Search Decisions

Decision Text

NAVY | DRB | 1999_Navy | ND99-00130
Original file (ND99-00130.rtf) Auto-classification: Denied


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

ex-EOCN, USN
Docket No. ND99-00130

Applicant’s Request
The application for discharge review, received 981102, 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 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)

 Dear Sir,
 I do admitt that I deserve this discharge, it really has destroyed my record & employment. It has been a mistake what I have done but I think this is enough I am 36 years old I could’nt get a good job since discharge because of the statement on my DD 214 that states the drug use please I need to have it changes or to take off part concern drugs.
I have never been into drugs or even alkohol except the time when I was in the Navy & after I got into it I have turned myself in then I thought my Navy career would be over therfor I decided to leave. Other than that I really liked Navy life & I was so good in there, everyone liked me & I was an excelent working man, my superious will vote for me.
Everytime I apply for a job they would cancell me once they know about this drug thing. Please do help me. (applicant)

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Enlisted Performance Evaluation Report dtd 880924 (2 copies)
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     880509 - 880522  COG

 Period of Service Under Review :
Date of Enlistment: 880523               Date of Discharge: 890711

 Length of Service (years, months, days):

         Active: 01 01 19
         Inactive: None

 Age at Entry: 26                          Years Contracted: 4

Education Level: 14                        AFQT: 35

 Highest Rate: EOCN      

Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.80 (2)    Behavior: 3.20 (2)                OTA: 3.50

 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 :

880523:  Counseling: Advised of deficiency (drug use), notified that a second drug abuse incident will result in immediate processing for separation from the Naval service.

880607:  DAAR notes applicant tested positive for marijuana.
890427:  DAAR notes applicant tested positive for marijuana and determined not to be dependent.

890508:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by drug abuse.
890510:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights

890614:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use). Commanding officer’s comments (verbatim): EOCN (applicant) admitted preservice use of marijuana (NAVCRUIT 1133/7) DTD 3 May 88 and was briefed on Navy drug and alcohol policy per page 13 entry on 25 May 88. SNM was identified as a drug abuser in May 88 during “A” school by urinalysis and given a page 13 warning that further abuse would result in processing. EOCN (applicant) reported aboard PHIBCB One 0n 25 Sep 88. Mbr self-referred for drug abuse on 3 Mar 89 (second drug incident) and was placed on the surveillance urinalysis program while being evaluated by medical and CAAC. Mbr continued to use drugs under surveillance. By his actions, EOCN (applicant) has not demonstrated high potential for further Naval service. EOCN (applicant) was an exceptional performer until he self referred for drug abuse and began testing positive for a controlled substance, THC. By his wrongful use of a controlled substance in violation of Navy policy, EOCN (applicant) has shown his total lack of potential for further productive Naval service. I most strongly recommend his administrative separation from the naval service for misconduct due to drug abuse and I further strongly recommend characterization of his discharge be other than honorable. EOCN (applicant) is not recommended for retention or reenlistment.

890623:  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 890711 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 requested that the reason for his discharge be changed to omit “drug abuse (use)” for increased employment opportunities. The NDRB, under its responsibility to examine the propriety and equity of a discharge, will change the reason for discharge if such a change is warranted. The applicant’s service record clearly documents the pattern of misconduct- drug abuse (use) which resulted in the applicant’s discharge. No other Narrative Reason for Separation could more clearly describe why the applicant was discharged. To change the Narrative Reason for Separation would be inappropriate. Relief denied.


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     

Similar Decisions

  • NAVY | DRB | 2004_Navy | ND04-00556

    Original file (ND04-00556.rtf) Auto-classification: Denied

    Decision A documentary discharge review was conducted in Washington, D.C. on 20040922. I understand that effective this date, that I will be placed on a drug urinalysis surveillance program and tested on a regular basis… I further understand that a second drug abuse incident will result in immediate processing for separation from the naval service.880310: DAAR: Substance: Marijuana, ashore off-duty, service directed. After a complete review of the entire record, including the evidence...

  • NAVY | DRB | 2002_Navy | ND02-00379

    Original file (ND02-00379.rtf) Auto-classification: Denied

    The NDRB also advised that the board first conducts a documentary review prior to any personal appearance hearing. 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).Issue 1: Drug abuse (use) warranted processing for separation under other than honorable conditions. Navy Military Personnel Manual, (NAVPERS 15560A), Change 6, effective 11 Jan 89 until 13 Jun 90,...

  • NAVY | DRB | 1999_Navy | ND99-00968

    Original file (ND99-00968.rtf) Auto-classification: Denied

    921208: 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, recommended applicant be retained. 950407: 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 other than honorable...

  • NAVY | DRB | 1999_Navy | ND99-01049

    Original file (ND99-01049.rtf) Auto-classification: Denied

    ND99-01049 Applicant’s Request The application for discharge review, received 990728, requested that the characterization of service on the discharge be changed to general/under honorable conditions and the reason for the discharge be changed to anything but what it is. PART I - APPLICANT’S ISSUES AND DOCUMENTATION 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...

  • NAVY | DRB | 1999_Navy | ND99-00070

    Original file (ND99-00070.rtf) Auto-classification: Denied

    ND99-00070 Applicant’s Request The application for discharge review, received 981013 requested that the characterization of service on the discharge be changed general/under honorable conditions. 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 response to the applicant’s issue 1, the Board found the applicant implies that a permissive doctrine exists whereby...

  • NAVY | DRB | 2001_Navy | ND01-00086

    Original file (ND01-00086.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: USN 930506 - 990513 HON USN 880523 - 930505 HON Inactive: USNR (DEP) 880509 - 880522 COG Period of Service Under Review :Date of Enlistment: 990514 Date of Discharge: 000214 Length of Service (years, months, days):Active: 00 09 01 Inactive:...

  • NAVY | DRB | 2001_Navy | ND01-00298

    Original file (ND01-00298.rtf) Auto-classification: Denied

    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 the applicant’s issue, the Board found that the applicant's age, education level, and test scores qualified him for enlistment. At this time, the applicant has not provided any documentation of good character and conduct. Navy Military Personnel Manual, (NAVPERS 15560A), Change 6, effective 11 Jan 89 until 13 Jun 90,...

  • NAVY | DRB | 2001_Navy | ND01-00737

    Original file (ND01-00737.rtf) Auto-classification: Denied

    ND01-00737 Applicant’s Request The application for discharge review, received 010508, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to unfit for military duty. The applicant requested a documentary record discharge review. You may view DoD Directive 1332.28 and other Decisional Documents by going online at " afls10.jag.af.mil ".The names, and votes of the members of the Board are recorded on the original...

  • NAVY | DRB | 2000_Navy | ND00-00556

    Original file (ND00-00556.rtf) Auto-classification: Denied

    I (applicant) was released from military service with an other than honorable due to drug test. No indication of appeal in the record.880519: Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by your wrongful use of cocaine.880519: Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.880523: Commanding...

  • NAVY | DRB | 2002_Navy | ND02-00910

    Original file (ND02-00910.rtf) Auto-classification: Denied

    Decision A documentary discharge review was conducted in Washington, D.C. on 030311. 970929: 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, recommended Applicant be separated (suspended for 12 months), and recommended discharge under other than honorable conditions. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged...