Search Decisions

Decision Text

NAVY | DRB | 1999_Navy | ND99-00481
Original file (ND99-00481.rtf) Auto-classification: Denied


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

ex-SA, USN
Docket No. ND99-00481

Applicant’s Request
The application for discharge review, received 990222, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to Conv. of Government. The applicant requested a personal appearance before the traveling panel closest to Dallas, TX. The applicant listed the Collin County Veterans Services as his representative on the DD Form 293. In the acknowledgement letter to the applicant, he was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary discharge records review prior to any personal appearance hearing.

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 four to one that the character of the discharge shall not change. The discharge shall remain: GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630620.

The NDRB did note an administrative error on the original DD Form 214. Block 25, Separation Authority should read: “3630620” vice “3630600”. The original DD Form 214 should be corrected or reissued as appropriate.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. My drug use was an isolated incident.

2. Other than the issue that my drug use was an isolated incident. I only used drugs one time. I was at a party and was drinking when a pipe was passed around and I smoked it. I knew what I did was wrong and a day or two later I went in and advised DAPA that I had used drugs. I had hoped that since I turned my self in that the military would not discharge me. I did not want out of the Navy. I wanted to continue to serve I believe that I was entitled to an Honorable discharge.

 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)              931124 - 940912  COG

 Period of Service Under Review :
Date of Enlistment: 940913               Date of Discharge: 951012

 Length of Service (years, months, days):

         Active: 01 01 00
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 73

 Highest Rate: SA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMA                  Behavior: NMA             OTA: NMA

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

Days of Unauthorized Absence: None

 Character, Narrative Reason, and Authority of Discharge (at time of issuance):

GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630620.

 Chronological Listing of Significant Service Events :

950712:  Applicant signed substance abuse privacy act statement.

 950614:  Alcohol and Drug Evaluation Interview: Self referral to DAPA due to marijuana abuse. Impression: Cannabis abuse. Recommendation: Per current Navy policy, recommend ADSEP.

950816:  Memo notifying CO of the Navy Alcohol and Drug Abuse Program self-referral for rehabilitation for applicant. Self-referral was initiated on 14 July 1995. Applicant disclosed off duty use of marijuana.

950823:  Drug and Alcohol Abuse Report: Marijuana abuse July 14, 1995, less than monthly, ashore off duty, self referral/disclosure. Physician found applicant not dependent and recommended separate not via VA hospital. Commanding officer recommended separate not via VA hospital.
950912:  Applicant notified of intended recommendation for discharge general (under honorable conditions) by reason of misconduct due to drug abuse as evidenced by your voluntary self-referral to your departmental Drug and Alcohol Program Advisor of 14 July 1995.
950912:          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.
950914:  Memorandum for Record: ...(applicant) sought assistance for a possible drug problem specifically due to his repeated off-duty use of marijuana. During initial interview it was determined that the SNM met the criteria in accordance with OPNAVINST 5350.4B as a valid self-referral.
950920:  Commanding officer recommended discharge general (under honorable conditions) by reason of misconduct due to drug abuse (use). Discharged OCT 19 1995 with a characterization as General Under Honorable Conditions.

951018:  BUPERS directed the applicant's discharge type warranted by service record by reason of misconduct due to drug abuse (use).

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 951012 general (under 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’s first issue is irrelevant and non decisional. Although the applicant asserts his drug use was an isolated incident, that one incident is enough for discharge processing. His General Under Honorable Conditions discharge for a self referral was proper and equitable. Relief not warranted.
The applicant’s second issue is non decisional. The applicant was properly discharged for his self referral to DAPA on his marijuana use. Relief not warranted.
Pertinent Regulation/Law (at time of discharge)

 A . Navy Military Personnel Manual, (NAVPERS 15560C), Change 9/94, effective
22 Jul 94 until 02 Oct 96, 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     


Similar Decisions

  • NAVY | DRB | 1999_Navy | ND99-00973

    Original file (ND99-00973.rtf) Auto-classification: Denied

    Pursuant to reference (a), I strongly recommend that SA (applicant) be separated from the naval service with a discharge characterized as Under Other Than Honorable Conditions.960326: Drug and Alcohol Abuse Report: Marijuana abuse, self-referral/disclosure 4Mar96, 1 to 3 times per week. The issues the applicant raises concerning the Drug Abuse and Alcohol Report has no bearing on the propriety or equity of the applicant’s discharge. The applicant’s representative submitted the following as...

