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NAVY | DRB | 1999_Navy | ND99-00026
Original file (ND99-00026.rtf) Auto-classification: Denied


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

ex-FR, USN
Docket No. ND99-00026

Applicant’s Request
The application for discharge review, received 980929, requested that the characterization of service on the discharge be changed to honorable conditions. The applicant requested a documentary record discharge review. The applicant did not list any on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 990927. 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: GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT – Drug abuse (use), authority: NAVMILPERSMAN, 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:
Copy of DD Form 214
U. S. Navy Evaluation Report & Counseling Record from 960822 to 970115
U. S. Navy Evaluation Report & Counseling Record from 970115 to 971114
Two letters of appeal from the applicant dated 980921
Two pieces of Congressional correspondence dated 971204 and 971223

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     960418 - 960514  COG

 Period of Service Under Review :
Date of Enlistment: 960515               Date of Discharge: 971114

 Length of Service (years, months, days):

         Active: 01 06 00
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 47

 Highest Rate: FN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NFIR        Behavior: NFIR            OTA: NFIR

 Military Decorations: None

 Unit/Campaign/Service Awards: Navy “E” Ribbon, AFEM, SSDR

 Days of Unauthorized Absence: None

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

GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT – Drug abuse (use), authority: NAVMILPERSMAN, Article 3630620.

 Chronological Listing of Significant Service Events :

 970904:  NAVDRUGLAB, San Diego, CA reported applicant's urine received on 25 August 1997 tested positive for lysergic diethylamide.

 971029:  NJP for violation of UCMJ, Article 86: UA from place of duty, aft machinery room, onboard USS ESSEX from 2345, 05 Oct 97 to 0645, 06 Oct 97; violation of UCMJ Article 134 (2 specs): (1) on 05 Oct 97 by drinking alcohol in San Diego, CA, while under age 21, (2) on 06 Oct 97 by beign incapacitated for the proper performance of duty, due to overindulgence in alcohol.
         Award: Forfeiture of $450 pay per month for 2 months, restriction and extra duty for 45 days, reduction to E-1. No indication of appeal in the record.
971107:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by applicant’s positive urinalysis for use of lysergic acid diethylamide on or about 21 August 1997.
971107:          Applicant advised of his rights and having elected not to with counsel certified under UCMJ Article 27B, elected to waive all rights.

971114:  Commanding officer directed discharge general (under 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 971114 general (under 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.

 Pertinent Regulation/Law (at time of discharge)

 A . Navy Military Personnel Manual, (NAVPERS 15560C, Change 16, effective 01 Jul 97 until [current]), 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     

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