Search Decisions

Decision Text

NAVY | DRB | 2006_Navy | ND0601133
Original file (ND0601133.rtf) Auto-classification: Denied

ex-FR, USN
ND06-01133
Current Discharge and Applicant’s Request:

 Application Received:                               20 060901
Characterization of Service:                      
Narrative Reason for Separation:                           dUE TO DRUG ABUSE
Discharge Authority :                                MILPERSMAN 1910-146
Last Duty Assignment/ Command at Discharge:       TPU GREAT LAKE IL

Applicant’s Request:    
         Characterization change to:              
         Narrative Reason change to:              
         Review Requested:                         
Representation:                                             
Issues (as summarized by NDRB):                    1. E mployment
                                                      2 . 1 mistake
                                                      3 . Post service – college
                                                     

Decision:

 Date of Decision:                                            20 007072 7
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:        

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


Summary of Service:

 Prior Service:
 Inactive: USNR (DEP)                                19990115 – 19990 211 ELS
Inactive: USNR (DEP)                                19990723 – 1 9990928

Period of Service Under Review :
Date of Enlistment:                                 19990929
Years Contracted :                                        
Date of Discharge:                                  20000720
Length of Service:                                  00 Yrs 09 Mos 22 Days
Time Lost During This Period:                     
Days Unauthorized Absence:                         NONE
Days Confinement:                                   NONE

Education Level:                                    12
Age at this Enlistment:                                     19
AFQT:                                                 42
Highest Rate/Rank:                                   ICFA

Performance Evaluation Averages (number of marks):
 Performance :                                         N/A
Behavior :                                            N/A
OTA :                                                   N/A

Awards and Decorations (as listed on the DD Form 214): NONE



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

 20000620 :        NJP for violation of UCMJ:
          Article 112A : Wrongful use of a controlled substance (cocaine) .
         Award: Forfeiture of $ 502 .00 for 2 month s , restriction and extra duty for 45 days .
         No indic ation of appeal in the record.

20000620 :        Applicant notified of his intended recommendation for discharge with the least favorable characterization of service under other than honorable conditions by reason of misconduct due to drug abuse.

20000620 :        Applicant advised of rights and having elec ted not to consult with counsel , elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

 20000627 :        Commanding Officer, Service School Command, Great Lakes , recommended the Applicant’s discharge with a characterization of service as under other than honorable conditions by reason of misconduct due to drug abuse to Commander, Naval Training Center, Great Lakes .
20000705 :        Commander, Naval Training Center, Great Lakes , directed the Applicant's discharge with a characterization of service as under other than honorable conditions by reason of misconduct due to drug abuse.

20000705 :        DD-214 issued, Applicant discharged from naval service with a characterization of service as under other than honorable conditions by reason of misconduct due to drug abuse.


Elements of Discharge: [INVOLUNTARY]

 Date Notified :                                        20000620
Reason for Discharge                                due to:

Least Favorable Characterization:                         
Date Applicant R esponded to N otification:                 20000620
Rights E lected at N otification :
Consult with Counsel                      
Administrative Board                      
Obtain Copies                             
Submit Statement(s) (date)                               
                                                     
Recommendation of Commanding Officer (date):     ( 20000627 )
Separation Authority (date):      COMMANDER, NAVAL TRAINING CENTER, GREAT LAKES ( 20000705 )
Narrative reason directed :                                  
Characterization directed:      
Date Applicant Discharged:                         20000720


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 Under Review :
          Service/Medical Record :                              66
         Other Period of Service:                                    0
Related to Post-Service Period:
          Community Service :                                   0
         Education :                                           2
         Employment :                                          0
         Health /Medical :                                       0
         Character Statements:                               0
         Criminal Records Checks:                                    0
         Additional Statements from Applicant:             0
Other Documentation      (Describe Below)                 0

Total Number of Pages:                              68


Discussion

 Issues 1 ( E mployment) : either which the Board cannot form the basis of relief for the Applicant, or the Board does not have the authority to grant the relief for which the Applicant petitioned. The Applicant is directed to the Addendum regarding .

Decisional Issues:

Issue 2 (equity) (1 mistake): The Applicant states his discharge was based on one isolated incident. C ertain serious offenses, even though isola ted, warrant separation from Naval service in order to maintain proper order and discipline. The record documents the Applicant’s in-service use of illegal drugs, which is the basis for his discharge. The Applicant waived his right to an administrative board and did not dispute his discharge or the characterization. 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 considers his discharge proper and equitable. Relief denied.

Issue 3 (equity) (Post service – college): The NDRB is authorized to consider post-service factors in the recharacterization of a discharge. However, 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. Outstanding post-service conduct, 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, is considered. The Applicant provided a copy of his Associate of Applied Science degree and a copy of his Technical Certificate in Construction Electricity as documen tation of his post-service accomplishments . The Applicant's efforts need to be more encompassing than those provided. For example, the Applicant could have produced evidence of a verifiable employment record, documentation of community service, evidence of drug free existence, and certification of non-involvement with civil authorities. The Board determined that the documentation provided by the Applicant did not mitigate the misconduct t hat resulted in his characterization of service . Relief d enied.

