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NAVY | DRB | 1999_Navy | ND99-00304
Original file (ND99-00304.rtf) Auto-classification: Denied


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

ex-QMSA, USN
Docket No. ND99-00304

Applicant’s Request
The application for discharge review, received 981222, 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 000110. 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, authority: NAVMILPERSMAN, Article 3630620.

The NDRB did note an administrative error on the original DD Form 214. Block 25, Separation Authority should read: “3630620” vice “3630600”. The original DD Form 214 should be corrected or reissued as appropriate.






PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. My discharge was inequitable because it was based soley on the point of the urinalysis being a command sweep whereas if the urinalysis was a random test, the discharge at least General/Under Honorable Conditions.
*This rule is listed in MILPERSMANUAL.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214 (Member 1)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     930924 - 940911  COG

 Period of Service Under Review :
Date of Enlistment: 940912               Date of Discharge: 970228

 Length of Service (years, months, days):

         Active: 02 05 17
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 85

 Highest Rate: QMSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.00 (1)    Behavior: 1.00 (1)                OTA: 3.00        5.0 evals

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SSDR, AFSM

 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 :

970111:  Drug and Alcohol Abuse Report: Marijuana abuse, unit sweep, less than monthly ashore off duty. CAAC recommended separate not via VA hospital. Physician found applicant not dependent and recommend separate not via VA hospital. CO recommended separate not via VA hospital.
970211:  NJP for violation of UCMJ, Article 112a: Wrongful use of marijuana on 18 January 1997.
         Award: Forfeiture of $505 per month for 2 months, restriction and extra duty for 45 days, reduction to QMSA. No indication of appeal in the record.
970227:  COMCRUDESGRU TWELVE 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 970228 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 applicable Chief of Naval Operations instruction indicates the drug inspection performed in this case can be used in disciplinary proceedings and making characterization of service determinations (E).

The applicant states an inequity exists because the urinalysis was based solely on a unit sweep vice a random sweep. According to OPNAVINST 5350.4A both random sweep and unit sweep results can be used to support other than honorable characterizations of service. Had the urinalysis been command directed for a fitness of duty determination the results could not be used to make a characterization of other than honorable service.

The Board determined the discharge to be proper and equitable. Accordingly, it will not be changed.


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.
E.       Chief of Naval Operations Instruction (OPNAVINST 5350.4B) of 13 Sep 99 entitled Alcohol and Drug Abuse Prevention and Control

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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