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NAVY | DRB | 2006_Navy | ND0600536
Original file (ND0600536.rtf) Auto-classification: Denied


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

ex-PNSA, USN
Docket No. ND06-00536

Applicant’s Request
The application for discharge review was received on 20060308 . 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 20070110 . 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 General (Under Honorable Conditions) by reason of misconduct due to drug abuse.
The NDRB did note administrative error(s) on the original DD Form 214. Block 12a , Record of Service, Date E ntered AD This Period , should read : “ 04 March 16. ” T he Commander, Navy Personnel Command, Millington, TN, will be notified, recommending the DD Form 214 be corrected or reissued, as appropriate.




PART I - ISSUES AND DOCUMENTATION

Decisional Issues
Propriety and Equity: Lack of Evidence.

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Member 1)
Applicant’s DD Form 149
 59 Pages from Applicant’s Service Record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     20040114 - 20040315       COG
         Active: None
Period of Service Under Review :
Date of Enlistment: 20040316              Date of Discharge: 20050712

Length of Service (years, months, days):

          Active: 0 1 0 3 27 (Does not ex clude lost time.)
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: 7 day s *    
         Confinement:              None

Age at Entry: 18

Years Contracted: 4

Education Level: 12                                 AFQT: 81

Highest Rate: PNSA

Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NA* *                  Behavior: NA               OTA: NA

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): National Defense Service Medal, Global War On Terrorism Service Medal

* Extracted from DD Form 214
* * Not Available


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

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

050408 :  Applicant notified of intended recommendation for discharge by reason of misconduct due to drug abuse with the least favorable character of service as under other than honorable conditions.

050414 :  Applicant advised of rights and having consulted with counsel, elected to appear before an Administrative Discharge Board.
050512 :  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 recommended discharge with a general (under honorable conditions) character of service .
050620 :  Commanding Officer, Training Support Center Hampton Roads, r ecommended discharge with a general (under honorable conditions) character of service by reason of misconduct due to drug abuse. Commanding Officer’s comments: “ I concur with the findings and recommendations of the administrative board and strongly recommend that PNSA H_ (Applicant) be separated from active duty with a characterization of service as General. ”

050622 :  Commander, Naval Personnel Development Command , directed the Applicant's discharge with a general (under honorable conditions) character of service by reason of misconduct due to drug abuse.

050630:  Applicant began period of lost time. [Extracted from Form DD 214.]

050707:  Applicant ended period of lost time. [Extracted from Form DD 214.]

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 20050712 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 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 implies that her discharge is improper and inequitable because “the preponderance of evidence does not display any actual usage of drugs.” There is credible evidence in the record that the Applicant used illegal drugs. On 20050512, an administrative discharge board found unanimously that the Applicant had committed misconduct due to drug abuse and recommended separation by reason of misconduct due to drug abuse. Despite the board’s recommendation that the Applicant’s service be characterized as general (under honorable conditions), separation under these conditions generally results in characterization of service under other than honorable conditions. The evidence of record does not demonstrate that the Applicant was not responsible for her conduct or that she should not be held accountable for her actions. Relief denied.

The following is provided for the edification of the Applicant. Normally, to permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question. The Board discovered no impropriety after a review of Applicant’s case. 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 to consider mitigating the misconduct that resulted in the characterization of 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. 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 11, effective
29 April 2005 until Present, Article 1910-146, 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

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