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NAVY | DRB | 2006_Navy | ND0601010
Original file (ND0601010.rtf) Auto-classification: Denied

ex-ADAN, USN
ND06-01010

 Current Discharge and Applicant’s Request:

 Application Received:                               20 060725
Characterization of Service:                      
Narrative Reason for Separation:                          
Discharge Authority:                                MILPERSMAN 1910-146
Last Duty Assignment/Command at Discharge:       VRC 30, NAS NORTH ISLAND, CA

Applicant’s Request:    
         Characterization change to:              
         Narrative Reason change to:              
         Review Requested:                         
         Representation:                            


Decision:
Date of Decision:                                            20 070608
Location of Board:                                  Washington D.C.
Complete Service Record:                                   
Complete Medical Record:                          
Complete Discharge Package:                       

Regarding propriety, the Board found the discharge:     
Regarding equity, the Board found the discharge:        
(BCD only) The Board found that clemency was:  

By a vote of the Characterization shall .     
By a vote of the Narrative Reason shall .

Summary of Service :

Prior Service:
 Inactive: USNR (DEP)                                20000925-20001205 COG
Active:                                          NONE      
Period of Service Under Review :
Date of Enlistment:                                 20001206      
Years Contracted :                                   ;      
Date of Discharge:                                  20020927
Length of Service:                                  01 Yrs 09 Mos 22 Days Does not exclude lost time, if any.
Time Lost During This Period:                          
                          
Education Level:                                   
Age at this Enlistment:                                    
AFQT:                                                 53
Highest Rate/Rank:                                   AD3

Performance Evaluation Averages (number of marks):
 Performance /Behavior/OTA :                          1.0 (1) 1.0 (1) 1.00
        
Awards and Decorations (as listed on the DD Form 214):
NATIONAL DEFENSE SERVICE MEDAL


Service Record Entries Related to Characterization of Service or Narrative Reason for Separation

20000925:        Enlistment waiver for one non-minor misdemeanor (Poss ession of Marijua n a) and four minor misdemeanor (Vandalism unlicensed driver , in park after 10 pm, and minor in possession of tobacco is granted ) .
20020809 :         NAVDRUGLAB, San Diego, CA, reported Applicant’s urine sample, received 20020806 , tested positive for Methamphetamine .
20020812 :        Report and Disposition of Offense: The Applicant was in violation of Article 112a : Did, at or near San Diego, CA on or about 20020809, wrongfully use Methamphetamine while onboard Fleet Logistics Support Squadron THREE ZERO .
         Award: NOT FOUND IN RECORD .


Medical Record Entries Related To Characterization Of Service Or Narrative Reason For Separation
20020708:        Naval Medical Center, San Diego. Suicide Consult. Applicant brought by command due to possible SI…denies SI past/present…admits to writing down thoughts about not living anymore – roommate fount note and alerted command…recvd DUI last Tue – very upset about effects that will have on his citizenship process.
         A/P: Adjustment d/o (acute). Will refer to 32 nd St Mental Health …contracts for safety.

20020910:        Confinement physical. Applicant found fit for confinement.

20020911:        Medical Division, NAVCONBRIG Miramar. Applicant received this date for confinement at this facility.


Elements of Discharge: [INVOLUNTARY]
Discharge Process:                                 
Date Notified:                                       20020905      
Reason for Discharge                                due to:
Least Favorable Characterization:                         
Record Supports Narrative Reason:                         
Date Applicant Responded to Notification:                 NOT INDICATED IN RECORD
Rights Elected at Notification:
 Consult with Counsel                      
Administrative Board                      
Obtain Copies                             
Submit Statement(s) (date)                              

Recommendation of Commanding Officer (date):     NOT FOUND IN RECORD
Separation Authority (date):     COMNAVAIRFOR U.S. PACIFIC FLEET ( 20020917 )
 Reason for discharge directed:                     misconduct – DRUG ABUSE
Characterization directed:      
Date Applicant Discharged:                         20020927



Additional Information Considered by Board

 Type of d ocumentation submitted by t he Applicant and considered by the Board
        Document Type                                        #Pages
 Related to Period of Service:
          Service/Medical Record :                              5
         Other Period of Service:                                    0
Related to Post-Service Period:
          Community Service :                                   0
         Education :                                           0
         Employment :                                          0
         Health /Medical :                                       0
         Character Statements:                               0
         Criminal Records Checks:                                    0
         Additional Statements from Applicant:             0
Other Documentation      (Describe Below)                 1

Total Number of Pages:                              6

D escription of Other Documentation:
Letter of A ppreciation

Applicant’s Issues as Summarized by the Board:
 1. Discharge is based on one isolated incident

Decisional Issues:
 The Board considered the following issue:

Issue 1 ( ) : Despite a servicemembers prior record of service, certain serious offenses warrant separation from the Naval service in order to maintain proper order and discipline. There is credible evidence in the record that the Applicant used illegal drugs. 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. In addition, the Applicant’s record contains evidence, contrary to his assertion of “one isolated incident,” of a possible incident of driving under the influence of alcohol. 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 is denied.

In reviewing discharges, the Board presumes regularity in the conduct of Government affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant. After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Service Record Entries, Medical Record Entries, Elements of Discharge and evidence submitted by the Applicant, the Board found the Applicant’s discharge proper and equitable.


Pertinent Regulation/Law

 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 . 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 V, Para 502, Propriety and Para 503, Equity .
C. 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 substance s ).


ADDENDUM: Information for the Applicant
Complaint Procedures : 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 Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction . You should read Enclosure (5) of the Instruction 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 Instruction 1332.28 and other Decisional Documents by going online at “ http://Boards.law.af.mil . ”

Additional Reviews : Subsequent to a document review, former members are eligible for a personal appearance hearing, provi ded the 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. If a former member has been discharged for more than 15 years , has already been grante d a personal appearance hearing or has otherwise exhausted his opportunities before the NDRB, the Applicant may petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100 for further review.

 Service 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.
Employment / Educational Opportunities : 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.

Reenlistment/RE-code: Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, the NDRB is not authorized to change a reenlistment code. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities. 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.
Medical Conditions and Misconduct : DoD disability regulations do not preclude a disciplinary separation. Appropriate regulations stipulate that separations for misconduct take precedence over potential separations for other reasons. Whenever a member is being processed through the Physical Evaluation Board, and subsequently is processed for an administrative involuntary separation for misconduct, the disability evaluation is suspended. The Physical Evaluation Board case remains in suspense pending the outcome of the non-disability proceedings. If the action includes either a punitive or administrative discharge for misconduct, the medical board report is filed in the member’s terminated health record. Additionally, the NDRB does not have the authority to change a narrative reason for separation to one indicating a medical disability or “PTSD . ” Only the Board for Correction of Naval Records can grant this type of narrative reason change.

Automatic Upgrades - 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 may 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.

Issues Concerning Bad-Conduct Discharges (BCD ) – Because relevant and material facts stated in a court-martial specification are presumed by the NDRB to be established facts, issues relating to the Applicant’s innocence of charges for which he was found guilty cannot form a basis for relief. With respect to a discharge adjudged by a court-martial, the action of the NDRB is restricted to upgrades based on clemency. Clemency is an act of leniency that reduces the severity of the punishment imposed.

Board Membership: 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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