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NAVY | DRB | 2006_Navy | ND0600540
Original file (ND0600540.rtf) Auto-classification: Denied


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

ex-MR3, USN
Docket No. ND06-00540

Applicant’s Request
The application for discharge review was received on 20060227 . 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 20061214 . 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 ization of the discharge shall not change. The discharge shall remain Under Other Than Honorable Conditions by reason of misconduct due to drug abuse.

The NDRB did note administrative error(s) on the original DD Form 214. Block 18, Remarks, should contain the following statement: “CONTINUOUS HONORABLE ACTIVE DUTY FROM 19990722 UNTIL 200 2 1123. ” The 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 :

No issues were submitted by the Applicant.
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Member 4)
Honorable Discharge Certificate, dtd November 23, 2002

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
          Inactive: USNR (DEP)     19880819 – 19880831               COG
         Active:  USN              19880901 – 19881019               ELS
          Inactive: USNR (DEP)     19990625 - 19990721       COG
          Active: USN       19990722 – 2002112 3      HON

Period of Service Under Review :
Date of Enlistment: 20021124              Date of Discharge: 20031120

Length of Service (years, months, days):

          Active: 00 11 2 6 (Does not in clude lost time.)
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: 84 day s
         Confinement:              30 day s

Age at Entry: 3 5

Years Contracted: 6

Education Level: 12                                 AFQT: 28/ 36

Highest Rate: MR3

Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 1 .0 ( 1 )     Behavior: 1 .0 ( 1 )                 OTA: 1 .00

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): Sea Service Deployment Ribbon (2), Armed Forces Expeditionary Medal (2), Meritorious Unit Commendation, Coast Guard Unit Commendation, National Defense Service Medal, Navy “E” Ribbon, Navy Unit C ommendation



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 :

021124 :  Reenlisted this date for a term of 6 years.

030728 :  NAVDRUGLAB, San Diego, CA , reported Applicant’s urine sample, received 030722 , tested positive for Methamphetamine.

030731 :  Applicant to unauthorized absence at 0700 on 030731 .

 031021 :  Applicant from unauthorized absence at 11 00 on 031021 ( 84 days/surrendered).
0 31022 :  Summary Court-Martial.
         Charge I: violation of the UCMJ, Article 86 :
          Specification: Did, on or about, 030731 , without authority, absent himself from his unit, to wit: USS ABRAHAM LINCOLN, located at Puget Sound Naval Shipyard, Bremerton, Washington, and did remain so absent until on or about 031 021. Plea: Guilty     Finding: Guilty
         Charge II: violation of the UCMJ, Article 112a:
          Specification: Did, at or near Bremerton, Washington, on or about 030618 wrongfully use methamphetamine .
         Plea: Guilty               Finding: Guilty
         Finding: to Charge I and Charge II and the specification thereunder, guilty.
          Sentence: Forfeiture of $700.00 pay per month for 1 month, reduced to
         E-1. Confinement for 30 days.
          CA action 031027 : Sentence approved and ordered executed .
        
031022 :  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 commission of a serious offense and misconduct due to drug abuse.

031022 :  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights .

031113 :  Commanding Officer, USS ABRAHAM LINCOLN , recommended discharge under other than honorable conditions by reason of misconduct due to a commission of a serious offense and misconduct due to drug abuse. Commanding Officer’s comments: “ I recommend characterization of service as other than honorable. Alcohol was not involved in drug use. ”

031115 :  COMCRUDESGRU THREE , directed the Applicant's discharge with 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 20031120 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 requests an upgrade of his characterization of discharge to honorable. Despite a servicemember’s record of service, certain serious offenses, even though isolated, warrant separation from the naval service in order to maintain proper order and discipline. 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 Applicant’s service was marred by a summary courts martial for violations of UCMJ Articles 86 (unauthorized absence for more than 30 days) and 112a (use of a controlled substance). Violations of Articles 86 and 112a are considered serious offenses for which a punitive discharge is warranted at courts martial . Regulations limit the Board’s review to a determination of the propriety and equity of the discharge. 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 states that he would like veteran’s 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 of 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 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 8 6 ( unauthorized absence for more than 30 days) and 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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