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NAVY | DRB | 1999_Navy | ND99-00002
Original file (ND99-00002.rtf) Auto-classification: Denied


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

ex-AME3, USN
Docket No. ND99-00002

Applicant’s Request
The application for discharge review, received 981001, requested that the characterization of service on the discharge be changed to general/under honorable conditions. 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 990913. 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. The discharge is improper because of my military Evals over my 8 year carrier and the fact that I can not get a copy of my service records or Eval documents (Dec 1976-Feb 1985)

Documentation
In addition to the service record, 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):
         Active: USN                        761227 - 820330  HON
         Inactive: USNR (DEP)     761014 - 761226  COG

 Period of Service Under Review :
Date of Enlistment: 820331               Date of Discharge: 850118

 Length of Service (years, months, days):

         Active: 02 09 18
         Inactive: 00 00 00

 Age at Entry: 25                          Years Contracted: 6

Education Level: 12 GED           AFQT: 48

 Highest Rate: AME1

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.80 (2)             Behavior: 3.70 (2)                OTA: 3.70

 Military Decorations: None

 Unit/Campaign/Service Awards: Battle “E”(2), MUC, NMCEM, SSDR(1), GCM, NJC Granada Med ops. Navy “E” Ribbon.

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 :

840710:  NJP for violation of UCMJ, Article 134: Incapacitated for proper performance of his duties through prior use of intoxicating liquors; violation of UCMJ, Article 113: Found sleeping on duty.
         Award: Forfeiture of $522.00 pay per month for 2 months, reduction to AME2. Entire punishment suspended for 6 months. No indication of appeal in the record.

841201:  Vacated suspended reduction in rate and half months pay for two months awarded at NJP 840710 this date due to member’s continued misconduct.

841201:  NJP for violation of UCMJ, Article 112a: Wrongfully use marijuana, a controlled substance.
Award: Reduction in rate to AME3. No indication of appeal in the record.
841203:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by misconduct due to drug abuse.

841203:         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.

841211:  Medical evaluation for drug abuse found the applicant to be a drug abuser, not drug dependent.
841215:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use). Commanding officer’s comments (verbatim): A First Class Petty Officer with two substance abuse incidents in a three month period is counterproductive to squadron goals and a negative influence on those he is supervising. In keeping with Navy and squadron policies of zero tolerance for drug abuse SNM is recommended for discharge as warranted by service record.

841222:  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 850118 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. He cited impropriety in his discharge as he served over 8 years and could not get a copy of his service records or evaluations. The Board found applicant had received an Honorable Discharge for service during his first enlistment. The Board considers the latest discharge to be equitable and proper. It characterizes applicant’s failure to abide by Navy policy with respect to abuse of alcohol and drugs.

The Board, under its responsibility to examine the propriety and equity of an applicant's discharge, will change the reason for discharge if such a change is warranted. The summary of service clearly documents the pattern of misconduct for which the applicant was discharged. No other Narrative Reason for Separation could more clearly describe why the applicant was discharged. To change the Narrative Reason Separation would be inappropriate.


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 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     


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