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NAVY | DRB | 2006_Navy | ND0600380
Original file (ND0600380.rtf) Auto-classification: Denied


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

ex-ASAA, USN
Docket No. ND06-00380

Applicant’s Request
The application for discharge review was received on 20060110 . 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 20061108 . 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 and/or attached document/letter:
“ At the time, I was away from my immediate family, including my girlfriend and two small children. Although I had allotments sent to my family, there were many problems I still had to deal with. Some being financial others being both personal and emotional. Everyone experiences his or her own problems, and I know that I am not the only one with problems. At a young age I was trying to deal with things from thousands of miles away, and being in the Navy sometimes farther than that which made it almost impossible. I am not trying to right any wrongs that I have committed. I just do not feel that a person should be branded for life for a mistake made as a young adult. After eight years of living in this dark shadow of the whole ordeal, I would like a chance at a better life. This youthful mistake has shut numerous doors that I would like to open and step through as a mature man. The Navy is not for all people, and at times it seemed like it was not for me, but I was not recruited as most people were. I sought them out and was eager to go, and even now at times I wish I had stayed. Being the adult that I am now I just want this behind me.

 C_ J_ J_ ( A pplicant)
 ( Applicant’s social security number deleted)
[signed] ”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Member 1 and 4)
Applicant’s request pertaining to military records, dtd January 13, 2004
 Character Reference ltr from W_ C. J_, Jr, A pplicant’s father, undated
Character Reference ltr from L_ W_, A pplicant’s ex-wife, dtd July 30, 2005
 Applicant’s ltr re: employment history/other data, dtd March 14, 2006

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive:         USAR     - 19960129      Not available
                  USNR (DEP)       19960131 - 19960215       COG
         Active: None
Period of Service Under Review :
Date of Enlistment: 1996021 5              Date of Discharge: 19971230

Length of Service (years, months, days):

         Active: 01 10 16 (Does not exclude lost time.)
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: None
         Confinement:              3 day s

Age at Entry: 20

Years Contracted: 4
Education Level: 12                                 AFQT: 5 0

 Highest Rate: ASAN

Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.7 (3)               Behavior: 2.0 (3)                  OTA: 3.0 5

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): None


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 :

970902:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 0730-0930, 970802, 0630-0715, 970804, fail to go to appointed place of duty, to wit: Morning Quarters, located in the hangar bay, onboard USS GUAM (LPH 9) at Norfolk, Virginia at 0630, 970808, and fail to go to appointed place of duty, go wit: Security Desk Watch at 0730, 970808.
         Date of offense: 970802, 970804, 970808.
          Award: Forfeiture of ½ month ’s pay per month for a period of 2 month s , restriction and extra duty for 45 days, reduction to E- 1 (sic) . Forfeiture and reduction suspended for 6 months. No indication of appeal in the record.
970922:  NJP for violation of UCMJ, Article 86: UA from appointed place of duty, to wit: Restricted Men’s Muster at 0600, 970922.
         Award: Bread and water for 3 days. No indication of appeal in the record.
970922:  Applicant found fit for confinement on bread and water for 3 days .
971130 :  NJP for violation of UCMJ, Article 112a: Wrongfully use controlled substance from 970922 to 971007, to wit: Tetrahydrocannabinol.
         Award: Forfeiture of $ 505.00 per month for 2 month s , restriction and extra duty for 45 days, reduction to E- 2 . No indication of appeal in the record.

 971202:  Medical evaluation for marijuana use. Assessment: Drug abuse not dependence.

 971202:  Applicant found medically qualified for separation.

 971204   BUPERS directs that Applicant be discharged for misconduct due to drug abuse with a characterization of service as under other than honorable conditions.
[Extracted from DD Form 214, Block 25.]
971230 :  DD Form 214: Applicant discharge d under other than honorable conditions by reason of misconduct due to drug abuse, authority: MILPERSMAN 1910-146 (previously 3630620) .

Service Record did not contain the Administrative Discharge package.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 19971230 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 ). In the absence of the discharge package, t he Board presumed regularity in the conduct of governmental affairs ( D ).
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. An under other than honorable conditions 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. T he Applicant’s service was marred by 3 non - judicial punishment proceedings for violations of Articles 86 and 112a of the UCMJ. There is credible evidence in the record that the Applicant used illegal drugs. Mandatory processing for separation is required for S ailors who abuse illegal drugs. Separation under these conditions generally results in characterization of service under other than honorable conditions. 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 contends his disciplinary problems were the result of stress caused by his family situation. The NDRB recognizes that serving in the U.S. Navy is challenging. Our country is fortunate to have men and women willing to endure the hardships and sacrifices required in order to serve their country. It must be noted that most members of the Navy serve honorably and therefore earn their honorable discharges. In fairness to those members of the Navy, commanders and separation authorities are tasked to ensure that undeserving Sailors receive no higher characterization than is due. The NDRB found that the Applicant's service was equitably characterized. Relief denied.
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 the service. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. The NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, to the extent that such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review. Verifiable proof of post-service accomplishments , such as evidence of continuing educational pursuits, a verifiable employment record, documentation of community service, evidence of drug free existence, and certification of non-involvement with civil authorities, must be provided in order for the Applicant to claim post-service conduct and behavior as a reason to upgrade a less than honorable discharge. At this time, the Applicant has not provided sufficient documentation of post service character and conduct to mitigate the misconduct that resulted in the characterization of discharge for the Board to consider an upgrade.
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), Change 18, effective 12 Dec 97 to 19 May 99, 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 .

 D . 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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