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NAVY | DRB | 1999_Navy | ND99-00113
Original file (ND99-00113.rtf) Auto-classification: Denied


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

ex-OSSA, USN
Docket No. ND99-00113

Applicant’s Request
The application for discharge review, received 981027, requested that the characterization of service on the discharge be changed to honorable or general/under honorable conditions. 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 991004. After a thorough review of the records, 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 (verbatim)

 1. I, (applicant), respectfully request any upgrade to my discharge possible. I thank you for your time and consideration.


 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)     840223 - 840923  COG

 Period of Service Under Review :
Date of Enlistment: 840924               Date of Discharge: 870807

 Length of Service (years, months, days):

         Active: 02 10 14
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 66

 Highest Rate: OS3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.60 (1)    Behavior: 3.00 (1)                OTA: 3.40

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR

Days of Unauthorized Absence: 19

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 :

840217:  Waiver granted for use of cocaine in last year.

840924:  Applicant signed USN Alcohol and drug abuse screening certificate.

840927:  Applicant briefed on Navy policy on drug and alcohol abuse.

 850619:  NJP for violation of UCMJ, Article 86: Unauthorized absence, violation of UCMJ Article 87: Missing ship's movement.
         Award: Oral admonition, restriction and extra duty for 20 days, reduction to E-1. Reduction suspended for 6 months. No indication of appeal in the record.
850906:  Retention Warning: Advised of deficiency (You have failed to get to work on time, resulting in you being UA from this command and missing ship's movement, on or about 12-13Jun85.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

870619:  NJP for violation of UCMJ, Article 86: Unauthorized absence 0730-1110, 13Jun87 (3 hours and 40 minutes/surrendered), violation of UCMJ Article 112: Wrongful use of a controlled substance.
         Award: Forfeiture of $400 per month for 2 months, reduction to E-3, confinement on bread and water for 3 days. No indication of appeal in the record.

870619:  Medical evaluation for drug abuse found the applicant to be a drug abuser, not drug dependent.

870619:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse and misconduct due to commission of a serious offense.
870619:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

870621:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use) and commission of a serious offense. Commanding officers comments (verbatim): SNM demonstrates substandard attitude towards the Navy view on drugs. SNM has indicated to his chain of command that he wishes to be separated from the Navy as soon as possible, and if retained, would not stop using drugs. Counseling requirements per MILPERSMAN 3630600 have been met. SNM signed page 13 entry dated 85SEP06. SNM should be separated from the naval service with an other than honorable discharge.

870630:  CNMPC directed the applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).
870722:  Drug and Alcohol Abuse Report: Marijuana abuse, June 1987, less than monthly, ashore off duty, urinalysis. Medical officer found applicant not dependent and recommended separate not via VA hospital. Commanding officer recommended separation. Comments: OSSN (applicant) was positive for THC on a random sample urinalysis. He was evaluated by the squadron medical officer as not drug dependent. He is being processed for administrative separation.

870731:  NJP for violation of UCMJ, Article 86: Absent from his unit 0730, 1Jul87 until 1054, 21Jul87 (19 days/surrendered).
         Award: Restriction and extra duty for 10 days, reduction to E-2. Restriction and extra duty suspended for 1 month. No indication of appeal in the record.

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 870807 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,facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).
In response to applicant’s issue 1, the Board found nothing in the records, nor did the applicant provide anything to indicate or to show that there exists an error of fact, law, procedure, or discretion associated with his discharge at the time of its issuance, and that his rights were prejudiced thereby. Furthermore, there has been no change in policy by the Navy, or higher authority, made expressly retroactive to the type of discharge received by the applicant. Relief not granted.

Pertinent Regulation/Law (at time of discharge)

A. Navy Military Personnel Manual, (NAVPERS 15560A), effective 15 Jun 87 until
10 Jan 89, 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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