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NAVY | DRB | 1999_Navy | ND99-00423
Original file (ND99-00423.rtf) Auto-classification: Denied


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

ex-MS3, USN
Docket No. ND99-00423

Applicant’s Request
The application for discharge review, received 990202, requested that the characterization of service on the discharge be changed to honorable or general/under honorable conditions. 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 991206. 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:
Copies of DD Form 214 (2)
Copies of Enlisted Performance Evaluation Reports (4)
Copies of Letters of Commendation (4)
Copies of Report of Enlisted Performance Evaluations (6)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        770725 - 810521  HON
         Inactive: USNR (DEP)     770119 - 770724  COG

 Period of Service Under Review :
Date of Enlistment: 810522               Date of Discharge: 860228

 Length of Service (years, months, days):

         Active: 04 09 07
         Inactive: None

 Age at Entry: 22                          Years Contracted: 6

 Education Level: 12                        AFQT: 67

 Highest Rate: MS2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.76 (5)    Behavior: 3.24 (5)                OTA: 3.60

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR, GCA, NEM, NAM

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 :

810522:  Reenlisted onboard USS BOSTON (SSN-703) PRECOMUNIT for 6 years.

850803:  Report of Medical Board indicates applicant was diagnosed with Psychological factors affecting physical illness versus psychogenic pain and Mixed Personality Disorder.

851216:  Retention Warning: Advised of deficiency (Failing to obey a lawful orders without question, failing to maintain self control under stressful conditions), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

851217:  NJP for violation of UCMJ, Article 112a Wrongful use of a controlled substance, to wit: marijuana.
Award: Forfeiture of $200 per month for 2 months, restriction and extra duty for 15 days, reduction to E-4. No indication of appeal in the record.
860107:  NAVDRUGLAB, report indicates applicant tested positive for THC.

860129:  Medical evaluation for drug abuse found the applicant not drug dependent.
860131:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of convenience of the government, specifically, personality disorder, and misconduct due to drug abuse as evidenced by your NJP for positive urinalysis test.
860203:          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.
860206:  Head, Military Personnel Department, Headquarters, Naval District Washington, DC recommended discharge under other than honorable conditions by reason of convenience of the government, specifically, personality disorder and misconduct due to drug abuse as evidenced by his NJP for positive urinalysis test.

860227:  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 860228 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 introduced no decisional issues for the Board to consider.

 Pertinent Regulation/Law (at time of discharge)

 A. Navy Military Personnel Manual, (NAVPERS 15560), Change 10/85, effective
16 Dec 85 until 05 Oct 86, 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, DC 20374-5023       


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