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NAVY | DRB | 1999_Navy | ND99-00438
Original file (ND99-00438.rtf) Auto-classification: Denied


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

ex-SA, USN
Docket No. ND99-00438

Applicant’s Request
The application for discharge review, received 990208, 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 000110. 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

 1. I was unable to properly prepare for my defense due to my relatively young age and maturity level.


 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: None
         Inactive: USNR (DEP)     850909 - 851006  COG

 Period of Service Under Review :
Date of Enlistment: 851007               Date of Discharge: 870507

 Length of Service (years, months, days):

         Active: 01 07 01
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 26

 Highest Rate: SN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.80 (2)    Behavior: 2.70 (2)                OTA: 2.80

 Military Decorations: None

 Unit/Campaign/Service Awards: None

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 :

851009:  Applicant briefed on Navy's policy on drug and alcohol abuse.

860428:  Applicant to unauthorized absence 0715-1900, 28Apr86 (surrendered).

860515:  NJP for violation of UCMJ, Article 117 (2 specs): Wrongfully use provoking words on 12 March and 1 May 1986.
Award: Forfeiture of $100 per month for 2 months. Forfeiture suspended for 6 months. No indication of appeal in the record.
860521:  Retention Warning: Advised of deficiency (Article 117, wrongfully use provoking words.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

870319:  NJP for violation of UCMJ, Article 128: Assault on 4Mar87, violation of UCMJ Article 107: Sign false official statement, violation of UCMJ Article 112A: Wrongfully use marijuana.
         Award: Forfeiture of $369 per month for 2 months, restriction and extra duty for 45 days, reduction to SA. No indication of appeal in the record.
870407:  Drug and Alcohol Abuse Report: Marijuana abuse, less than monthly, Feb87, ashore off duty. Command observation. Medical officer found applicant not dependent and recommended separation. Commanding officer recommended separation. Comments: Expiration of Obligated Service is 6 October 1989. Member has one years and six months active duty service and is being processed for an Administrative Discharge due to Misconduct - Drug Abuse. Member was evaluated by a Medical Officer and found to be alcohol/drug abuser (non-dependent). 15 May 1986: Commanding Officer's NJP for violation of UCMJ Article 117 (two specification), Wrongfully using Provoking Words. Awarded: Forfeiture of $100.00 pay per month for a period of two months(suspended for six months). 19 March 1987: Commanding Officer's NJP for violation of UCMJ Article 128 - Assault; violation of UCMJ Article 107, Sign False Official Statement; and violation of UCMJ Article 112A, Wrongful use of Marijuana. Awarded: Restriction to Barracks 653 for 45 days, forfeiture of 1/2 pay per month for two months, reduction in rate to E-2, and extra duties for 45 day. Member has a very poor work performance and has shown no potential for further useful service.
Discharge package missing from service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 870507 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 found the applicant was a competent adult who was given the opportunity to talk to counsel prior to her discharge. Relief denied.

 Pertinent Regulation/Law (at time of discharge)

 A. Navy Military Personnel Manual, (NAVPERS 15560), Change 7/86, effective
15 Dec 86 until 14 Jun 87, 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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