Search Decisions

Decision Text

NAVY | DRB | 1999_Navy | ND99-00497
Original file (ND99-00497.rtf) Auto-classification: Denied


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

ex-SA, USN
Docket No. 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. 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 that the discharge was proper and equitable. The Board’s vote was 4 to 1 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 "MILPERSMAN 3630620" vice "MILPERSMAN 3630600", Block 26 Separation Code should read: “HKK” vice “JKK”. The original DD Form 214 should be corrected or reissued as appropriate.





PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. I should not have been discharged from the service when I disclosed voluntarily that I had smoked marijuana on the weekends a few times. I just felt bad about what I had done, and I wanted to talk to someone about -- sort of a reassurance that I was still a good person, and that quitting was the right thing. I was not physically or psychologically
addicted to any substance. I was taking the moral high ground - after a little slip.

2. I requested assistance and a little moral support, and I get kicked out! I felt bad about what I did. I want to serve God and my country -- and the military is a tradition to do this. I did not say what I did was right. I tried to make it right by revealing what I was struggling with. If I was your son or your daughter, would I merit the response I received? Would I merit getting discharged?

3. I am a good, hard working person. I am a college student, I get up and work everyday and I fulfill all my societal and citizenship obligations. I did not get "caught" in the service. I did not prevaricate or come up with excuses. I tried to break the ties with something wrong I did, and I got hammered by the letter of the law, when the spirit of what I was trying to do was ignored. Please adjust my discharge and change my reenlistment code and allow me to continue to serve in the U.S. Armed forces.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Copy of travel certificate
Five pages from applicant's service record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     921215 - 931019  COG

 Period of Service Under Review :
Date of Enlistment: 931020               Date of Discharge: 950227

 Length of Service (years, months, days):

         Active: 01 04 08
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 93

 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 :

950104:  Applicant voluntarily self referred for rehabilitation.

950105:  Medical evaluation for drug abuse found the applicant to be a drug abuser, not drug dependent.

950123:  Drug and Alcohol Abuse Report: Marijuana abuse, self referral/disclosure, ashore off duty. Medical recommended separate from service not via VA hospital. Physician found applicant not dependent and recommended separate not via VA hospital. Commanding officer recommended separate not via VA hospital.

950210:  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 4 January 1995.
950210:          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.
950216:  Commanding officer recommended discharge general (under honorable conditions) by reason of misconduct due to drug abuse (use). Commanding officer’s comments (verbatim): On 4 January 1995, SA (applicant) disclosed a drug problem and requested assistance for that problem from his departmental Drug and Alcohol Program Advisor. Pursuant to the guidelines in references (a) and (b). SA (applicant) meets the criteria for a valid self-referral. 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 Honorable Conditions.

950313:  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 950227 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).

In the applicant’s issue 1, the Board found the applicant was discharged properly per NAVMILPERSMAN, Article 3630620. According to the applicant’s Drug Abuse Interview conducted on 9 Jan 1995, the “little slip” the applicant refers to in his first issue was actually marijuana use 2-3 times a month for a period of approximately three months. NAVMILPERSMAN, Article 3630620 clearly states that in the case of voluntary self-referral, the characterization of the discharge is based on the applicant’s service record. Considering the applicant’s service record, the Board determined that the applicant’s drug use combined with his relatively short service made the General discharge he received equitable. Relief denied.

 Concerning a change in reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reentry into the naval service or any other of the Armed Forces. The NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy or Marine Corps. Reenlistment policy of the naval service is promulgated by the Bureau of Naval Personnel, Pers-282, 5720 Integrity Drive, Millington, TN 38055, and the Commandant, United States Marine Corps, Code MMPE5, Washington, DC 20380-3001. Neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to reenlistment. A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter. Relief, is therefore, denied.

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 | ND99-00481

    Original file (ND99-00481.rtf) Auto-classification: Denied

    950823: Drug and Alcohol Abuse Report: Marijuana abuse July 14, 1995, less than monthly, ashore off duty, self referral/disclosure. 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...

  • 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 | 2004_Navy | ND04-00286

    Original file (ND04-00286.rtf) Auto-classification: Denied

    ND04-00286 Applicant’s Request The application for discharge review was received on 20031203. The Applicant requests the reason for the discharge be changed to “End of Service (see attached documents).” The Applicant requests a documentary record discharge review. 951115: Applicant notified of intended recommendation for discharge by reason of misconduct due to drug abuse as evidenced by self–referral for drug abuse with the least favorable characterization of service as general (under...

  • NAVY | DRB | 2001_Navy | ND01-00512

    Original file (ND01-00512.rtf) Auto-classification: Denied

    The Naval Discharge Review Board (NDRB) also advised that the Board first conducts a documentary review prior to scheduling a personal appearance hearing. The discharge shall remain: GENERAL UNDER HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-146, formerly Article 3630620. Dear Sir: I am taking this time to write to you and ask you to review my case and upgrade my discharge, from General under honorable conditions to Honorable Discharge.The reason I was discharged...

  • 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 | 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 | 2002_Navy | ND02-00935

    Original file (ND02-00935.rtf) Auto-classification: Denied

    ND02-00935 Applicant’s Request The application for discharge review, received 020619, requested that the characterization of service on the discharge be changed to general/under honorable conditions. I did not expect to have any problems with my career decision and my family. Evidence of continuing educational pursuits, a positive employment record, documentation of community service, and certification of non-involvement with civil authorities are examples of verifiable documents that...

  • NAVY | DRB | 2000_Navy | ND00-00676

    Original file (ND00-00676.rtf) Auto-classification: Denied

    I am trying to get back into the service, attend college, straighten out my life, but for past two months I haven't gone far. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Letters from Applicant (2) Photograph Copies of DD Form 214 (2) PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: USN None Inactive: USNR (DEP) 990204 - 990217 COG Period of Service...

  • NAVY | DRB | 2003_Navy | ND03-00787

    Original file (ND03-00787.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the...