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NAVY | DRB | 1999_Navy | ND99-00345
Original file (ND99-00345.rtf) Auto-classification: Denied


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

ex-OSSA, USN
Docket No. ND99-00345

Applicant’s Request
The application for discharge review, received 990107, 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 a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 990927. 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

 1. The discharge is improper because no offer of rehabilitation was awarded or set as a corrective action for continued service.
2. The Enlisted Performance Record was misleading, great efforts on my part to better understand and utilize system operations, parameter was not recognized or noted. (Doc. #2)
3. The Training History Standards completed did not reflect any optional training received for equipment operation/ use on USS LONG BEACH (CGN-9)(in house equipment varies ship to ship, additional training was required.) (Doc. #3).
4. I feel my discharge should be upgraded due to the fact of unfair and unsubstantiated allegations of initiative and appearance being substandard while serving aboard the USS LONG BEACH (CGN-9).

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Enlisted Performance Record 840130-850903 (previously reviewed by NDRB)
Enlisted Performance Record 800304-830816 (previously reviewed by NDRB)
Navy Occupation/Training/Award History 820307-850412 (previously reviewed by NDRB)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        800304 - 840129  HON
        
Period of Service Under Review :
Date of Enlistment: 840130               Date of Discharge: 850903

 Length of Service (years, months, days):

         Active: 01 07 03
         Inactive: None

 Age at Entry: 25        Years Contracted: 5

 Education Level: 12                        AFQT: 60

 Highest Rate: OS3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.12 (5)    Behavior: 3.00 (5)                OTA: 3.20

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR(x2), NUC, NEM

 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 :

850617:  NAVDRUGLAB San Diego, CA reports applicant’s urine sample tested positive for THC.
840713:  NJP for violation of UCMJ, Article 86: On or about 0730, 07 Jul 84 did absent himself from place of duty to wit: USS LONG BEACH (CGN-9) located at Subic Bay, Philippines and did remain absent until on or about 0005, 08 Jul 84, a period of about 16 hours and 35 minutes.
 Award: Restriction for 30 days, reduction to E-3. No indication of appeal in the record.
850624:  NJP for violation of UCMJ, Article 112A: Wrongful use of controlled substance- Marijuana.
Award: Forfeiture of $200 per month for 2 months, restriction and extra duty for 45 days, reduction to E-2. No indication of appeal in the record.

 850709:  Medical evaluation for drug abuse found the applicant to be a drug abuser, not drug dependent.

850801:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by NAVDRUGLAB San Diego, CA report dtd 850617.
850801:          Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to waive all rights except to respond within two working days to the Admin board proceedings.
850709:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

850826:  CNMPC directed the applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

850826:  Separation screening for drug abuse found the applicant to be a drug abuser, not drug dependent

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 850903 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’s first issue contends the discharge was improper because no offer of rehabilitation was awarded or set as a corrective action for continued service. The NDRB found this issue without merit as the applicant was screened twice for drug dependency and was found, in both cases, not drug dependent. The applicant’s issue also implies that there was a “two strike” policy in effect and an offer for “corrective action for further service”. The commanding officer evaluated the applicant as having “no potential for future naval service” and determined he should be separated from the naval service for misconduct- drug abuse (use) under Ref (A).

The applicant’s second issue that the Enlisted Performance Record was misleading and great efforts on the applicant’s part were taken to better understand and utilize system operations, parameter were not recognized or noted. The NDRB found this issue irrelevant. The applicant was discharged for drug abuse (use) and not for substandard performance. Relief denied.

The applicant’s third issue that the Training History Standards completed did not reflect any optional training received or equipment operation/use onboard USS LONG BEACH. The NDRB found this issue irrelevant as the applicant was separated for drug abuse (use) rather than substandard training performance. Relief denied.

The applicant’s fourth issue that discharge should be upgraded due to unsubstantiated allegations of initiative and appearance being substandard while serving aboard USS LONG BEACH. The NDRB found this issue irrelevant as the applicant was separated for drug abuse(use) rather than initiative and appearance. Relief denied.

 Pertinent Regulation/Law (at time of discharge)

 A. Navy Military Personnel Manual, (NAVPERS 15560), Change 10/84, effective
17 Sep 84 until 15 Dec 85, 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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