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NAVY | DRB | 1999_Navy | ND99-00357
Original file (ND99-00357.rtf) Auto-classification: Denied


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

ex-RMSA, USN
Docket No. ND99-00357

Applicant’s Request
The application for discharge review, received 990112, 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 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, authority: NAVMILPERSMAN, Article 3630620.










PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 While in England, I was wrongly accused of doing drugs. Security had told me if I didn’t admit to doing the drugs I would be taken to Leavenworth. I had went to captain’s mass, and admitted to doing drugs which I didn’t do. I was given urinalysis and it came up negative. The only reason I admitted to doing drugs is because I wanted out of the Navy.
The Navy was included in my life plans. After being so poorly treated, I took the opportunity to get out. I was going to be made a bosensmate, and my top secret clearance was taken away. I feel I worked to hard to just get everything taken away from me because of what I was accused of.

Thank you for giving me this opportunity to write this to you. I hope you consider upgrading my discharge.

 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):
                  Inactive: USNR (DEP)     950323 - 950327  COG

 Period of Service Under Review :
Date of Enlistment: 950327               Date of Discharge: 961022

 Length of Service (years, months, days):

         Active: 01 06 25
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4
Education Level: 12                        AFQT: 47

 Highest Rate: RMSA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (1)    Behavior: 3.00 (1)                OTA: 3.60

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 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 :

960725   NJP for violation of UCMJ, Article 112A: Did at Portsmouth, England on or about 960712 wrongfully use hashish or marijuana, violation of UCMJ Article 121: Did onboard the USS John F Kennedy anchored at Portsmouth, England steal escorted visitors pass and three blank liberty cards, a value of less than $100 the property of the US government, violation of UCMJ Article 134: did at Portsmouth, England on or about 960712 wrongfully solicit an E3 to smoke marijuana or hashish.
         Award: Forfeiture of $437 per month for 2 months, restriction and extra duty for 45 days, reduction to E-1. No indication of appeal in the record.
960813:  NJP for violation of UCMJ, Article 86: Did on or about 0530, 10 August 96, without authority, fail to go at prescribed timeto his appointed place of duty, to wit: Restriction Man’s muster.
Award: 3 Days confinement on bread and water. No indication of appeal in the record.
960903:  Medical evaluation for drug abuse found the applicant to be a drug abuser, not drug dependent
960808:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).
960808:          Applicant advised of his rights and having elected not to 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.
960924:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

961022:  Applicant discharged 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 961022 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 states that he was wrongfully accused of doing drugs and coerced to make an incriminating statement against himself. The applicant states that his negative urinalysis is proof that he did not use drugs. The NDRB assumed regularity in the NJP proceedings. The Board found no evidence of appeal or coercion to substantiate the applicants issue. The issue of negative urine sample is irrelevant due to the applicant’s admission of drug use at NJP. Relief denied.

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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