Search Decisions

Decision Text

NAVY | DRB | 2008_Navy | ND0800071
Original file (ND0800071.rtf) Auto-classification: Denied

ex-HT3, USN
Current Discharge and Applicant’s Request
Application Received: 20070924
Characterization of Service Received:
Narrative Reason for Discharge: - DRUG ABUSE
Authority for Discharge: MILPERSMAN 3630620

Applicant’s Request:     Characterization change to:
                           Narrative Reason change:

Summary of Service

Prior Service:
 Inactive: US N R (DEP)               19860131 - 19860608              Active: 19860610 – 19890609 (HON)
Period of Service Under Review:
 Date of Enlistment: 19910213                        Period of enlistment : 4 Years            Date of Discharge: 19930927
Length of Service : 02 Yrs 07 Mths 15 D ys          Education Level: GED               Age at Enlistment: 22     AFQT: 84
Highest Rank /Rate : HT2             Evaluation marks: Performance: 3.6 ( 5 )    Behavior: 3.6 ( 5 )                  OTA: 3.72 (5)
Awards and Decorations ( per DD 214): Pistol , , (2), w/ bronze star, , and

NJP :      19930913 : Art icle 112a (wrongful use of a controlled substance, marijuana) . Awarded - , , and ( Susp - )
        

Types of Documents Submitted

 Related to Military Service:      DD 214:          Service and/or Medical Record:            Other Records:

Related to Post-Service Period:  
         Employment:                        Finances:                          Education /Training :     
         Health/Medical Records:           Substance Abuse:                           Criminal Records:       
         Family/Personal Status:           Community Service:                References:              
        
Additional Statements From Applicant:             From Representat ion :              From Member of Congress:
Other Documentation (Describe)



DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
DISCHARGE REVIEW DECISIONAL DOCUMENT

Applicant’s Issues

 1. Isolated incident otherwise good Sailor.
2. Post Service – Family, Master Auto Tech, GED, contends employed, good member of community, supports family, instructor and student Central Texas Community College.

Decision

Date: 20 08 0207             Location: Washington D.C         R epresentation :

By a vote of the Characterization shall .
 By a vote of the Narrative Reason shall MISCONDUCT – DRUG ABUSE .
Discussion

 Issue 1 ( ): The Applicant contends that his characterization of service is inequitable because it is based upon one isolated incident. C ertain serious offenses (though isolated) warrant separation from the 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 the discharge. S eparation processing is mandatory for Sailors who abuse illegal drugs. Violations of UCMJ Article 112a (wrongful use of a controlled substance) carries a maximum penalty of a dishonorable disc harge and up to 5 year s of imprisonment if adjudicated by a court martial. The Applicant waived h is right to an administrative board and the discharge authority directed the Applicant’s discharge after ensuring com pliance with MILPERSMAN 3630620 . An under other than honorable conditions characterization of service 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. N othing indicates that the Applicant’s discharge was in any way inconsistent with the standards of discipline in the United States Navy. The Applicant’s conduct 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 upgr ade.
Issue 2 ( ): The NDRB is authorized to consider post-service factors in the re characterization 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 the civilian life subsequent to leaving the servi ce. Normally, to permit relief a procedural impropriety or inequity must have been found to have existed during the period of enlistment in question. O utstanding 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 statement in his letter to the board claiming to be enrolled in Central Texas College, an instructor with Central Texas College, a volunteer for children’s bowling league and at the on base auto skills center. His wife also wrote the Board documenting his family and that he is a hard working productive member of society. The Applicant provided a copy of his GED and Master Automobile Technician certificate. The Applicant's efforts need to be more encompassing than those provided. For example, the Applicant could have produced confirmation of a drug free lifestyle, evidence of continuing educational pursuits, a verifiable employment record, documentation of community service, and certification of non-involvement with civil authorities. The Board determined that the documentation provided by the Applicant did not mitigate the misconduct which resulted in the Applicant’s discharge and characterization of his service .

In reviewing discharges, the Board presume s regularity in the conduct of g overnment al affairs unless there is substantial credible evidence ( to include evidence submitted by the Applicant ) to rebut the presumption . After a thorough review of the available evidence to include the Applicant’s s ummary of s ervice, m edical and s ervice r ecord e ntries, d ischarge p rocess and evid ence submitted by the Applicant the Board found that

Pertinent Regulation/Law

 A. Navy Military Personnel Manual, (NAVPERS 15560C), Change 5/93, effective 05 Mar 93 until 21 Jul 94, Article 3630620, SEPARATION OF ENLISTED MEMBERS BY REASON OF MISCONDUCT DUE TO DRUG ABUSE.
 B. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures a nd 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 .

