Search Decisions

Decision Text

NAVY | DRB | 2009_Navy | ND0900637
Original file (ND0900637.rtf) Auto-classification: Denied

ex-AZAN, USNR
Current Discharge and Applicant’s Request
Application Received: 20090123
Characterization of Service Received:
Narrative Reason for Discharge: DRUG ABUSE
Authority for Discharge: MILPERSMAN

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

Summary of Service

Prior Service:
 Inactive: US N R (DEP)      20021112 - 20030826     Active:  

Period of Service Under Review:
 Date of Enlistment: 20030827     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 20050720      Highest Rank/Rate: AZ3
Length of Service : Y ear ( s ) M onth ( s ) 24 D a y ( s )
Education Level:        AFQT: 61
Evaluation M arks:         Performance: 3.5 ( 2 )      Behavior: 3.5 ( 2 )        OTA: 3.33

Awards and Decorations ( per DD 214):      NDSM

Periods of UA /C ONF :

SCM: SPCM: CC: Retention Warning Counseling:

NJP :
- 20050625 :       Art icle 112a ( Drug use, w rongful use of a controlled substance )
         Awarded : Susp ended :

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 :

Oth er Documentation :
20080417: Statement of character from Professor George McCoy, Pd.D., Benedict College
20080424: S tatement of character from S . R. , Ph.D., Associate professor/Director of Research, Benedict College  
20090105: Marion County sheriff’s office criminal record verification
                  20090106: Statement of character from Bishop C. Rush
                  20090107: Statement of character from Minister L . R .



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

Applicant’s Issues

1 . Immaturity.
 2 . Post service conduct.

Decision

Date: 20 0 9 0416             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

 Issues 1 : ( ) . The Applicant contends she is entitled to a discharge upgrade in her characterization to “Honorable”, due to her immaturity . When the quality of a service member has met the standards of accepted conduct and performance of duty for military personnel, it is appropriate to characterize that service under “Honorable” conditions. 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 Applicant’s record of service was marred by 1 NJP for violation of the U niform C ode of M ilitary J ustice (UCMJ) : Article 112a (Drug abuse). The NDRB advises the Applicant certain serious offenses warrant separation from the service in order to maintain proper order and discipline. Violation of Article 112a is one such offense requiring mandatory separation regardless of time in service or grade. Violations of this policy result in, at a minimum, mandatory processing for an administrative separation which usually results in an unfavorable characterization of discharge or, at a maximum, a punitive discharge and possible confinement if adjudicated and awarded as part of a sentence by a special or general court-martial. Even though this was a one time offense, it was serious enough to warrant a discharge “ Under Other Than Honorable Conditions ” .

Issue 2: (Equity) RELIEF WARR A NTED. The Applicant contends she is entitled to a discharge upgrade in her characterization to “Honorable”, due to her post service conduct. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation, which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in the civilian life subsequent to leaving the service. Outstanding post-service conduct, 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, is considered during Board reviews. 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 companies, 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 accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member’s overall character.

The Applicant provided numerous character references statements and documentation to include: A s tatement of character from Professor G . McCoy Pd.D., Benedict College; a statement of character from S . R . , Ph.D., Associate professor/Director of Research, Benedict College; a Marion County sheriff’s office criminal record verification; a s tatement of character from Bishop C. R ; a s tatement of character from Minister L . R .; and grade transcripts. The Board applauds the Applicant for her success in maintaining a 3.8 GPA, while working towards a Bachelors Degree.

A fter 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 the discharge was proper and equitable at the time
of discharge ; however, b ased upon the fact a single error in judgment was made , the Board finds this to be mitigated by her post service record ; the NDRB has granted a partial relief in her characterization to “ General (Under Honorable Conditions) ”.

Pertinent Regulation/Law

 A . The Naval Military Personnel Manual, (NAVPERS 15560C), Change 11, effective 29 April 2005 until Present, Article 1910-146, 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 (Drug abuse).

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

Similar Decisions

  • USMC | DRB | 2006_Marine | MD0600718

    Original file (MD0600718.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. The Board found no indication in the record that the Applicant was inequitably or improperly denied due process in either his NJP or administrative separation proceedings. The Board took note of the documents Applicant submitted indicating that he was notified of the recommendation for administrative separation on 19940921 and again on 19941019.

  • NAVY | DRB | 2001_Navy | ND01-00292

    Original file (ND01-00292.rtf) Auto-classification: Denied

    ND01-00292 Applicant’s Request The application for discharge review, received 010116, requested that the characterization of service on the discharge be changed to honorable. 930515: An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had been an unsatisfactory participant in the Ready Reserve, warrants separation, and recommended discharge under other than honorable conditions. After a thorough review of the...

  • NAVY | DRB | 2011_Navy | ND1100622

    Original file (ND1100622.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENT Applicant’s Issues 1.The Applicant seeks an upgrade to enhance employment opportunities. Relief denied.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries, and discharge process, the Board found Therefore, the awarded characterization of service shall and the narrative reason for separation shall remain . ” Additional Reviews :...

  • NAVY | DRB | 2009_Navy | ND0901302

    Original file (ND0901302.doc) Auto-classification: Denied

    ex-GMSN, USN Current Discharge and Applicant’s Request Application Received: 20090409 Characterization of Service Received: Narrative Reason for Discharge: (DRUG ABUSE) Authority for Discharge: MILPERSMAN Applicant’s Request: Characterization change to: Narrative Reason change to: Summary of Service Prior Service: Inactive: USNR (DEP) 20040615 - 20040907 Active: Period of Service Under Review: Date of Enlistment: 20040908 Age at Enlistment: Period of Enlistment: Years Extension Date of...

  • NAVY | DRB | 2003_Navy | ND03-01361

    Original file (ND03-01361.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. 941208: An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the Applicant had committed misconduct due to drug abuse, that the misconduct warranted separation, and recommended discharge general under honorable conditions. Verifiable proof of any post-service accomplishments must be provided in order for the Applicant...

  • NAVY | DRB | 2006_Navy | ND0600906

    Original file (ND0600906.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. There is credible evidence in the record that the Applicant used illegal drugs, a violation of Article 112a of the UCMJ. You may view DoD Instruction 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...

  • USMC | DRB | 2006_Marine | MD0600944

    Original file (MD0600944.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). ” 010119: Commanding Officer, Marine Barracks, Washington DC, recommended Applicant’s discharge under other than honorable conditions by reason of misconduct.010202: SJA review determined the case sufficient in law and fact.010202: GCMCA, Commanding General, Marine Corps Base, Quantico, directed the Applicant's discharge under other than...

  • NAVY | DRB | 2005_Navy | ND0501406

    Original file (ND0501406.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. Additional issues submitted by Applicant’s counsel/representative (Disabled American Veterans): “The applicant requests the characterization of service received at the time of discharge be changed to Honorable. Applicable regulations require that a Sailor’s characterization of service be based upon the member’s total performance of duty and conduct during the current...

  • NAVY | DRB | 2005_Navy | ND0500364

    Original file (ND0500364.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable or general (under honorable conditions). PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 19990818 under other than honorable conditions for misconduct due to drug abuse (A). There is credible evidence in the form of the Applicant’s own admission and a positive urinalysis screening, that he used illegal drugs.

  • NAVY | DRB | 2004_Navy | ND04-00617

    Original file (ND04-00617.rtf) Auto-classification: Denied

    ND04-00617 Applicant’s Request The application for discharge review was received on 20040303. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. In short, I feel that an upgrade to “honorable” would be consistent with the life I live today, and would be an investment that would enable me to be worth more to my country, as I look to the future with restored vision.