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

 
ex-FA, USN
Docket No. ND03-00918

Applicant’s Request

The application for discharge review was received on 20030425.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable or general/under honorable conditions and the reason for the discharge be changed to “to be able to re-enlist”.  The Applicant requests a personal appearance hearing discharge review before a traveling panel closest to Colts Neck, NJ.  The Applicant did not list any representative on the DD Form 293.  In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing, also advised that the Naval Discharge Review Board does not travel; all hearing are held in the Washington D.C area.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040812.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB.  The Board’s vote was unanimous that the character of the discharge shall not change.  The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-146, formerly Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

I am writing this to ask for another chance to enlist in the U.S. Navy.  I am not making excuses, point being I made mistakes.  I just want to take the time out to explain where I went wrong w/ my career.  I was engaged to my girlfriend she got pregnant so I was doing good showing up for work early leaving late doing all I needed to be a 5.0 sailor a few weeks later my mother got ill she was given three (3) years to live, I was close to my mom and requested to go on leave time after time (about 4 times) within the time I was requesting a leave she got worst so I went to be by her side w/out permission I left on Friday and returned that following Tuesday I was gone 4 days, I went to Captain’s Mass and was busted in rank and awarded 15 days restriction and 15 days of extra duty and half months pay x2.  The Captain said he understood but I broke a rule I told him I’m sorry sir but my mother is my best friend since then my first class and I didn’t get along I got bad evals that were not deserved.  Everything I did she wood try to send me back to Captain Mass I fought for over a year asked to go to a different ship because I would be kicked out it I stayed working for her.  In that time I’ve been to about 3 DRB’s and 1 XOI that was dropped a few more month went by and I still requested another ship I was told I was needed onboard USS ROOSEVELT (DDG-80) now my child is 15 months olds.  I’m raising him buying him everything, when I was off work he was my little shadow one day I helped my fiancé sister move a couch in her house and my wallet fell out my pocket and fiancés sister picked it up and saw the picture of myself and T__ (my son) and she stared crying I was confused I didn’t know what was going on I asked her is she’s ok she said you still do not know, do you? I said know what she said T___ is not your kid and his real father is coming to see him.  I was irate, I started to cry and I called my mom and she helped me through it kind of.  I started drinking heavily and I did no t show up for work, I didn’t care any more.  I came in the navy for everyone else and not myself, I didn’t care.  Now when its too late I do care.  I was part of something and I miss it.  All my obstacles are behind me.  I told my dying mother I made the worst mistake of my life, when she died a big part of me died as well I starting using drugs.  I put myself through rehab and I don’t want to be labled a drug addict or a delinquent.  I am not a bad person, I’m a guy who had back luck.  I am respectfully requesting another chance to make a career out of the navy its all I want or think about.  My old C.O, X.O, and several chiefs all said they would give me recommendations to come back in.  Thank you for your time. 

Documentation

In addition to the service record, NO DISCHARGE PACKAGE AVAILABLE, the following additional documentation, submitted by the Applicant, was considered:

None

PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

	Inactive: USNR (DEP)	991124 - 991129	COG
	Active:   USN			None

Period of Service Under Review:

Date of Enlistment:  991130		Date of Discharge:  020621

Length of Service (years, months, days):

	Active:    02  06  22
	Inactive:  None

Age at Entry:  20			Years Contracted:  4 

Education Level:  09			AFQT:  32

Highest Rate:  FN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  2.50 (2)	Behavior:  2.00 (2)		OTA:  2.75

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM

Days of Unauthorized Absence:  3

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority:  NAVMILPERSMAN, Article 1910-146, formerly 3630620.

Chronological Listing of Significant Service Events:

000627:	Retention Warning:  Advised of deficiency (CO’s NJP of 000627 for VUCMJ, Article 86, Unauthorized absence for a period of 2 hours and 10 minutes), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

020301:	NJP for violation of UCMJ, Article 86: On or about 0700, 020131, UA from USS ROOSEVELT (DDG-80), Mayport, FL until apprehended on or about 1522, 020203 (3days), violation of UCMJ, Article 112a: Did wrongfully use THC (marijuana), to wit: Navy Drug Laboratory Message, DTG 081626Z FEB 02.
Award:  Forfeiture of $692.00 pay per month for 2 months, restriction to limits of USS ROOSEVELT (DDG-80) for 45 days, extra duty for 45 days, reduction to E-2.  No indication of appeal in the record.

020621:	Applicant discharged Under Other Than Honorable Conditions by reason of Misconduct due to Drug Abuse per MILPERSMAN 1910-146 [Extracted for DD Form 214].

NO DISCHARGE PACKAGE AVAILABLE.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20010621 under other than honorable conditions for misconduct due to drug abuse (A).  After a thorough review of the available records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (B and C).  The presumption of  regularity of   governmental affairs was applied by the Board in this case in the absence of a complete discharge package (D).

Issue 1:  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.  The Board found no indication in the record that the Applicant was inequitably or improperly treated during his separation processing.  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 denied.

The Applicant contends his disciplinary problems were the result of stress caused by family situations.  The NDRB recognizes that serving in the U.S. Navy is challenging.  Our country is fortunate to have men and women willing to ensure the hardships and sacrifices required in order to serve their country.  It must be noted that most members of the Navy serve honorably and therefore earn their honorable discharges.  In fairness to those members of the Navy, commanders and separation authorities are tasked to ensure that undeserving Sailors receive no higher characterization than is due.  The NDRB found that the Applicant's service was equitably characterized.  Relief denied.

Concerning a change in reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reentry into the naval service or any other of the Armed Forces.  The NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy or Marine Corps.  Reenlistment policy of the naval service is promulgated by the Commander, Navy Recruiting Command, 5722 Integrity Drive, Bldg 784, Millington, TN 38054.  Neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to reenlistment.  A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter.  

The Applicant remains eligible for a personal appearance hearing, provided an 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 other evidence related to his discharge at that time.  Representation at a personal appearance hearing is recommended but not required.

Pertinent Regulation/Law (at time of discharge)

A.  The Naval Military Personnel Manual, (NAVPERS 15560C), Change 33, effective 16 Jul 2001 until 21 Aug 2002, Article 1910-146 (formerly 3630620), Separation by Reason of Misconduct - Drug Abuse.

B.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

C.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

D.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.  

PART IV - INFORMATION FOR THE APPLICANT

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 Directive 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Directive.  You should read Enclosure (5) of the Directive 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 Directive 1332.28 and other Decisional Documents by going online at "afls14.jag.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 records by writing to:

		Naval Council of Personnel Boards
		Attn:  Naval Discharge Review Board
		720 Kennon Street SE Rm 309
		Washington Navy Yard DC  20374-5023