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Docket No. ND99-00542

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

 ex-ADAA, USN
Docket No. ND99-00542

Applicant’s Request

The application for discharge review, received 990308, requested that the characterization of service on the discharge be changed to General/under Honorable conditions.  The applicant requested a personal appearance hearing before a Traveling Panel closest to Chicago, IL.  The applicant did not designate a representative on the DD Form 293.  In the acknowledgement letter to the applicant, he was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 991221.  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 – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1.  I am so very sorry, that I punished myself by not leaving the Navy with the highest Honors.  Today, I am a 28 year old man and my biggest mistakes ever was not to refrain myself from destroying my reputation with the Armed Forces and the country of the United States of America which I take pride in.

2.  I am at your Mercy and with all due respect will submit myself to whatever requirements are needed to upgrade my discharge.

Documentation

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

Copy of DD Form 214 (Copy 1)
Applicant's TEMADD Travel Orders of 12 Jul 91
Applicant's HELMINERON 15 Squadron Check-In/Check-Out Sheet
Letter of Reference from St. Edward Catholic Community dated Mar 17, 1999
Letter of Reference from St Cornelius Rectory dated Mar 16, 1999
Letter of Graduation from Coyne American Institute dated Mar 16, 1999
Letter of Employment from Empire Cooler Service dated Mar 29, 1999
Letter of Previous Employment from Kiser Heating and Air Conditioning Co. dated Jul 29, 1998

PART II - SUMMARY OF SERVICE

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

	Active:    None
	Inactive:  USNR (DEP)	890620 - 900618	COG

Period of Service Under Review:

Date of Enlistment:  900619		Date of Discharge:  911011

Length of Service (years, months, days):

	Active:    01  03  23
	Inactive:  None

Age at Entry:  20			Years Contracted:  4 

Education Level:  12			AFQT:  31

Highest Rate:  ADAA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.33 (3)	Behavior:  3.0 (4)		OTA:  3.23

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM 

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), authority:  NAVMILPERSMAN, Article 3630620.

Chronological Listing of Significant Service Events:

890620:	Applicant acknowledged his understanding of the Navy's Drug & Alcohol Policy.

900622:	Retention Warning:  Advised of deficiency (fraudulent entry - failure to disclose pre-service drug use - marijuana, 1 time in 6/86), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

910725:	NAVDRUGLAB Oakland, CA:  Urinalysis screening, positive for marijuana. 

910731:	NJP for violation of UCMJ, Article 112a:  wrongful use, possession of controlled substances.
Award:  Forfeiture of $376.95 per month for 2 months, restriction and extra duties for 45 days, reduction to E-1.  No indication of appeal in the record.  [EXTRACTED from CO, HELMINERON 15 letter of 11 Sep 91.]

910825:	DAAR:  Positive for marijuana use, consensual urinalysis, not dependent, evaluated by CAAC.

910828:	Naval Branch Medical, NAS Alameda, CA:  Used 1 - 3 times monthly,  drug abuse confirmed, pt appears amenable to administrative separation.

910904:	Applicant notified of intended recommendation for discharge under Other Than Honorable conditions by reason of Misconduct due to Drug abuse. 

910905:	NJP for violation of UCMJ, Article 86:  unauthorized absence.
Award:  Forfeiture of $382per month for 2 months, restriction and extra duty for 60 days.  No indication of appeal in the record. [EXTRACTED from CO, HELMINERON 15 letter of 11 Sep 91.]

910910:	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.

910911:	Commanding officer recommended discharge under Other Than Honorable conditions by reason of Misconduct due to Drug abuse (Use).  Commanding officer’s comments (verbatim):  Airman Recruit Machinist's Mate W_ C. P_ was identified as a drug abuser on 25 Jul  1991.  It is most strongly recommended that ADAR (Applicant) be administratively discharged by reason of misconduct due to drug abuse.  It is further recommended that his discharge be under Other Than Honorable conditions.

911008:	BUPERS 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 911011 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).

In the applicant’s issues 1 and 2, the Board determined these are non-decisional issues, requiring no comment.  Relief denied. 

Pertinent Regulation/Law (at time of discharge)

A.  Navy Military Personnel Manual, (NAVPERS 15560C), effective 15 Aug 91 until 04 Mar 93, Article 3630620, SEPARATION OF ENLISTED MEMBERS BY REASON OF MISCONDUCT DUE TO 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/A9453/A9217