Search Decisions

Decision Text

NAVY | DRB | 1999_Navy | ND99-00049
Original file (ND99-00049.rtf) Auto-classification: Denied


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

ex-ETSN, USN
Docket No. ND99-00049

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 listed the Disabled American Veterans as his representative 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 was reduced in rank (E-4 to E-3) and eliminated from military service with a other than honorable discharge based on a single incident of marijuana use. I am clearly guilty of this offense, however, I feel that the action taken against me. Was extreme and far to severe. The type of discharge I received does not accurately reflect my superb performance of duty or conduct prior to this isolated incident.

2. The FSM request that an upgrade is warranted as described in 10 USC 874 (b) and in accordance with SECNAVINST 5420.174C enclosure (1) paragraphs 2.24 and 9.3 under the Board's clemency relief on the basis of post service conduct.

3. The FSM contends that an upgrade to full honorable is also warranted, since this was one isolated incident. We ask that the board consider the merits of this issue as defined in SECNAVINST 5420.174C enclosure 8.6 paragraph (3) to grant the FSM favorable relief.

4. We ask the Board to resolve any improprieties or inequities in the character and basis for discharge to reflect a sound equitable decision consistent with the law as described in 10 USC 1553, 32 CFR 724, and SECNAVINST 5420.174C, enclosure (1). We respectfully submit this case to the board for deliberation and disposition.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Enlisted Performance Evaluation Report, 910809 to 930828
Enlisted Performance Evaluation Report, 930301 to 930630
Enlisted Performance Evaluation Report, 930701 to 940630

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     901031 - 910604  COG

 Period of Service Under Review :
Date of Enlistment: 910605               Date of Discharge: 941213

 Length of Service (years, months, days):

         Active: 03 06 09
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 87

 Highest Rate: ET3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.90 (3)             Behavior: 4.00 (3)                OTA: 4.00

 Military Decorations: None
Unit/Campaign/Service Awards: None

 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 3630620.

 Chronological Listing of Significant Service Events :

 901018:  Applicant signed the Navy's drug and alcohol abuse statement of understanding.

940720:  NAVDRUGLAB Norfolk VA reported the applicant urine received 940707 tested positive for THC.

940811   DAAR noted the applicant tested positive for marijuana and was not
dependent, and not eligible for treatment.

 940728:  NJP for violation of UCMJ, Article 112a: Wrongful use of a controlled substance.
          Award: Forfeiture $531 pay per month for 2 months, restriction and extra duty for 45 days, reduction to ETSN. No indication of appeal in the record.
940808:  Drug/ETOH dependency evaluation: Found applicant not dependent.

 940809:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
940811:          Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
941026:  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous 3 to 0 vote, found that the applicant had committed misconduct due to drug abuse, that the misconduct warranted separation, and recommended discharge under other than honorable conditions.

941116:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use). Commanding officer’s comments (verbatim): I concur with the findings and recommendations of the Administrative Board and strongly recommend separating ETSN Tangen from the naval service by reason of misconduct due to drug abuse. I recommend characterizing his discharge as Other than honorable.

941206:  BUPERS 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 941213 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).

In the applicant’s issue, the Board found the action taken in the applicant’s case to be consistent with other cases of drug abuse in the U.S. Navy during that timeframe. Therefore the Board concluded the level and type of discharge was not too severe. The Board did note the applicant’s superb record of performance up to the time of the drug incident. However, it would be inappropriate for the Board to dismiss the incident and upgrade the discharge to Honorable.

The NDRB, under its responsibility to examine the propriety and equity of an applicant's discharge, will upgrade a discharge when warranted. The summary of service in this case clearly documents drug abuse as the reason the applicant was discharged. No other level of discharge is appropriate in this case. Accordingly, the discharge will remain as issued and written.

The applicant must be aware that there is no law or regulation that provides that an unfavorable discharge may be upgraded based solely on the passage of time, or because it was an isolated incident. Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question. 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.