  • NAVY | DRB | 1999_Navy | ND99-00267

    Original file (ND99-00267.rtf) Auto-classification: Denied

    PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 980224 under other than honorable conditions for misconduct due to drug abuse (use) (A). After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the characterization of discharge was improper due to the applicant’s self-referral for drug use and shall be changed (C and D).The applicant introduced no decisional...

  • NAVY | DRB | 1999_Navy | ND99-00314

    Original file (ND99-00314.rtf) Auto-classification: Denied

    ND99-00314 Applicant’s Request The application for discharge review, received 981230, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to reentry to a 3 or below. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 961202 under other than honorable conditions for misconduct due to drug abuse (use) (A). After a thorough review of the records, supporting...

  • NAVY | DRB | 1999_Navy | ND99-00497

    Original file (ND99-00497.rtf) Auto-classification: Denied

    ND99-00497 Applicant’s Request The application for discharge review, received 990224, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to Involuntary Separation or to anything that will allow reenlist me to reenlist. SA (applicant) is considered to have no potential for future useful service and I directed that SA (applicant) be separated from the naval service with a discharge characterized as General Under...

  • NAVY | DRB | 1999_Navy | ND99-00116

    Original file (ND99-00116.rtf) Auto-classification: Denied

    In the acknowledgement letter to the applicant, he was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing. Recommend Level I treatment, evaluation by medical officer or clinical, separation via VA hospital.901114: Medical evaluation for drug abuse found the applicant to be a drug and alcohol abuser, and is drug and alcohol dependent. Navy Military Personnel Manual, (NAVPERS 15560A), Change 11, effective 14 Jun...

  • NAVY | DRB | 2000_Navy | ND00-00102

    Original file (ND00-00102.rtf) Auto-classification: Denied

    Decision A documentary discharge review was conducted in Washington, D.C. on 000727. 910215: Drug and Alcohol Abuse Report: Self-referral 22Aug90, marijuana abuse, 4-7 times per week, ashore off duty. In accordance with OPNAVINST 5350.4A, the lowest discharge characterization the applicant could receive, as a participant in the Navy’s Alcohol and Drug Abuse self-referral program, is General.

  • NAVY | DRB | 2003_Navy | ND03-00915

    Original file (ND03-00915.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. PART I - APPLICANT’S ISSUES AND DOCUMENTATION The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge.

  • NAVY | DRB | 2001_Navy | ND01-00797

    Original file (ND01-00797.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Letter from A___ M. M___ (Lee County Veterans Affairs Officer) Reference Letters (3) Copies of DD Form 214 (2) Copy of Police Record Check Letter PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: USN None Inactive: USNR (DEP) 951221 - 960625 COG Period of Service Under Review :Date of Enlistment: 960626 Date of...

  • NAVY | DRB | 2000_Navy | ND00-01077

    Original file (ND00-01077.rtf) Auto-classification: Denied

    After a thorough review of the records, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).In response to the applicant’s issue, the Board found the applicant implies that a permissive doctrine exists whereby one in the military is allowed a single misdeed with “no other adverse actions”. In addition, a medical diagnosis on active duty or during post-service, and whether proper or improper, is not an issue upon which this...

  • NAVY | DRB | 2002_Navy | ND02-01185

    Original file (ND02-01185.rtf) Auto-classification: Denied

    It is recommended that the SNM be separated from the naval service. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 920317 under other than honorable conditions for misconduct due to drug abuse (use) (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.