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NAVY | DRB | 1999_Navy | ND99-00484
Original file (ND99-00484.rtf) Auto-classification: Denied


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

ex-SR, USNR
Docket No. ND99-00484

Applicant’s Request
The application for discharge review, received 990222, requested that the characterization of service on the discharge be changed to entry level separation or uncharacterized. 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, authority: NAVMILPERSMAN, Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. I wish for my discharge be changed to uncharacterized, since the reasons for my discharge were isolated. I always did my duty to the best of my ability. My actions were wrong, and I do not refute the charges made. I hope that your judgement reflects understanding.


 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
None

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)              940831 - 941108  COG

 Period of Service Under Review :
Date of Enlistment: 941109               Date of Discharge: 960216

 Length of Service (years, months, days):

         Active: 01 03 08
         Inactive: None

 Age at Entry: 21                          Years Contracted: 8

 Education Level: 12                        AFQT: 86

 Highest Rate: SA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 1.00 (1)    Behavior: 1.00 (1)                OTA: 1.00        5.0 eval

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

Days of Unauthorized Absence: 61

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 :

941110:  Retention Warning: Advised of deficiency (defective enlistment and induction due to fraudulent entry into naval service as evidenced by your failure to disclose your preservice civil involvement/drug abuse, to wit: MJ 30X 3/94-10/94, IN DEP LSD 2X 6/89-10/90; fifth degree theft 2/88, paid fine $50 and 60 hours community service, shoplifting May81, dismissed.) notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

951209:  Drug and Alcohol Abuse Report: Marijuana abuse and possession, November 15, 1995 probable cause urinalysis. Physician found applicant not dependent and recommend separate not via VA hospital. Commanding officer recommended separate not via VA hospital.
951216:  Applicant declared a deserter.

 960118:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 0730, 16Nov95 to 1800, 16Jan96 (61 days/surrendered), violation of UCMJ Article 87 (2 specs): Miss ship's movement on 1Dec95 and 7Dec95, violation of UCMJ Article 112A: Wrongful use of marijuana on 13Nov95.
         Award: Forfeiture of $437 per month for 2 months, restriction and extra duty for 45 days, reduction to SA. No indication of appeal in the record.
960118:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due commission of a serious offense and misconduct due to drug abuse as evidenced by your Commanding Officer's Nonjudicial punishment of 18 January 1996 for violation of the UCMJ, Article 86 - unauthorized absence from 16 November 1995 to 16 January 1996, Article 87 92 specifications) - miss ship's movement on 1 December 1995 and 7 December 1995, and Article 112A - wrongfully use marijuana on 13 November 1995.
960118:          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.
960118:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense and misconduct due to drug abuse (use).

960131:  BUPERS 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 960216 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 NDRB, under its responsibility to examine the propriety and equity of an applicant's discharge, will change the reason for discharge if such a change is warranted. The summary of service clearly documents that misconduct was the reason the applicant was discharged. No other Narrative Reason for Separation could more clearly describe why the applicant was discharged. To change the Narrative Reason Separation would be inappropriate.

The applicant requested that the reason for his discharge be changed to “entry level separation”. The NDRB, under its responsibility to examine the propriety and equity of a discharge, will change the reason for discharge if such a change is warranted. In order for a service member’s service to be characterized the length of service must be under six months.

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     


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