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NAVY | DRB | 1999_Navy | ND99-00406
Original file (ND99-00406.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND99-00406

Applicant’s Request
The application for discharge review, received 990127, 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 any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 991213. 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 (verbatim)

 1. I understand the reason for my discharge, but feel after 10 yrs of living my life, by taking advatage of opportunity, raising and mantaining my family, and evenitually opening my own business, I feel that I should also have the 4 yrs of naval service, something I am proud of, capped with an Honerable Discharge.

 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)     830502 - 831226  COG

 Period of Service Under Review :
Date of Enlistment: 831227               Date of Discharge: 871117

 Length of Service (years, months, days):

         Active: 03 10 22
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 48

 Highest Rate: SN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.60 (3)    Behavior: 3.67 (3)                OTA: 3.70

 Military Decorations: None

 Unit/Campaign/Service Awards: BER

Days of Unauthorized Absence: 6

 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 :

840404:  NJP for violation of UCMJ, Article 92: Fail to obey a lawful order by wearing civilian clothes on 2300, 24Mar84.
         Award: Forfeiture of $25 per month for 10 month, no civilian clothes until after mid-term exam. No indication of appeal in the record.
870205:  NJP for violation of UCMJ, Article 112A: Use of marijuana on or about 4 December 1986.
         Award: Forfeiture of $369 per month for 2 months, restriction and extra duty for 45 days, reduction to E-2. No indication of appeal in the record.
870918:  NJP for violation of UCMJ, Article 112A: Wrongful use of marijuana, violation of UCMJ, Article 86: Unauthorized absence from 0645, 3Sep87 to 0645, 9Sep87 (6 days/surrendered).
         Award: Forfeiture of $329 per month for 2 months, restriction and extra duty for 45 days, reduction to E-1. No indication of appeal in the record.
870925:  Applicant notified of intended recommendation for discharge under Other Than Honorable conditions by reason of Misconduct due to Drug abuse and Misconduct due to Commission of a Serious Offense.
870925:          Applicant advised of his rights and having elected not to consult 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.
870930:  Drug and Alcohol Abuse Report: Marijuana abuse, 1 to 3 times per month, December 1986 to September 1987, ashore off duty. Inspection urinalysis April 1986 and July 1987. SAC found applicant not dependent and recommended separation. Commanding officer recommending separation. Comments: SR (applicant) is being processed for an Other Than Honorable discharge because of his continuing drug involvement and other violations of the UCMJ. He has no prior civil arrest. SR (applicant) is not amendable for rehabilitation. SR (applicant) is 22 years old and has 45 months TIS.

871014:  Commanding officer recommended discharge under Other Than Honorable conditions by reason of Misconduct due to Drug abuse (Use).

871101:  CNMPC 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 871117 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).

In the applicant’s issue 1, the Board determined this issue is without merit. There is no law or regulation that provides for the upgrade of an unfavorable discharge based solely on the passage of time or good conduct in civilian life, subsequent to leaving military service. The Board reviews the propriety (did the Navy follow its own rules in processing the applicant for discharge) and equity (did the applicant receive a discharge characterization in keeping with Navy guidance or was the characterization typical of other service members being separated for the same reason) of each applicant’s discharge. This applicant’s discharge was proper and equitable. Additionally, the NDRB is authorized to award clemency for post-service factors (what has the applicant done since discharge to become a contributing member of his/her community and to society in general). Those factors include but are not limited to the following: Evidence of continuing educational pursuits (transcripts, diploma, degree or vocational-technical certificates), a verifiable employment history (letter of recommendation from employer), documentation of community service (letter from activity/community group), certificate of non-involvement with civil authorities (police records check) and proof of not using drugs (detoxification certificate). The applicant has provided no documentation of good character and conduct. The applicant is encourage to continue his efforts to establish a reputation of good character. He is also reminded that he remains eligible for a personal appearance hearing, provided an application is received within fifteen years from the date of his discharge. Documentation to support any claims of good character are a must . It is advisable to have legal representation at the hearing. Relief denied.

 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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