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Docket No. ND00-00710

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

ex-GMG3, USN
Docket No. ND00-00710

Applicant’s Request

The application for discharge review, received 000515, requested that the characterization of service on the discharge be changed to honorable.  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 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, authority: NAVMILPERSMAN, Article 1910-146, formerly Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank. 

Documentation

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

Statement from applicant
Copy of memorandum dated April 13, 1999
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

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

	Active:   USN			880222 - 910221	HON
		   USN			910222 - 970130	HON
	Inactive: USNR (DEP)	880205 - 880221	COG

Period of Service Under Review:

Date of Enlistment:  970131		Date of Discharge:  990430

Length of Service (years, months, days):

	Active:    02  03  00
	Inactive:  None

Age at Entry:  29			Years Contracted:  3

Education Level:  12			AFQT:  55

Highest Rate:  GMG1

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.25 (4)	Behavior:  3.25 (4)		OTA:  3.32	5.0 evals

Military Decorations:  None

Unit/Campaign/Service Awards:  HSM, NER (2), GCM (2), NATO, Letter of Commendation (4), SASM, SSDR (2), CGUC with "O", AFEM, MUC (2), NAM, NDSM, AFSM

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 1910-146, formerly 3630620.

Chronological Listing of Significant Service Events:

980918:	NJP for violation of UCMJ, Article 86: Unauthorized absence from 0630-1922, 17Sep98, violation of UCMJ Article 92: Failure to obey a lawful order, to wit: failing to enroll in a financial responsibility class.
	Award: Restriction and extra duty for 14 days, reduction to GM2.  No indication of appeal in the record.

980918:	Retention Warning: No further information found in service record.  [Extracted from CO's letter dated 990414.] 

990211:	NAVDRUGLAB, Great Lakes, IL reports urine sample received 990208 tested positive for cocaine.

990325:	NJP for violation of UCMJ, Article 86: Unauthorized absence from 0730, 16Mar99 to 1410, 19Mar99 (3 days), violation of UCMJ, Article 112A: Wrongfully use cocaine on 5Feb99.
	Award:  Forfeiture of $743 per month for 2 months, restriction and extra duty for 45 days, reduction to GM3.  No indication of appeal in the record.

990408:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to pattern of misconduct, commission of a serious offense and drug abuse.

990408:	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

990413:	Medical evaluation for drug abuse found the applicant to be a drug abuser, not drug dependent.  

990414:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use). 

990421:	Commander, Navy Region, Southwest 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 990430 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 is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge.  Representation at personal appearance hearing is highly recommended.

Pertinent Regulation/Law (at time of discharge)

A.  The Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective 12 Dec 97 to 19 May 99, 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 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/A0100/A9500/A0145