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NAVY | DRB | 1999_Navy | ND99-00079
Original file (ND99-00079.rtf) Auto-classification: Denied


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

ex-STSSN, USN
Docket No. ND99-00079

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 OTHER THAN 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:

 Letter from applicant dated September 2, 1998.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     820816 - 830117  COG

 Period of Service Under Review :
Date of Enlistment: 830118               Date of Discharge: 841121

 Length of Service (years, months, days):

         Active: 01 10 04
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 65

 Highest Rate: STS3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.20 (1)             Behavior: 2.30 (4)                OTA: 2.70

 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 – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.

 Chronological Listing of Significant Service Events :

840227:  NJP for violation of UCMJ, Article 111: Operating a motor vehicle in a reckless manner (excess of 30 MPH in a 20 MPH zone) and while drunk onboard naval Amphibious Base, Coronado on or about 4 Feb 84. Award: Forfeiture of $100.00 pay per month for 1 month. No indication of appeal in the record.

840227:  Retention Warning: Advised of deficiency (Failure to comply with the Uniform Code of Military Justice. Failure to comply with Naval Amphibious Base regulation by driving and operating a motor vehicle in a reckless manner at a speed in excess of 10 miles an hour over a posted 20 miles an hour limit). Notified of corrective actions and assistance available, advised of consequences of further deficiencies and issued a discharge warning.

840926:  NJP for violation of UCMJ, Article 86: Unauthorized Absence; violation of UCMJ, Article 112a: Use of a controlled substance (marijuana).
Award: Forfeiture of $340.00 pay per month for 2 months, restriction for 60 days, reduction to STSSN. No indication of appeal in the record.
841001:  Applicant notified of intended recommendation for discharge under Other Than Honorable conditions by reason of Misconduct due to Drug abuse as evidenced by a positive THC result on a legally obtained random screening urinalysis sample obtained on 5 September 1984 and that you entered the Naval Service on a waiver for pre-service drug abuse.
841024:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ, Article 27B, elected to waive all rights.
841030:  Commanding officer recommended discharge under Other Than Honorable conditions by reason of Misconduct due to Drug abuse (Use). Commanding officer’s comments (verbatim): It is recommended that STSSN (applicant) be discharged from the naval service. The summary of military offense in paragraph 1d(1) above clearly exhibit an inability to conform to the disciplined environment of the navy and therefore it is felt that STSSN (applicant) has no potential for further naval service and is recommended for an Other than honorable Discharge.

841109:  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 841121 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.

Although not raised as an issue, the following information is provided for the applicant’s edification. In addition to the service record, the NDRB is authorized to consider post-service factors in the recharacterization of a discharge (F, Part IV). While it is true the applicant cannot go back and undo his prior mistakes, he does have the opportunity to contribute in a positive way to society and warrant clemency. Those contributions that would be looked upon favorably include educational pursuits, employment performance record, being a contributing member of society and making a positive impact in the community through volunteer work. The applicant must prove that his post-service conduct has been above reproach and he is making a valid attempt at making amends for the misconduct he committed during the period of service under review.

The 15 year window, during which time applicants may appeal their discharge, was established to allow time for establishing oneself in the community and for making these substantial, documented life style changes and community contributions. The applicant is reminded that he remains eligible for a personal appearance hearing, provided an application is received within 15 years from the date of discharge.

 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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