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 to the Joint Service Review Activity, OUSD (P&R) PI-LP, The Pentagon, Washington, DC 20301-4000 . 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.
Employmen t / 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 | 2007_Navy | ND0700623

    Original file (ND0700623.rtf) Auto-classification: Denied

    Applicant’s Request: Characterization change to: Narrative Reason change: Applicant’s Issues: 1. 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 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...

  • NAVY | DRB | 2008_Navy | ND0800373

    Original file (ND0800373.rtf) Auto-classification: Denied

    Types of Documents SubmittedRelated to Military Service: DD 214: Service and/or Medical Record: Other Records: Related to Post-Service Period: Employment: Finances: Education/Training: Health/Medical Records: Substance Abuse: Criminal Records: Family/Personal Status: Community Service: References: Additional Statements From Applicant: From Representation: From Member of Congress: Other Documentation (Describe) DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW...

  • NAVY | DRB | 2005_Navy | ND0500061

    Original file (ND0500061.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. No indication of appeal in the record.980902: DD Form 214 issued: Applicant discharged under other than honorable conditions by reason of misconduct due to drug abuse, authority: NAVMILPERSMAN, Article 1910-146. The Applicant may, however, petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100, concerning a change in the...

  • NAVY | DRB | 2008_Navy | ND0800563

    Original file (ND0800563.rtf) Auto-classification: Denied

    Types of Documents SubmittedRelated to Military Service: DD 214: Service and/or Medical Record: Other Records: Related to Post-Service Period: Employment: Finances: Education/Training: Health/Medical Records: Substance Abuse: Criminal Records: Family/Personal Status: Community Service: References: Additional Statements From Applicant: From Representation: From Member of Congress: Other Documentation (Describe) DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW...

  • NAVY | DRB | 2004_Navy | ND04-01311

    Original file (ND04-01311.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. Chronological Listing of Significant Service Events :0307xx: Applicant charged with DUI and grand theft auto this month, day unknown [extracted from performance evaluation dtd 031128]. As of this time, the Applicant has not provided any documentation for the Board to consider.

  • NAVY | DRB | 2005_Navy | ND0500347

    Original file (ND0500347.rtf) Auto-classification: Denied

    ND05-00347 Applicant’s Request The application for discharge review was received on 20041215. The Applicant requested the characterization of service received at the time of discharge be changed to honorable. The Applicant requested a documentary record review.

  • NAVY | DRB | 2001_Navy | ND01-00775

    Original file (ND01-00775.rtf) Auto-classification: Denied

    Age at Entry: 22 Years Contracted: 2 (4 months extension) Education Level: 9 GED AFQT: 33 Highest Rate: MS3 Final Enlisted Performance Evaluation Averages (number of marks): Performance: 3.00 (4) Behavior: 2.75 (4) OTA: 2.75 Military Decorations: None Unit/Campaign/Service Awards: SSDR, BER with 1 Star, NEM, MUC Days of Unauthorized Absence: None Character, Narrative Reason, and Authority of Discharge (at time of issuance):UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – Drug abuse (Use),...

  • NAVY | DRB | 2002_Navy | ND02-00575

    Original file (ND02-00575.rtf) Auto-classification: Denied

    Accordingly, I recommend that AA B_ (Applicant) be discharged from the naval service for drug abuse with a characterization of Other Than Honorable.] The Applicant After a complete review of the entire record, including the evidence submitted by the Applicant, the Board determined that the Applicant’s discharge was proper and equitable and that his evidence of post-service accomplishments was found not to mitigate the conduct for which he was discharged.

  • NAVY | DRB | 2006_Navy | ND0600467

    Original file (ND0600467.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). Thank you for this right and reviewing this application. As of this time, the Applicant has not provided any post-service documentation for the Board to consider.

  • NAVY | DRB | 2002_Navy | ND02-00761

    Original file (ND02-00761.rtf) Auto-classification: Denied

    ND02-00761 Applicant’s Request The application for discharge review, received 020506, requested that the characterization of service on the discharge be changed to honorable or general/under honorable conditions. Thank you Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant's DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USNR 910814 -...