In reviewing discharges, the Board presumes regularity in the conduct of Government affairs unless there is substantial credible evidence (from the Applicant’s Summary of Service, Service Record Entries, Medical Record Entries, Elements of Discharge , and evidence submitted by the Applicant ) to rebut the presumption.

Pertinent Regulation/Law

 A . The Naval Military Personnel Manual, (NAVPERS 15560C), Change 27, effective 27 March 2000 - 11 Feb 2001, 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 of a controlled substance .

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, provided 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 granted 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

Similar Decisions

  • NAVY | DRB | 2006_Navy | ND0601051

    Original file (ND0601051.rtf) Auto-classification: Denied

    Elements of Discharge: [INVOLUNTARY] Discharge Process: Date Notified:20030117Reason for Discharge erroneous entryLeast Favorable Characterization: Date Applicant Responded to Notification: 20030117Rights Elected at Notification:Consult with Counsel Administrative Board Obtain Copies Submit Statement Discharge directed by (date):COMMANDING OFFICER 20030123Narrative reason directed:ERRONEOUS ENTRYCharacterization directed: UNCHARACTERIZED Date Applicant Discharged: 20030128 Additional...

  • USMC | DRB | 2012_Marine | MD1200528

    Original file (MD1200528.rtf) Auto-classification: Denied

    The Applicant was afforded the opportunity to present his case to an administrative separation board, which voted 3-0 that a preponderance of the evidence indicated the Applicant had committed serious offenses, that he had established a pattern of misconduct from his previous offenses during his enlistment, and that separation Under Other Than Honorable Conditions was warranted. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal...

  • NAVY | DRB | 2006_Navy | ND0601195

    Original file (ND0601195.rtf) Auto-classification: Denied

    The evidence of record did not show that the Applicant was either not responsible for his conduct or that he should not be held accountable for his actions.Regarding Applicant’s Issue 2 and 3, the Board did not have the authority to grant the relief for which the Applicant petitioned. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities. Whenever a member is being processed through the Physical Evaluation Board, and...

  • NAVY | DRB | 2001_Navy | ND01-01108

    Original file (ND01-01108.rtf) Auto-classification: Denied

    The Naval Discharge Review Board (NDRB) also advised that the Board first conducts a documentary review prior to any personal appearance hearing. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged in absentia on 000224 under other than honorable conditions for misconduct due to drug abuse (use) (A). The applicant can provide additional documentation to support any claims of post-service accomplishments at that time.

  • NAVY | DRB | 2009_Navy | ND0900950

    Original file (ND0900950.rtf) Auto-classification: Denied

    By a unanimous vote of 5-0, the Board determined the characterization of service received, “Under Other Than Honorable Conditions,” and the narrative reason for the discharge; “Misconduct,” shall remain as issued considering the length of service and the UCMJ violations involved.After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries, discharge process and evidence submitted by the Applicant, theBoard found ADDENDUM: Information for...

  • NAVY | DRB | 2009_Navy | ND0900059

    Original file (ND0900059.rtf) Auto-classification: Denied

    The Applicant is advised that completion of these items alone does not guarantee the upgrade of an unfavorable discharge, as each discharge is reviewed by the Board on a case by case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member’s overall character.Besides the Applicant DD Form 293, no documentation was provided for review. After a thorough review of the available evidence, to include the...

  • NAVY | DRB | 2005_Navy | ND0500810

    Original file (ND0500810.rtf) Auto-classification: Denied

    Documentation Only the service and medical records was reviewed. As of this time, the Applicant has not provided any post-service documentation for the Board to consider. 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

  • USMC | DRB | 2002_Marine | MD02-00894

    Original file (MD02-00894.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant's DD Form 214 Letter to Applicant from Continental Airlines dated March 28, 2001 Letter from Houston Aviation Admission Council, undated Department of Transportation - Federal Aviation Administration card issued March 10, 2001 Certificate of recognition dated May 24, 2000 Certificate of graduation dated February 23, 2001 PART II - SUMMARY OF SERVICE...

  • NAVY | DRB | 2005_Navy | ND0501485

    Original file (ND0501485.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions). 961001: Commander, Naval Training Center, Great Lakes, directed the Applicant's discharge under other than honorable conditions by reason of misconduct drug abuse. 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...

  • NAVY | DRB | 2001_Navy | ND01-01175

    Original file (ND01-01175.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of DD Form 214 and duplicate Admin Discharge Package (12 pages) and duplicate Copies of Medical Record (8 pages) PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USNR (DEP) 951214 - 960129 COG Period of Service Under Review :Date of Enlistment: 960130 Date of Discharge: 960812 Length of...