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NAVY | DRB | 2008_Navy | ND0801634
Original file (ND0801634.rtf) Auto-classification: Denied

ex-OSSA, USN
Current Discharge and Applicant’s Request
Application Received: 20080801
Characterization of Service Received:
Narrative Reason for Discharge: USN - DRUG ABUSE
Authority for Discharge: BUPERS 171919Z NOV 93 (DRUG ABUSE)

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

Summary of Service

Prior Service:
Inactive: US N R (DEP)      19900222 - 19900814              Active:

Period of Service Under Review:
Date of Enlistment: 19900815      Period of E nlistment : Years Extension   Date of Discharge: 19931123
Length of Service : Y ear s M onth s 09 D a ys        Education Level:         Age at Enlistment:
AFQT: 54 Highest Rank /Rate : OS3
Evaluation M arks: Performance: 3.5 ( 5 ) Behavior: 3.4 ( 5 ) OTA: 3.6
Awards and Decorations ( per DD 214):      JMUA

Periods of UA /C ONF :

NJP : 4
- 199 3 0513 : Art icle 86 (Unauthorized absence)
Awarded : Susp ended :

- 19930518 : Art icle 92 (Violate a lawful general regulation by wrongfully consuming alcohol underage)
Awarded : Susp ended : Vacate suspension 19930520

- 19930520 : Art icle 128 (No further infor mation found in service record)
Awarded : Susp ended :

- 19930520 : Article 90 ( Willful disobedience of a lawful order)
                  - Extracted from Commanding Officer’s message dated 19931108
Awarded: Susp ended :

- 19931028 : Art icle 112a ( Drug use, w rongful use of control substance , marijuana )
Awarded : Susp ended :

S CM : SPCM: C C :

Retention Warnings:

- 19900821: No further information found in service record , e xtracted from CO’s message dated 19931108 .

- 19910827 : For a pattern of alcohol abuse .

- 19920213: No further information found in service record , e xtracted fr om CO’s message dated 19931108.

- 19920519 : For alcohol abuse incident number two. Underage drinking on 19920511 and subsequent OIC mast for the
same on 19920518.

Retention Warnings (cont) :

- 19930520 : For unauthorized absence.
- 19920607: No further information found in service record , e xtracted fr om CO’s message dated 19931108.

- 19930520 : For unauthorized absence.

- 19930520 : For willfully disobeying an order by the Commanding Officer.
Administrative Corrections to the Applicant’s DD 214

The NDRB did note administrative error(s) on the original DD Form 214:

          “ MILPERSMAN 3630620
         “ MISCONDUCT

The NDRB will recommend to the C ommander, Navy Personnel Command , that the DD 214 be corrected as appropriate.
Types of Documents Submitted/reviewed

 Related to Military Service:     
DD 214:         Service/ 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 Congress m ember :

Other Documentation (Describe) :

Pertinent Regulation/Law

 A. Navy Military Personnel Manual, (NAVPERS 15560C), Change 5/93, effective 5 March 1993 until 21 July 1994,
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 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 , Drug abuse .




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

Applicant’s Issues

 1. Seeking to join VFN, American Legion or Florida National Guard.
2. Youth and immaturity.

Decision

Date : 20 08 1113   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

 : The Applicant contends he has regrets as to how he was discharged from the Navy and would like to join the local V FN, American Legion or Florida National Guard so that he can make a difference in his community . 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 , specifically the paragraph concerning s , for additional information regarding .

: ( ) . The Applicant contends his discharge should be upgraded because he was young and immature at the time of his discharge : He now has two children and he would like to make them proud. 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. The record reflects that the Applicant had 8 retention warnings and 4 NJP’s during this enlistment for violations of the U niform C ode of M ilitary J ustice: Article 86 (UA); Article 90 ( Willful disobedience of a lawful order ); Article 92 ( Failure to obey lawful order or regulation ); Article 112a (Drug use, w rongful use of a controlled substance ); and Article 128 ( Assault ) . While the Applicant may feel that his youth and immaturity was the underlying cause of his misconduct, the evidence of record did not show the Applicant was either not responsible for his conduct or that he should not be held accountable for his actions due to youth or immaturity . The Board acknowledged the discharge characterization was appropriate and b ased on the frequency and seriousness of the Applicants misconduct and the lack of mitigating evidence an upgrade would be inappropriate.

The following information is provided for the Applicant’s edification . 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. The NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, 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. Verifiable proof of post-service accomplishments must be provided in order for the Applicant to claim post-service conduct and behavior as a reason to upgrade a less than honorable discharge. Documentation to help support a post service conduct upgrade includes, but is not limited to: a verifiable continuous employment record ; marriage and children’s birth certificate (if applicable); character witness statements; documentation of community or church service ; certification of non-involvement with civil authorities ; evidence of financial stability or letters of good standing from banks, credit card company’s, or other financial institutions; and documentation of a drug free lifestyle. 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 conduct mitigates the reason for the characterization of discharge. At this time, the Applicant has not provided any documentation for the Board to consider an upgrade.

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, the Board found



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 or is referred to a court martial 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 or for any basis wherein an Other Than Honorable Discharge is authorized, 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 other medical related reasons. 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 special 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. The NDRB does not have the jurisdictional authority to review a discharge or dismissal resulting from a general court-martial.

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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