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NAVY | DRB | 1999_Navy | ND99-00425
Original file (ND99-00425.rtf) Auto-classification: Denied


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

ex-BTFN, USN
Docket No. ND99-00425

Applicant’s Request
The application for discharge review, received 990202, 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 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, 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
Copy of DD Form 215

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        870803 - 920803  HON
         Inactive: USNR            870618 - 870802  COG

 Period of Service Under Review :
Date of Enlistment: 920804               Date of Discharge: 940120

 Length of Service (years, months, days):

         Active: 01 05 16
         Inactive: 00 01 15

 Age at Entry: 20                          Years Contracted: 4
Education Level: 12                        AFQT: 32

 Highest Rate: BT3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.80 (2)    Behavior: 3.90 (2)                OTA: 3.80

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR(4), BATTLE"E"RIBBON(2), NUC, MUC, JMUA

Days of Unauthorized Absence: 20

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 :

920804:  Reenlisted onboard USS CAPE COD (AD-43)for 4 years.

931027:  Medical evaluation for drug abuse indicates substance abuse, no treatment needed.

931122:  DAAR indicates applicant abused cocaine, found not dependent.

931124:  NJP for violation of UCMJ, Article 86: (5 Specifications) UA, Spec 1: UA 930923-930927 (4days/S), Spec 2: UA 931004-931006 (2days/S), Spec 3: UA 0730-1330, 931013, Spec 4: UA 0730-0845, 931026, Spec 5: 931105-931112 (7days/S), violation of UCMJ Article 112a (2 Specifications), Wrongful use of cocaine on 930927 and 931013.
         Award: Forfeiture of $540 per month for 2 months, restriction and extra duty for 45 days, reduction to E-3. No indication of appeal in the record.
931129:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by all drug incidents in your current enlistment {Extracted from CO's message}.
931129:          Applicant advised of his rights and having elected 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 and to submit a statement on own behalf either verbally or in writing {Applicant did not submit statement} {Extracted from CO's message}.

931206:  Applicant UA as of 0730, 931206.

931207:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

931227:  Applicant surrenders at 1300, 931227.

940104:  BUPERS directed the applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

940106:  Retention Warning: Advised of deficiency (Violation of CA PC242-243(A), Battery), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 940120 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 consideration by the Board.

 Pertinent Regulation/Law (at time of discharge)

 A . Navy Military Personnel Manual, (NAVPERS 15560C), Change 5/93, effective
05 Mar 93 until 21 Jul 94, 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
                  Building 36 Washington Navy Yard
                  901 M Street, SE
                  Washington, DC 20374-5023       


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