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NAVY | DRB | 1999_Navy | ND99-00076
Original file (ND99-00076.rtf) Auto-classification: Denied


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

ex-MSSR, USN
Docket No. ND99-00076

Applicant’s Request
The application for discharge review, received 981016, 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 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: UNDER HONORABLE CONDITIONS (GENERAL)/Misconduct – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.

The NDRB did note an administrative error on the original DD Form 214: Block 24 should read: “UNDER HONORABLE CONDITIONS (GENERAL)” vice “GENERAL” and Block 26 should read “HKK” vice “GKK”. The original DD Form 214 should be corrected or reissued as appropriate.






PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. My discharge was told to be general under honorable conditions. Was given a general discharge instead. Would like the board to review and change to honorable.

2. Would also like the board to review the RE-4 status they gave me. I don’t think that was fair. Given that it was my first offense, and was found not guilty. Would like it to be taken of record and put into active service or able to be called upon if my country need’s me.


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

Letter from Member of Congress to applicant’s parents dated November 9, 1989

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     880120 - 880314  COG

 Period of Service Under Review :
Date of Enlistment: 880315               Date of Discharge: 891219

 Length of Service (years, months, days):

         Active: 01 07 05
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

 Education Level: 12                        AFQT: 43

 Highest Rate: MSSA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NOB                  Behavior: 3.60 (1)                OTA: 3.60

 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 HONORABLE CONDITIONS (GENERAL)/Misconduct – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.

 Chronological Listing of Significant Service Events :

880613:  Applicant briefed on Navy's policy on drug and alcohol abuse.

890519:  NAVDRUGLAB reported the applicant's urine tested positive for cocaine.
890531:  NAVDRUGLAB retested the applicant’s urine sample. The retest tested positive for cocaine.
890602:  NJP for violation of UCMJ, Article 112a: Wrongful use of a controlled substance (cocaine).
 Award: Forfeiture of $349.00 pay per month for 2 months, restriction for 60 days, reduction to MSSR. Appealed on 890616. Appeal denied on 890628.

890609:  Drug and Alcohol Abuse Report: Cocaine abuse, abuse denied, random urinalysis, 5May89. Commanding officer recommended discharge not via VA hospital.
890711:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by Commanding Officer’s Non-judicial Punishment of 2 June 1989 for violation of the Uniform Code of Military Justice Article 112a (the illegal or wrongful use or possession of controlled substance [i.e. cocaine]).
890802:          Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
891106:  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had committed misconduct due to drug abuse, that the misconduct warranted separation, and recommended discharge under honorable conditions (general).

891128:  Commanding officer recommended discharge under honorable conditions (general) by reason of misconduct due to drug abuse (use). Commanding officer’s comments (verbatim): MSSR (applicant), USN, has no potential for further naval Service. This is a naval service member who not only has been found guilty at Captain’s mast of violating Article 112a, Uniform Code of Military Justice (Wrongful use of Cocaine), but also has been disqualified from submarine duty as administrative result of said cocaine use. Additionally, MSSR (applicant) blames persons other than himself for his wrongful cocaine use. For these reasons and the fact that this service member has become an administrative burden to this command, I strongly recommend MSSR (applicant) be separated from the naval Service with a General Discharge.

891212:  CNMPC directed the applicant's discharge under honorable conditions (general) by reason of misconduct due to drug abuse (use).
PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 891219 with a GENERAL discharge because of 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 administrative errors on applicant’s DD Form 214 and recommended the characterization be changed to read UNDER HONORABLE CONDITIONS (GENERAL) which is appropriate in this case. Although the applicant requested the discharge be upgraded to honorable, the Board found it inappropriate to do so given the fact the applicant was found guilty at Captain’s Mast on 2 Jun 89 for using cocaine.

Applicant also requested review of his RE-4 status. The Board has no authority to change reenlistment codes or make recommendations to permit reentry into the Naval Service or any other of the Armed Forces. Re-enlistment policy of the Naval Service is promulgated by the Commander, Naval Personnel Command (NPC-3282), 5720 Integrity Drive, Millington, TN 38055-0000. Changes in RE status codes can be addressed by petitioning the Board of Correction of Naval Records, 2 Navy Annex, Washington, D.C. 20370-5100.

Pertinent Regulation/Law (at time of discharge)

 A. Navy Military Personnel Manual, (NAVPERS 15560A), Change 6, effective 11 Jan 89 until 13 Jun 90, 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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