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NAVY | DRB | 1999_Navy | ND99-00048
Original file (ND99-00048.rtf) Auto-classification: Denied


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

ex-CTISR, USN
Docket No. ND99-00048

Applicant’s Request
The application for discharge review, received 981006, 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 on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 990920. 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 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. I feel like my discharge needs to be changed so my career goals have a chance. During my 1yr and 7 months in the navy my grades and volunteer services reflect upon the facts that I have the capability and ambition to exceed in life. I am not denying the fact that I made a grave mistake by using marijuana, but I don’t feel it should ruin my life career opportunities. While in the Navy nor any other time in my life have I had any problems with the law, or been in any trouble. I have no criminal record. I hope to be able to attend college, use my Hebrew I learned, and minor in Hebrew, major in business and pursue a career in international trade.

 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: None
         Inactive: USNR (DEP)     951016 - 960505  COG

 Period of Service Under Review :
Date of Enlistment: 960506               Date of Discharge: 971210

 Length of Service (years, months, days):

         Active: 01 07 05
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

Education Level: 12                        AFQT: 58

 Highest Rate: CTISN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NOB                           Behavior: 2.00 (2)                OTA: 2.00

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: 1

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630620.

 Chronological Listing of Significant Service Events :


971003:  NJP for violation of UCMJ, Article 86: UA from 0600, 97Sep22 - 0640, 970923 (1 day).
         Award: Forfeiture of $70 pay per month for 1 month, restriction and extra duty for 14 days, reduction to CTSA. Reduction suspended for 6 months. No indication of appeal in the record.

971008:  NAVDRUGLAB reported applicant’s urine sample received 970930 tested positive for marijuana.

971016:  Reduction in rank to CTISA suspended at CO’s NJP of 971003 vacated due to continued misconduct
971017:  NJP for violation of UCMJ, Article 112a: Wrongful use of a controlled substance – marijuana.
Award: Restriction and extra duty for 14 days, reduction to CTISR1. No indication of appeal in the record.
971017:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by all punishment under the UCMJ in current enlistment.
971020:          Applicant advised of her rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
971027:  Officer-in-Charge, Naval Technical Training Center recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use). Comments: Seaman Recruit (applicant) reported to this command 5 August 1997. Seaman Recruit (applicant) appeared before me at mast for misconduct due to drug abuse. She was diagnosed as not dependent on drugs. She has no potential for further naval service. Therefore, I recommend that Seaman Recruit (applicant) be separated from the naval service with an Other Than Honorable discharge.

971118:  Chief of Naval Air Training 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 971210 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 Board found no inequity or impropriety in applicant’s discharge. T here is no law or regulation that provides that an unfavorable discharge may be upgraded based solely on the passage of time or a desire to enhance post service career goals. Normally, to permit relief, an error or injustice must have been found existed during the period of enlistment in question. The summary of service in this case clearly documents drug abuse as the reason the applicant was discharged. Under these circumstances it would be inappropriate for the Board to upgrade the discharge to Honorable. Accordingly, the discharge remains as issued and written.



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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