putting it back on. But my life isn’t about me anymore it’s all about my son and wife. I wish I had realized that before I made the mistakes that I have made. My family is totally innocent . I didn’t know how serious my discharge was until I got out into the civilian world. I don’t fit in here and I never will. My only concern is making the best life possible for my family because right now it’s all that I’ve got.
The main reason I’m respectfully requesting an upgrade to my discharge is that I cannot and will not get a good job with this hanging over my head. I really want to come back into the navy but I know that’s asking too much for what I did. I miss it everyday but I don’t have time to sit around and cry with a growing boy in the house. I want to go back to college so I can set an example and make a better life for them. I’ve been trying to go to CDL school but it’s too far away. I did about two weeks but I couldn’t afford the gas. Please give me the means that I need to get a better education.”
Documentation
In addition to the service and medical record s , the following additional documentation, submitted by the Applicant , was considered:
Letter from Applicant , undtd
 Applicant ’s DD Form 214 (Member 1 and 4)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     20000726 - 20000921       ELS
                  USNR (DEP)       20001012 - 20001017      COG
          Active:   None

Period of Service Under Review :
Date of Enlistment: 20001018              Date of Discharge: 20050310

Length of Service (years, months, days):

          Active: 0 4 0 4 22
         Inactive: None

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

Age at Entry: 22

Years Contracted: 4 ( 11 -month extension)

Education Level: 1 3                                 AFQT: 42

Highest Rate: GSM2

Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4 .0 ( 2 )                        Behavior: 5.0 ( 2 )                  OTA: 3.93

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): Navy and Marine Corps Achievement Medal (2ND), Nat ional Defense Service Medal, Sea Service Deployment Ribbon (2ND), Good Conduct Medal, Battle “E”, GWOTEM, CWOTSM


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 :

001012 :  Pre-service waiver for DEP discharge granted.
001012 :  Applicant briefed on Navy's policy of drug and alcohol abuse.
050218 :  NJP for violation of UCMJ, Article 112a : (Wrongful use of a controlled substance ) .
         Award: Forfeiture of $ 5 00 .00 per month for 2 month s , restriction and extra duty for 45 days, reduction to E- 4 . No indication of appeal in the record.

 050218 :  Applicant disqualified and no longer authorized to wear the ESWS insignia or use the Enlisted Surface Warfare (SW) designator. Failed to maintain qualifications as an Enlisted Surface Warfare Specialist (ESWS) in that loss of confidence upon member’s misconduct.

050309 :  COMCARSTRKGRU FOURTEEN directed the Applicant 's discharge und er other than honorable conditions by reason of misconduct due to drug abuse.

050310:  Applicant found medically qualified for separation.

 Service Record contains a partial Adm inistrative Discharge package.
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 20050310 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 Applicant states his discharge was based on one isolated incident in “28 months of dedicated service.” 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. Separation under these conditions generally results in characterization of service under other than honorable conditions. The Applicant’s service record documents an award of nonjudicial punishment (NJP) for illegal drug use, thus substantiating the misconduct for which he was separated. The summary of service clearly shows that misconduct due to drug abuse was the reason the Applicant was discharged. In the Applicant’s case, the Board could discern no impropriety or inequity and therefore consider his discharge proper and equitable. Relief denied.

The Applicant also mentions that his discharge affects his ability to obtain gainful employment and obtain educational benefits. The Veterans Administration determines eligibility for post-service benefits not the Naval Discharge Review Board. There is no requirement or law that grants recharacterization solely 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 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 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. 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 (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

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