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NAVY | DRB | 2006_Navy | ND0600307
Original file (ND0600307.rtf) Auto-classification: Denied


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

ex-YNSA, USN
Docket No. ND06-00307

Applicant’s Request
The application for discharge review was received on 20051206 . 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 20061025 . 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:

“ REQUESTING UPGRADE FOR RE-ENLISTMENT TO ACTIVE DUTY ”
Documentation
Only the service a nd medical record s 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)     20001013 - 20001024       COG
          Active: None
Period of Service Under Review :
Date of Enlistment: 20001025              Date of Discharge: 20021219

Length of Service (years, months, days):

          Active: 0 2 0 1 25
         Inactive: None

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

Age at Entry: 18

Years Contracted: 4 ( 12 -month extension)

Education Level: 12                                 AFQT: 7 0
Highest Rate: YNSA

Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2 . 5 ( 2 )               Behavior: 1 . 5 ( 2 )                           OTA: 2 . 41

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): Navy Expeditionary Medal, 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 :

001013:  Program waiver granted.

001013:  United States Navy Illicit Behavior Screening Certificate: Applicant acknowledged Enlisted Statement of Understanding.

020424 :  NJP for violation of UCMJ, Article 92: Failure to obey an order or regulation .
 Violation of UCMJ, Article 111 : Reckless operation of a vehicle .
          Award: Forfeiture of $ 75. 00 pay per month for 2 month s , reduction in rate . No indication of appeal in the record.
020712:  NJP for violation of UCMJ, Article 92: Failure to obey an order or regulation.
 Violation of UCMJ, Article 111: Reckless operation of a vehicle.
          Award: Forfeiture of $80.00 pay per month for 2 months, reduction in rate, restriction for 40 days. No indication of appeal in the record.

020804:  NJP for violation of UCMJ, Article 91: Insubordinate conduct to a warrant officer, non-commissioned officer, or a petty officer.
         Violation of UCMJ, Article 92: Failure to obey an order or regulation
 Award: Oral admonition. No indication of appeal in the record.
020930:  NJP for violation of UCMJ, Article 92: Failure to obey an order or regulation.
 Violation of UCMJ, Article 111: Reckless operation of a vehicle.
          Award: 30 days correctional custody, forfeiture of ½ pay per month for 2 months. No indication of appeal in the record.
020930:  Retention Warning: Advised of deficiency (Violation of UCMJ Article 92 (failure to obey a lawful order or regulation)), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
021001:  Applicant’s Appeal of NJP.
021007:  Commanding Officer, Naval Submarine Support Command recommended to Commander Submarine Force, U.S. Pacific Fleet that Applicant be discharged under other than honorable conditions by reason of misconduct due to commission of a serious offense and misconduct due to drug abuse. Commanding Officer’s comments : “YNSR M_ (Applicant) is being processed for misconduct duet o commission of a serious offense and misconduct duet o drug abuse. YNSR M_ has been to several NJP’s on various violations of the UCMJ. On 021015, YNSR M_ was found guilty at NJP for wrongful use of drugs, failure to obey an order, unauthorized absence and false or unauthorized pass offenses. Drug use is strictly prohibited by the Navy and is not honorable. This type of behavior does not align with the Navy’s core value and as such cannot be tolerated. Therefore, it is my strongest recommendation that YNSR M_ be discharged from the U.S. Navy with an Other Than Honorable discharge.”
021010:  NAVDRUGLAB, SAN DIEGO, CA, reported Applicant’s urine sample, received 021008, tested positive for THC.
021015:  NJP for violation of UCMJ, Article 86: Unauthorized absence.
 Violation of UCMJ, Article 92: Failure to obey an order or regulation.
Violation of UCMJ, Article 112a: Wrongful use of a controlled substance, marijuana.
Violation of UCMJ, Article 134: False or unauthorized pass offenses.
         Award: Forfeiture of ½ pay per month for 2 months, restriction for 60 days. No indication of appeal in the record.
021022:  Appealed denied by Commander, Submarine Squadron 3.

021031 :  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as under other than honorable conditions by reason of misconduct due to a serious offense and misconduct due to drug abuse.

0 21031 :  Applicant advised of rights and having consulted with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation .
021114 :  GCMCA, Commander Submarine Force, U.S. Pacific Fleet authorized 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 20021219 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 Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions). When the service of a member of the U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable. A general 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 Applicant’s service was marred by one retention warning and 5 nonjudicial punishment proceedings for violation of Articles 86 (Unauthorized absence), 91 (Insubordinate conduct toward warrant, noncommissioned, petty officer Striking or assaulting), 92 (Failure to obey an order or regulation), 111 (Reckless operation of a vehicle), 112a (Wrongful use, possession, etc. of controlled substances) and 134 (False or unauthorized pass offenses) 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. Relief is not warranted.

The Applicant is requesting and upgrade for reenlistment to active duty. Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, NDRB is not authorized to change a reenlistment code. An unfavorable “RE” code is, in itself, not a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes. 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 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 s 91 (Insubordinate conduct toward warrant, noncommissioned, petty officer striking or assaulting), 92 (Failure to obey an order or regulation), 111 (Reckless operation of a vehicle), 112a (Wrongful use, possession, etc. of controlled substances) and 134 (False or unauthorized pass offenses).

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 .

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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