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NAVY | DRB | 2006_Navy | ND0600425
Original file (ND0600425.rtf) Auto-classification: Denied


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

ex-ABFAR, USN
Docket No. ND06-00425

Applicant’s Request
The application for discharge review was received on 20060125 . 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 20061116 . 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 attached letter:

“ I, J_ W. B_ (Applicant) respectfully request to have my DD214 separation code changed. The reason I’m hoping for this change is to join the Marines, and make something of myself. I know that I had the opportunity in the Navy, but was trying to live another life as well. The other life was the life that I regret ever having anything to do with. People sometimes make bad decisions, I just happened to make a big one that I live with since that has happened. I have matured since that mistake. This is important to me, because I believe in a free country as much as the next American. I have learned about what it takes to be responsible for my own actions. In my closing statement, I would like to say, that almost everybody deserves a second chance (respectfully).

Sincerely,
J_ W. B_ (Applicant) ”

Applicant’s Remarks: (Taken from the DD Form 293)

“ MY PRAYER IS TO SEE MYSELF BELONGING TO SOMETHING MORE IMPORTANT ”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (2)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     20000420 - 20000507       COG
          Active: None
Period of Service Under Review :
Date of Enlistment: 20000508              Date of Discharge: 20010908

Length of Service (years, months, days):

          Active: 0 1 0 4 00 (Does not exclude lost time.)
         Inactive: None

 Time Lost During This Period (days):

         Unauthorized absence: 3 day s
         Confinement:              None

Age at Entry: 22

Years Contracted: 4

Education Level: 12                                 AFQT: 38

Highest Rate: AA

Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2 .0 ( 1 )              Behavior: 1 .0 ( 1 )                 OTA: 1 . 67

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): Sea Service Deployment Ribbon.



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 :

000420:  Applicant’s statement acknowledging he smoked cannabis 4 times in life because of friends and peer pressure.
000420:  United States Navy Illicit Behavior Screening Certificate indicates Applicant acknowledged he used narcotics, hallucinogens/psychedelic drugs over two years ago.
010701 :  Applicant to unauthorized absence at 0 65 0 on 010701 .
0 1 0 704 :  Applicant from unauthorized absence at 1915 on 010704 ( 3 days/surrendered).
010716:  NAVDRUGLAB, JACKSONVILLE, FL reported Applicant’s urine sample, received 010709 tested positive for THC.
010718:  Applicant’s statement acknowledging that he has no idea why he tested positive for THC . Admitted to marijuana usage before he joined the military, states he told the recruiter at personnel at MEPS.
0 10720 :  NJP for violation of UCMJ, Article 86 : In that AA J_ W. B_ (Applicant ), U.S. Navy, on active duty, did, on or about 0650, 010701, without authority, absent himself from his unit, to wit: USS NASSAU located at Norfolk, Virginia and did remain so absent until on or about 1915, 010704 .
 Violation of UCMJ, Article 112a : In that AA J_ W. B_, U.S. Navy, on active duty, did, in the Continental United States on or between 010701 and 010705 w rongful use of a controlled substance to wit: marijuana .
          Award: Forfeiture of $ 521. 00 pay per month for 2 month s , restriction and extra duty for 45 days, reduction to E- 1 . No indication of appeal in the record.
0 1 0 720 :  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as under other than honorable conditions by reason of misconduct drug abuse.

0 10720 :  Applicant advised of rights and having elected not to consult with counsel elected to waive all rights .

010823:  Applicant not identified as a substance abuser or found dependent on drugs, does not need treatment at a Residential Rehabilitation program.
010826 :  Commanding Officer, USS NASSAU (LHA 4) recommended to Commander, Amphibious Group TWO that applicant be discharge d under other than honorable conditions by reason of misconduct due to drug abuse. Commanding Officer’s comments : “ Drug abuse can not be tolerated. AR B_’s (Applicant) actions are totally unacceptable and detrimental to the command’s morale and welfare. He is either incapable, or simply unwilling of adhering to the rules and regulations of this command and the U.S. Navy, and has not conducted himself in a manner conducive to good order and discipline. I strongly recommend that AR B_ be separated from the naval service by reason of misconduct due to civilian conviction and misconduct due to drug abuse, and that his characterization of service be Under Other Than Honorable. ”
010830 :  GCMCA, Commander, Amphibious Group TWO directed the Applicant's discharge under other than honorable conditions by reason of misconduct drug abuse.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20010908 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 is requesting a discharge characterization of service upgrade to honorable. 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. The Applicant’s service was marred by one nonjudicial punishment proceeding for violations of Articles 86 (Unauthorized Absence) and 112a (Wrongful use, possession, etc. of controlled substances) 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.

There is credible evidence in the record that the Applicant used illegal drugs. For the edification of the Applicant, 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 Board found no indication in the record that the Applicant was inequitably or improperly denied treatment for his drug use. 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 claims he has learned about what it takes to be responsible for his actions and he has matured since the mistakes he made while on active duty. The statement contained in the application that the Applicant’s admission was due to his youth and immaturity was found to be insufficient justification to warrant a change in the reason for discharge. Relief denied.

The Applicant is requesting a separation code change so that he can join the Marines. 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), Change 33, effective 16 Jul 2001 until 21 Aug 2002, 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, possession, etc. of controlled substances) .
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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