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NAVY | DRB | 1999_Navy | ND99-00198
Original file (ND99-00198.rtf) Auto-classification: Denied


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

ex-DCFN, USN
Docket No. ND99-00198

Applicant’s Request
The application for discharge review, received 981118, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a personal appearance hearing discharge review at a Traveling Panel closest to Detroit, Michigan. 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 991012. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety in the discharge, but found the characterization of the applicant’s service inequitable. The Board’s vote was four to one that the character of the discharge shall change to: GENERAL ( UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630620.



PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. SEE LETTER.

 Documentation
In addition to the service record, there is no discharge package on the service record, the following additional documentation, submitted by the applicant, was considered:
Letter from applicant
Letters of Recommendation (2)
Copy of Certificate of Appointment to Third Class
Copy of Navy Achievement Medal Certificate
Letter to the Board
Copy of DD Form 214
Copy of Separation Orders (2pgs)
Discharge information (4pgs)
Copy of Memorandum from Legal Officer
Copies from Medical Record (4pgs)
Copy of Authorization Letter to wear Third Class Petty Officer
Citation Certificate
Evaluation Report & Counseling Record (4)
Letters of Inquiry from Congressman D____ E. B_____ (3)
Copy of Letter from Director of NCPB
Resume

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     940526 - 940919  COG

 Period of Service Under Review :
Date of Enlistment: 940920               Date of Discharge: 971024

 Length of Service (years, months, days):

         Active: 03 01 05
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 39

 Highest Rate: FN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.50 (4)    Behavior: 3.50 (4)                OTA: 3.32

 Military Decorations: None

 Unit/Campaign/Service Awards: NDM, NAM, SSR(2), SASM(2), AFSM, NM, BATTLE"E"RIBBON

Days of Unauthorized Absence: None

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630620.

 Chronological Listing of Significant Service Events :

960416:  NJP for violation of UCMJ, Article 86: Unauthorized absence from appointed place of duty.
Award: Forfeiture of $250 per month for 1 month. No indication of appeal in the record{EXTRACTED FROM CASE.FILE CO'S MESSAGE}
960418:  Retention Warning: Advised of deficiency (Misconduct as evidenced by your CO's NJP on 960416 for violation of UCMJ, Article 86, UA from place of duty on 960411), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

971007:  NJP for violation of UCMJ, Article 112a: (2 Specifications), Spec 1: Wrongfully use of steroids at various times between the dates of 970822 through 970922, Spec 2: Wrongful possession of steroids on 970922.
         Award: Forfeiture of $575 per month for 1 month, restriction and extra duty for 30 days, reduction to E-3. No indication of appeal in the record.
971009:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by CO's NJP on 971007 for violation of the UCMJ, Article 112a: Wrongful use of steroids and wrongful possession of steroids{EXTRACTED FROM CASE FILE}.

971010:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights {EXTRACTED FROM CASE FILE}.

971011:  Medical officer's drug and alcohol evaluation found applicant not drug and alcohol dependent{EXTRACTED FROM CASE FILE}.
971013:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse, misconduct commission of serious offense and by misconduct pattern of misconduct). Commanding officer’s comments: DCFN R____ reported to this command a year ago and since reporting has been an above average performer. However, he was well aware of the Navy's policy on drug abuse yet still entered a pharmacy overseas, purchased steroids, illegally brought them onboard and then used them onboard. I strongly recommend that DCFN R_____ be separated from the Navy and that the separation be characterized as Other Than Honorable.{EXTRACTED FROM CASE FILE}.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 971024 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 but inequitable (C and D).

After careful review of the applicant’s service record and personal letter, the NDRB found the applicant was properly discharged and found evidence to warrant an upgrade of discharge to GENERAL(UNDER HONORABLE CONDITIONS) based on the applicant’s type of service.
Pertinent Regulation/Law (at time of discharge)

 A . Navy Military Personnel Manual, (NAVPERS 15560C), Change 14, effective
03 Oct 96 until 11 Dec 97, Article 3630620 SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT 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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