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NAVY | DRB | 1999_Navy | ND99-00370
Original file (ND99-00370.rtf) Auto-classification: Denied


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



ex-ICFA, USNR
Docket No. ND99-00370

Applicant’s Request
The application for discharge review, received 990120 requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. The applicant listed Disabled American Veterans as his representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 990920. 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 HONORABLE CONDITIONS (GENERAL)/ Misconduct – Drug abuse (use), authority: NAVMILPERSMAN, Article 3630620.







PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues
The applicant’s representative, DAV, requested the NDRB to review case based on equity regarding characterization of discharge. Additionally, DAV requested a case review based on pertinent evidence. Should reasonable doubt arise, request NDRB resolve case in favor of the applicant.

 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)     891118 - 900611  COG

 Period of Service Under Review :
Date of Enlistment: 900612               Date of Discharge: 930226

 Length of Service (years, months, days):

          Active: 01 09 14
          Inactive: None

 Age at Entry: 17                 Years Contracted: 4

Education Level: 12                        AFQT: 68

 Highest Rate: ICFN
Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.90 (2)    Behavior: 2.90 (2)                OTA: 3.30

 Military Decorations: None
Unit/Campaign/Service Awards: NDSM, MUC
Days of Unauthorized Absence: None
Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER HONORABLE CONDITIONS (GENERAL)/Misconduct – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.

 Chronological Listing of Significant Service Events :

901207:  Retention Warning: Applicant advised of deficiency substandard performance due to alcohol related incident, ordered to complete 36 hour NADSAP course, notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

920108:  NAVDRUGLAB, report NAVDRUGLAB Msg DTG 082037Z JAN 92.
                   Report indicates applicant’s sample tested positive for THC.

 920113:  NJP for violation of UCMJ, Article 112A: Wrongful use of controlled substance.
         Award: Forfeiture of $150 per month for 2 months, restriction and extra duty for 45 days, reduction to ICSA. No indication of appeal in the record.
910211:  Medical evaluation for drug abuse found the applicant to be a drug abuser, not drug dependent

920114:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse (use) as evidenced by NJP on 920113.
920114:          Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to submit statements, and to representation at administrative discharge board by military counsel.
920114:          Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
920203:  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had committed misconduct due to drug abuse, that the misconduct warranted separation, and recommended discharge under honorable conditions (general)/misconduct –drug abuse (use).

920302:  Commanding officer recommended discharge of under honorable conditions (general) by reason of misconduct due to drug abuse (use).

920316:  BUPERS directed the applicant's discharge under honorable conditions (general) by reason of misconduct due to drug abuse (use).

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 920326 under honorable conditions (general) 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).

In the applicant’s issue, the Board found the discharge of under honorable conditions (general) for misconduct due to drug abuse (use) characterization equitable and appropriate. The NDRB noted that the administrative board as well as the commanding officer recommended the under honorable conditions (general) due to drug abuse (use) while not electing the under other than honorable conditions type discharge. In the NDRB review, the board found no doubt in the propriety or equitability of the type discharge granted.
Pertinent Regulation/Law (at time of discharge)
A. Navy Military Personnel Manual, (NAVPERS 15560C), effective 15 Aug 91 until 04 Mar 93, 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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