Pertinent Regulation/Law (at time of discharge)

 A . Navy Military Personnel Manual, (NAVPERS 15560C), Change 9/94, effective
22 Jul 94 until 02 Oct 96, 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     

Similar Decisions

  • NAVY | DRB | 1999_Navy | ND99-01215

    Original file (ND99-01215.rtf) Auto-classification: Denied

    After a review of the Former Service Members (FSM) DD Form 293 Application for the Review of Discharge or Dismissal from the Armed Forces of the United States and all of the evidence assembled for review, we find the FSM is seeking to upgrade his discharge to Honorable.The FSM underwent a Special Court-Martial and was found guilty for the use of controlled substances. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found...

  • NAVY | DRB | 1999_Navy | ND99-01027

    Original file (ND99-01027.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of DD Form 214 Copy of Evaluation Report and Counseling Record for 97Mar01 to 97Jun03 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USNR (DEP) 960112 - 960314 ELS USNR (DEP) 960318 - 960319 COG Period of Service Under Review :Date of Enlistment: 960320 Date of Discharge: 980515 Length of...

  • NAVY | DRB | 2004_Navy | ND04-00934

    Original file (ND04-00934.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. Decision A documentary discharge review was conducted in Washington, D.C. on 20041103. 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).Issues 1-3: The Applicant states his discharge was based on one isolated incident in “46 months.” Despite a...

  • NAVY | DRB | 2002_Navy | ND02-00010

    Original file (ND02-00010.rtf) Auto-classification: Denied

    It is therefore our request that the FSM be provided with equitable relief, in consideration of his post service activity. Due to the Navy's zero tolerance for drug abuse, SR (Applicant) processed for separation. Final DAAR this incident.960903: DD Form 214: Applicant discharged under other than honorable conditions by reason of misconduct due to drug abuse (use).

  • NAVY | DRB | 2001_Navy | ND01-00023

    Original file (ND01-00023.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of DD Form 214 Copy of Enlisted Performance Record PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USNR (DEP) 920601 - 921018 COG Period of Service Under Review :Date of Enlistment: 921019 Date of Discharge: 941213 Length of Service (years, months, days):Active: 02 01 25 Inactive: None ...

  • NAVY | DRB | 1999_Navy | ND99-00983

    Original file (ND99-00983.rtf) Auto-classification: Denied

    970717: Medical evaluation for drug abuse found the applicant not to be drug dependent so drug abuse treatment is not indicated. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 970801 under other than honorable conditions for misconduct due to drug abuse (use) (A). 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...

  • NAVY | DRB | 2001_Navy | ND01-00528

    Original file (ND01-00528.rtf) Auto-classification: Denied

    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 representative submitted the following as issue 1: (Equity Issue) His single violation of the UCMJ notwithstanding, this former member opines that his overall service record is sufficient to warrant discharge under honorable conditions. Relief denied.The applicant’s representative submitted the...

  • NAVY | DRB | 2004_Navy | ND04-00007

    Original file (ND04-00007.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. As the representative, we ask that consideration be given to equitable relief, as this is a matter that involves a determination whether a discharge should be changed under the equity standards, to include any issue upon which the applicant submits to the Board’s discretionary authority, under SECNAVIST 5420.174C. Navy Military Personnel Manual, (NAVPERS 15560C), effective 15...

  • NAVY | DRB | 2001_Navy | ND01-00518

    Original file (ND01-00518.rtf) Auto-classification: Denied

    ND01-00518 Applicant’s Request The application for discharge review, received 010316, requested that the characterization of service on the discharge be changed to general/under honorable conditions. (Equity Issue) His single violation of the UCMJ notwithstanding, this former member opines that his overall service record is sufficient to warrant release under honorable conditions.2. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case,...

  • NAVY | DRB | 2004_Navy | ND04-00070

    Original file (ND04-00070.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. I’m willing to do whatever to get this discharge change to honorable, and hopefully get my career back! ________________________________________________________________________ In accordance with 32 C.F.R., section 724.166, and SECNAVINST 5420.174C, enclosure (1), paragraph 1.16, The American Legion submits to the Naval Discharge Review Board (NDRB or Board) the above issue and...