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NAVY | DRB | 1999_Navy | ND99-00512
Original file (ND99-00512.rtf) Auto-classification: Denied


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

ex-SA, USN
Docket No. ND99-00512

Applicant’s Request
The application for discharge review, received 990301, requested that the characterization of service on the discharge be changed to honorable or general/under honorable conditions. The applicant requested a documentary record discharge review. The applicant did not list any representative on the DD Form 293.

Decisio n

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 – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. During my period of serving in the U.S. Navy I received a great deal of grief which has followed me all of my life which I feel I was greatly discriminated against which on Board my ship a lot of things happened to me such as almost Being murdered by Arion nation members which one night I was in many cases called a nigger and was attacked one night going to a club on base when a group of white individuals called me outside the club and told me they wanted to have one Individual to speak with me. I proceed out the club with a friend which ran and left me and they proceeded to try and run me over with a 1982 Montecarlo. Then about five individuals got out the car and proceeded to attempt to attack me I ran and beat on any bodies car, I could see that was black they got out of their cars and protected me they left. I proceeded back to the boat and told the duty officer what had accord and nothing was done about it from that point I was in a state of mental emotional disturbance I didn't care because word got back to the chief division leader and my life got worse because of him I whick KKK member cards were found on board and I knew I had to get away from the ship far. So I went home very depressed and indulged in marijuana. Other thing I was on duty back at lookout nobody told me to move to upper level the gun went off my ears were affected as well as mind and emotions. Many racial fights also much discrimination.

 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)     820331 - 821109  COG

 Period of Service Under Review :
Date of Enlistment: 821110               Date of Discharge: 860304

 Length of Service (years, months, days):

         Active: 03 03 25
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

 Education Level: 12                        AFQT: 22

 Highest Rate: SN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.40 (3)    Behavior: 2.53 (3)                OTA: 2.53

 Military Decorations: None

 Unit/Campaign/Service Awards: NEM, SSDR

 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 :

850830:  NJP for violation of UCMJ, Article 86: Unauthorized absence on 23 July 1985.
         Award: Forfeiture of $100 per month for 2 months, restriction and extra duty for 10 days. No indication of appeal in the record.
860116:  NJP for violation of UCMJ, Article 112A: Wrongful use of marijuana (use confirmed by urinalysis screening conducted 3Jan86).
         Award: Forfeiture of $358 per month for 2 months, restriction and extra duty for 45 days, reduction to SA. No indication of appeal in the record.
860203:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by drug abuse.
860203:          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.
860205:  Medical evaluation for drug abuse found the applicant to be a drug abuser, not drug dependent.

860207:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse.

860220:  CNMPC 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 860304 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’s issue alleges his misconduct was mitigated by a racially charged hostile work environment. The applicant provided no factual information to the NDRB to substantiate his allegations. The NDRB found the applicant was properly and equitably discharged for misconduct due to drug abuse. Relief not warranted.
 Pertinent Regulation/Law (at time of discharge)

 A. Navy Military Personnel Manual, (NAVPERS 15560), Change 10/85, effective
16 Dec 85 until 05 Oct 86, 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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