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Docket No. ND99-00314

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

 ex-FR, USN
Docket No. ND99-00314

Applicant’s Request

The application for discharge review, received 981230, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to reentry to a 3 or below.  The applicant requested a documentary record discharge review.  The applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000110.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service.  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 3630620.

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PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  I am requesting that my under other than honorable conditions be upgraded to honorable.  I would like to re-enter into the United States Army to defend my country and support my family.

2.  I am requesting a change in my re-entry code be changed from a 4 to something below such as 3, 2 or 1, so I can re-enter into the United States Army.

Documentation

In addition to the service record, the following additional documentation, submitted by the applicant, was considered:

Copy of DD Form 214

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	960531 - 960612	COG

Period of Service Under Review:

Date of Enlistment:  960613		Date of Discharge:  961202

Length of Service (years, months, days):

	Active:    00  05  20
	Inactive:  None

Age at Entry:  20			Years Contracted:  4

Education Level:  10 GED		AFQT:  50

Highest Rate:  FR

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMA		Behavior:  NMA		OTA:  NMA

Military Decorations:  None

Unit/Campaign/Service Awards:  None 

Days of Unauthorized Absence:  None

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority:  NAVMILPERSMAN, Article 3630620.

Chronological Listing of Significant Service Events:

960912:	Drug and Alcohol Abuse Report:  Marijuana abuse, self-referral/disclosure, 960912, abuse denied, ashore off duty.  Mental health recommended separate not via VA hospital.  Clinical psychologist found applicant dependent and recommended separate not via VA hospital.  Commanding officer recommended separate not via VA hospital.  Comments:  20 yr old male with 00 yrs 03 mo's active service.  Screened by DAPA on 12Sept96.  Disclosed cannabis use.  Screened by clinical psychologist on 13Sept96.  Cannabis/alcohol dependent.  Consider for adsep as entry level sep IAW 5350.4B.

961007:	Applicant offered in-patient Level III treatment due to drug and or alcohol dependency.  Applicant declined Level III treatment.

961007:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by your voluntary self-referral to your departmental Drug and Alcohol Program Advisor of 23 September 1996, defective enlistment and induction due to fraudulent entry into the naval service and defective enlistment and induction due to erroneous enlistment as evidenced by your Chronological Record of Medical Care.

961007:	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

961015:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use), defective enlistment and induction due to fraudulent entry and defective enlistment and induction due to erroneous enlistment into the naval service.

961025:	Commander, Naval Training Center, Great Lakes, IL directed the applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 961202 under other than honorable conditions for misconduct due to drug abuse (use) (A).  The Board presumed regularity in the conduct of governmental affairs (B).  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).

The applicant introduced no decisional issues for consideration by the Board.  The applicant’s desire to join the United States Army to defend his country and support his family is not sufficient reason to change the characterization of his prior discharge which resulted from drug abuse and applicant’s refusal to participate in Level III drug abuse rehabilitation.  

The board found the applicant’s discharge to be fair and equitable.  Accordingly, the discharge shall not be changed.

Pertinent Regulation/Law (at time of discharge)

A.  Navy Military Personnel Manual, (NAVPERS 15560C), Change 14, effective 
03 Oct 96 until 11 Dec 97, Article 3630620  SEPARATION OF ENLISTED PERSONNEL 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 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.  

C.  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.

D.  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.

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 obtain a copy of DoD Directive 1332.28 by writing to:

		DA Military Review Boards Agency
		Management Information and Support Directorate
		Armed Forces Reading Room
		Washington, D.C.  20310-1809

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
		Washington Navy Yard
		720 Kennon Street SE Rm 309
		Washington, D.C.  20374-5023

The remaining portion of this document is divided into 4 Parts: Part I - Applicant’s Issues and Documentation, Part II - Summary of Service, Part III – Rationale for Decision and Pertinent Regulation/Law, Part IV - Information for the Applicant.
INDEX:  A6600/A9241/A9217/A9301/A9307/A9439