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NAVY | DRB | 1999_Navy | ND99-00362
Original file (ND99-00362.rtf) Auto-classification: Denied


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

ex-AA, USN
Docket No. ND99-00362

Applicant’s Request
The application for discharge review, received 990114 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 – 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:
Copy of DD Form 214

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: 850326               Date of Discharge: 880628

 Length of Service (years, months, days):

         Active: 03 03 02
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4
Education Level: 12                        AFQT: 35

 Highest Rate: AN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.40 (4)    Behavior: 2.90 (4)                OTA: 3.20

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR, MUC

 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 :

880623:  Applicant acknowledges understanding of Navy’s drug and alcohol program.


870616:  NJP for violation of UCMJ, Article 86 (2 Specs): unauthorized absence, violation of UCMJ Article 91: Insubordination to a warrant officer or superior petty officer, violation of UCMJ Article 112: Drunk on duty, violation of UCMJ Article 111: Drunken Driving.
         Award: Forfeiture of ½ months pay per month for 2 months, restriction and extra duty for 45 days, reduction to AA. No indication of appeal in the record.
870616:  Retention Warning: Advised of deficiency (alcohol abuse), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

870825:  Applicant completes Level III treatment for alcohol.

880401:  NAVDRUGLAB San Diego , CA reports applicant’s sample tested positive for THC.   

880415:  NJP for violation of UCMJ, Article 112A: Wrongful use of controlled substance.
 Award: Forfeiture of $376 per month for 2 months, restriction and extra duty for 45 days, reduction to AA. No indication of appeal in the record
880517:  Applicant diagnosed as alcohol and drug dependent. Applicant offered treatment from the VA.

880502:  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 dtg 012047Z.
880510:          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 respond within two working days to the proceedings.
880520:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

880613:  CNMPC directed the applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

880623:  Applicant offered treatment for drug/alcohol abuse. Applicant signed statement “does not desire treatment for drug and alcohol rehabilitation”.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 880628 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).


 Pertinent Regulation/Law (at time of discharge)

 A. Navy Military Personnel Manual, (NAVPERS 15560A), effective 15 Jun 87 until
10 Jan 89, 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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