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NAVY | DRB | 1999_Navy | ND99-00166
Original file (ND99-00166.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND99-00166

Applicant’s Request
The application for discharge review, received 981112, 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

 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:
Copies of DD Form 214 (2)

PART II - SUMMARY OF SERVICE

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

 Period of Service Under Review :
Date of Enlistment: 860620               Date of Discharge: 890207

 Length of Service (years, months, days):

         Active: 02 07 18
         Inactive: None

 Age at Entry: 20                          Years Contracted: 8

Education Level: 12                        AFQT: 24

 Highest Rate: SN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.40 (2)    Behavior: 3.13 (3)                OTA: 3.40

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR, AFEM, JMUA, CAR

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 :

860620:  Enlisted in the Active Mariner program for 36 months.
880930:  NJP for violation of UCMJ, Article 86: Absent without leave on or about 880806, 880928, violation of UCMJ Article 112a: Wrongful use of a controlled substance.
         Award: Forfeiture of $175 per month for 2 months, restriction and extra duty for 45 days, reduction to E-2. No indication of appeal in the record.
880930:  Retention Warning: Advised of deficiency (Your wrongful use of a controlled substance on or about 980806 and your absence without leave on 980928.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

881007:  Substance Abuse Report indicates applicant was not drug dependent {EXTRACTED FROM CO'S MESSAGE DTD 890126}.

890104:  NAVDRUGLAB SAN DIEGO, CA urinalysis report indicates applicant tested positive for THC.

890112:  NJP for violation of UCMJ, Article 112a: Wrongful use of a controlled substance.
         Award: Reduction to E-1. No indication of appeal in the record. {EXTRACTED FROM CO MESSAGE DTD 890126}.
890120:  Medical evaluation for drug abuse found the applicant to be a drug abuser, not drug dependent.
890126:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct: misconduct due to drug abuse as evidenced by wrongful use of a controlled substance, to wit: THC, and misconduct: misconduct due to commission of a serious offense to wit: wrongful use of THC.
890126:          Applicant advised of his rights and having elected not to consult 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.

890126:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse, as evidenced by wrongful use of a controlled substance, to wit: THC; and misconduct: misconduct due to a serious offense, to wit: Wrongful use of THC.

890203:  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 890207 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.

 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     


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