Author: CAP
Last saved by: Department of the Navy
Company: NCPB

Docket No. ND00-00171

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

 ex-AZAA, USN
Docket No. ND00-00171

Applicant’s Request

The application for discharge review, received 991115, requested that the characterization of service on the discharge be changed to honorable.  The applicant requested a documentary record discharge review.  The applicant listed AMERICAN LEGION as his representative on the DD Form 293.  The NDRB requested more post service information from the applicant on 31 July, 2000, and the applicant did not respond.

Decision

A documentary discharge review was conducted in Washington, D.C. on 001121.  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

1.  (Equity Issue) His violation of the UCMJ notwithstanding, this former member opines that his otherwise creditable service period is sufficient to warrant an honorable separation.

2.  (Equity Issue) As the documentary evidence of record supports, this former member opines that his post-service conduct has been sufficiently creditable to warrant the Board's clemency relief as authorized under provision of SECNAVINST 5420.174C, enclosure (1), paragraph 9.3.

Documentation

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

Copies of DD Form 214 (2)
Thank You Letter from Director, of Limited Distribution Services
Employment Reference Letters (2)
Letter of Recommendation
Copies of Certificates of Attendance (3)
Copies of Certificates of Participation (2)
Copies of Certificates of Appreciation (29) 

PART II - SUMMARY OF SERVICE

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

	Active:   USN			750616 - 790610	HON
	Inactive: USNR (DEP)	None

Period of Service Under Review:

Date of Enlistment:  790611		Date of Discharge:  850517

Length of Service (years, months, days):

	Active:    05  10  22
	Inactive:  None

Age at Entry:  18			Years Contracted:  6 

Education Level:  11			AFQT:  36

Highest Rate:  AZ2

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.46 (3)	Behavior:  3.20 (3)		OTA:  3.66

Military Decorations:  None

Unit/Campaign/Service Awards:  NAVY"E"RIBBON, NEM, SSR(w2*), GCA 

Days of Unauthorized Absence:  15 

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:

790611:	Reenlisted at HELANTISUBRON SEVEN for 6 years.

830223:	NJP for violation of UCMJ, Article 86: (2 Specs), Spec 1: UA from 0700, 830111 to 0915, 830111, Spec 2: UA from 0700, 830203 to 1800, 830213[10days/S], violation of UCMJ Article 134: Wrongful use of marijuana on or about 830118.
	Award:  Forfeiture of $440.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-3.  No indication of appeal in the record.

830506:	NJP for violation of UCMJ, Article 86: UA from 0650, 830408 to 2000, 830410.
	Award:  Forfeiture of $200.00 per month for 2 months, restriction and extra duty for 25 days.  No indication of appeal in the record.

8501xx:	Retention Warning:  Advised of deficiency (Conform behavior to navy policy concerning to personnel hygiene), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

850207:	NJP for violation of UCMJ, Article 112a: Wrongfully use some amount of marijuana, a schedule controlled substance.
	Award:  Forfeiture of $100.00 per month for 2 months, restriction and extra duty for 20 days, reduction to E-3.  No indication of appeal in the record.

850223:	Retention Warning:  Advised of deficiency (Use of a schedule I controlled substance as identified by NRMC Portsmouth VA MSG 312051Z Jan 83 which reported positive THC urinalysis containing THC (marijuana), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

850405:	Substance Abuse Report indicate applicant was found dependent by medical officer, not amenable, recommended separation via VA Hospital.

850405:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and misconduct due to drug abuse as evidenced by two positive random urinalysis testing for THC.

850408:  	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

850408:	NJP for violation of UCMJ, Article 86: UA from on or about 1630, 850401 to on or about 0800, 850403, violation of UCMJ Article 92: Dereliction of duty on or about 850401 by failing to provide an escort for a restricted member, violation of UCMJ Article 86: UA from on or about 2100, 850403 to on or about 2230, 850403, violation of UCMJ, Article 134: Break restrictions.
	Award:  Restriction and extra duty for 45 days, reduction in rate to next inferior pay grade (suspended for 6 months).  No indication of appeal in the record.

850416:	Medical evaluation for drug abuse found the applicant to be not physically or psychologically drug dependent, but is psychologically dependent on alcohol, recommended in house ARC Treatment.

850502:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and misconduct due to drug abuse as evidenced by two positive random urinalysis testing for THC.

850509:	Suspended reduction in rate awarded at NJP on 850404 vacated due to continued misconduct.

850509:	NJP for violation of UCMJ, Article 86: On or about 0905, 850425 absent himself from his unit, to wit: Restricted barracks building 17 at NAS Kingsville TX until on or about 1630, 850501 [5days/A].
	Award:  Forfeiture of $200.00 per month for 1 month, reduction to E-2.  No indication of appeal in the record.

850512:	CNMPC 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 850517 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’s first issue states:  “(Equity Issue) His violation of the UCMJ notwithstanding, this former member opines that his otherwise creditable service period is sufficient to warrant an honorable separation.”  The NDRB found the applicant’s service marred by five NJP’s in his enlistment.  An Other Than Honorable discharge most accurately characterizes the applicant’s service.  Relief is denied.

The applicant’s second issue states:  “(Equity Issue) As the documentary evidence of record supports, this former member opines that his post-service conduct has been sufficiently creditable to warrant the Board's clemency relief as authorized under provision of SECNAVINST 5420.174C, enclosure (1), paragraph 9.3.”  The NDRB found the applicant’s documentation creditable but insufficient in and of itself to grant relief.  Furthermore, the NDRB asked the applicant to provide additional documentation supporting his abstinence from drugs on 000731, and the applicant failed to respond.  Relief is denied.

Pertinent Regulation/Law (at time of discharge)

A.  Navy Military Personnel Manual, (NAVPERS 15560), Change 10/84, effective 
17 Sep 84 until 15 Dec 85, 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 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

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/A9217/A9223/A9221