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NAVY | DRB | 1999_Navy | ND99-00114
Original file (ND99-00114.rtf) Auto-classification: Denied


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

ex-AR, USNR
Docket No. ND99-00114

Applicant’s Request
The application for discharge review, received 981027, requested that the characterization of service on the discharge be changed to 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, 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 (verbatim)

 1. I joined the U.S. Navy when I was 17 years old. Because of my young age, I did not realize what I was signing up for nor the importance of what I was doing. I was a child struggling to fullfill an adults commitment. I became disillusioned when I was moved from one T.A.D. to another. These duties always seemed to be the worst or the dirtiest. Being young and dumb, I escaped by using drugs.
I have since matured from my childess ways and grown into an adult. I have long since realized the mistakes I made, aside from a couple of minor traffic violations I've not had trouble since my O.T.H. discharge. No felonies. I have improved my education and have a G.E.D. Certificate. I was graduated from Motech Automotive Center in Livonia, Mich, and have a certificate from that school. I also attended Schoolcraft College and have a certificate in M.I.G. welding. I have been talking with Army and Navy recruiters and if you see your way clear to upgrade my discharge, it is my intention to return to the service and complete my tour of duty.
I believe my discharge and re-reenlistment code from the Navy is improper because it forever bannishes a man, due to the actions of a child.
I thank you for your consideration.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of GED dated February 25, 1991
Copy of official test results dated February 25, 1991
Letter from Director, Community Education dated February 25, 1991
Copy of Certificate for Automotive Mechanics dated November 24, 1986
Copy of Mechanic certificate expiration date of 7/15/88
Copy of Mechanic certificate expiration date of 7/16/90
Copy of Mechanic certificate expiration date of 7/16/91
Copy of Certificate for Welding Basics dated February 10, 1998
Copy of Education Grade Report from Schoolcraft College dated Winter 1998

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: None

 Period of Service Under Review :
Date of Enlistment: 811228               Date of Discharge: 841017

 Length of Service (years, months, days):

         Active: 02 06 04
         Inactive: 00 03 14

 Age at Entry: 17                          Years Contracted: 6

 Education Level: 10                        AFQT: 63

 Highest Rate: AN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (3)    Behavior: 2.07 (3)                OTA: 2.70

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR

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 :

820413:  Applicant ordered to active duty for 36 months under the Active Mariner Program.
820415:  Applicant signed the Drug and Alcohol Abuse Statement of Understanding.
830119:  NJP for violation of UCMJ, Article 91: Failed to obey lawful order issued by superior petty officer on 0530, 11Dec82, violation of UCMJ, Article 113: Found sleeping in rack while posted as Fire/Security Watch on 0310, 11Dec82, violation of UCMJ, Article 121: Commit larceny by picking up a case of sodas and walking off with it on 1920, 31Dec82.
         Award: Forfeiture of $150 per month for 1 month, restriction for 30 days, reduction to E-1. Reduction suspended for 3 months. No indication of appeal in the record.
830330:  NAVDRUGLAB [Oakland, CA], reported applicant’s urine sample, received 830323, tested positive for cannabinoids.
830408:  Retention Warning: Advised of deficiency (Marijuana use as evidenced in a confirmed lab positive for THC from a random urinalysis held 15 March 1983.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

830416:  Vacate suspended reduction to AR awarded at NJP dated 830119.

 830421:  NJP for violation of UCMJ, Article 86: Fail to go to appointed place of duty, to wit: VAQ-133 Line shop on 1300, 3Apr83, violation of UCMJ, Article 134: Wrongfully use marijuana on 15Mar83.
         Award: Forfeiture of $286.80 per month for 2 months, restriction for 60 days. No indication of appeal in the record.
830423:  Substance Abuse Report: Marijuana abuse, Feb83-Mar83, less than monthly, ashore off duty, urinalysis Mar83. SAC/CAAC determined applicant is not dependent and recommended Level I treatment. Commanding Officer recommended retain and refer to Level I treatment. Comments: AR (applicant) is an extremely below average worker. He needs to mature in his decision making in regard to his recent poor military conduct. Previous NJPs: 11 December 1982, violation of UCMJ Article 91, disobeying a superior petty officer, 11 December 1982, violation of UCMJ Article 113, sleeping on watch, and 31 December 1992, violation of UCMJ Article 121, attempted larceny. No civil arrests. In view of these recent offenses of the UCMJ and his irresponsible behavior, AR (applicant's) potential for future naval service is poor.
830602:  Applicant completed Navy Alcohol Safety Action Program.

840601:  NAVDRUGLAB [San Diego, CA], reported applicant’s urine sample, received 840524, tested positive for THC/methamphetamine.

840711:  NJP for violation of UCMJ, Article 134: Wrongfully use marijuana on 18May84.
         Award: Forfeiture of $330 per month for 2 months, restriction for 60 days, reduction to AA. No indication of appeal in the record.
840808:  NJP for violation of UCMJ, Article 107: With intent to deceive, make to MM1, an official statement, to wit: that he did not notice any unusual damage to vehicle while operating the vehicle, which statement was false in that he hit a gate post behind Building 117, and was then known by him to be so false, violation of UCMJ, Article 108: Through neglect, damage by colliding with a gate post behind Building 117, a government vehicle, to wit: Dodge pickup truck, the amount of damage over $100.00.
         Award: Restriction for 30 days, reduction to AR. No indication of appeal in the record.
840830:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and misconduct due drug abuse as evidenced by urinalysis testing.
840830:          Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.
840831:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and misconduct due drug abuse (use).

840928:  Medical evaluation for drug abuse found the applicant to be a psychologically dependent. Recommended treatment at NDRC if retained and through VA if discharged.

841013:  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 841017 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 1, the Board found that the applicant’s age, education level, and test scores qualified him for enlistment. While he may feel that his youth and immaturity were factors that contributed to his action, the record clearly reflects his willful disregard for the requirements of military discipline and demonstrated that he was unfit for further service. The record is devoid of evidence that the applicant was not responsible for his conduct or that he should not be held accountable for his actions. No relief will be granted on the basis of this issue.

In addition, the Board has no authority to change re-enlistment codes or make recommendations to permit re-entry into the Naval Service or any other of the Armed Forces. Neither a less than fully honorable discharge nor an unfavorable “RE” code is, in itself, a bar to re-enlistment. A request for waiver is normally done only during the processing of a formal application for enlistment.

 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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