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NAVY | DRB | 1999_Navy | ND99-00116
Original file (ND99-00116.rtf) Auto-classification: Denied


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

ex-PRAR, USN
Docket No. ND99-00116

Applicant’s Request
The application for discharge review, received 981027, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a personal appearance hearing discharge review. The applicant did not list any representative on the DD Form 293. In the acknowledgement letter to the applicant, he was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing.

 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 HONORABLE CONDITIONS (GENERAL)/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:

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     900131 - 900206  COG

 Period of Service Under Review :
Date of Enlistment: 900207               Date of Discharge: 910104

 Length of Service (years, months, days):

         Active: 00 10 28
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 59

 Highest Rate: PRAA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.10 (2)    Behavior: 2.80 (2)                OTA: 3.00

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

 Chronological Listing of Significant Service Events :

900131:  Applicant signed Drug and Alcohol Abuse Statement of Understanding.

900208:  Applicant briefed on Navy policy on drug and alcohol abuse.

900430:  Applicant briefed on Navy policy on drug and alcohol abuse.

901023:  Member self-referred himself to DAPA.

901121:  NJP for violation of UCMJ, Article 89: Disrespect to superior commission officer, to wit: by saying to him "I don't have to talk to you about this" on 15Nov90.
         Award: Reduction to E-1. No indication of appeal in the record.
901109:  CAAC evaluation: Applicant found psychologically dependent of marijuana. Recommend Level I treatment, evaluation by medical officer or clinical, separation via VA hospital.

901114:  Medical evaluation for drug abuse found the applicant to be a drug and alcohol abuser, and is drug and alcohol dependent. Recommended VA treatment.

901116:  Drug and Alcohol Abuse Report: Marijuana abuse, 1-3 times a month, ashore off duty, self-referral on 901023. CAAC and physician found applicant dependent and recommended separate via VA treatment. CO recommended separate via VA hospital. Comments: Member enlisted on a drug waiver for marijuana. Performance while onboard has been up to normal expectations. On 23 Oct 90 self-referral was initiated. Admits entering service and entry indoctrination did not deter his abuse. Motivation for self-referral was fear of random urinalysis. The limited potential in this case does not justify further service.

901116:  Applicant notified of intended recommendation for discharge under honorable conditions (general) by reason of misconduct due to drug abuse as evidenced by wrongful use of a controlled substance to wit: marijuana.
901119:          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.
901130:  Commanding officer recommended discharge under honorable conditions (general) by reason of misconduct due to drug abuse (use). Commanding officer’s comments (verbatim): PRAR (applicant) has self-referred himself for rehabilitation due to marijuana dependency. He has been found to be dependent by a medical evaluation. Due to his age and immaturity, I recommend a general discharge as being in the best interest of all involved.

901207:  CNMPC directed the applicant's type warranted by service record by reason of misconduct due to drug abuse (use).

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 910104 under honorable conditions (general) 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.

 Pertinent Regulation/Law (at time of discharge)

 A. Navy Military Personnel Manual, (NAVPERS 15560A), Change 11, effective
14 Jun 90 until 14 Aug 91, 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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