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NAVY | DRB | 1999_Navy | ND99-00526
Original file (ND99-00526.rtf) Auto-classification: Denied


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

ex-ENFN, USN
Docket No. ND99-00526

Applicant’s Request
The application for discharge review, received 990303, requested that the characterization of service on the discharge be changed to general/under honorable conditions. The applicant requested a documentary record discharge review. The applicant did not designate a 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, 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.

The NDRB did note an administrative error on the original DD Form 214. Block 24, Character of Service, should read: "UNDER OTHER THAN HONORABLE CONDITIONS" vice "OTHER THAN HONORABLE", Block 25, Separation Authority, should read: "3630620" vice "3610240", and Block 28, Narrative Reason for Separation, should read: “Misconduct - Drug Abuse (Use)” vice “DISCHARGED DUE TO MISCONDUCT (DRUG USE)”, and. The original DD Form 214 should be corrected or reissued as appropriate. Additionally, member's NAVPERS 1070/615 (Record of Discharge From the U.S. Navy Reserve should be corrected to reflect a discharge date of "4 DEC 90" vice "24 JUN 92" for purpose of reentry U.S. Navy.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank.

Documentation
Only the service and medical record was considered, as the applicant did not provide additional documentation.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USNR              870429 - 881228  RELACDU
 USNR             840626 - 841005  RELACDUTRA
 Inactive: USNR            841006 - 870428  To Report ACDU
                   USNR             881229 - 901204  To Enlist USN
                  USNR (DEP)      901205 - 910106  COG

 Period of Service Under Review :
Date of Enlistment: 910107               Date of Discharge: 930625

 Length of Service (years, months, days):

         Active: 02 05 19
         Inactive: None

 Age at Entry: 23                          Years Contracted: 4

Education Level: 10                        AFQT: 49

 Highest Rate: EN3 (E-4)

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.9 (2)     Behavior: 3.8 (2)                 OTA: 3.9

 Military Decorations: None

 Unit/Campaign/Service Awards: NUC, CAR, KLM, NDM, SWASM (3 Bronze Stars), SSDR (3), JMUA

 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 :

901204:  Applicant acknowledged understanding of the Navy's Drug & Alcohol Abuse policy.
930506:  NJP for violation of UCMJ, Article 112A: wrongful use of controlled substance.
         Award: Forfeiture of $541 per month for 2 months, restriction and extra duty for 45 days, reduction to E-3. No indication of appeal in the record.
930507:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
930510:  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. Applicant did not object to separation.
930518:  Commanding officer recommended discharge by reason of misconduct due to drug abuse (use). Commanding officer’s comments (verbatim): "Although an outstanding sailor and exceptional worker, Fireman (Applicant) has been found guilty of drug abuse. He has no potential for further naval service. He is not capable of conforming to the rules and regulations of this ship and the Navy and is simply unwilling to conduct himself in a manner within the standards of good order and discipline. His conduct falls with the parameters of reference (a) (MILPERSMAN 3630620) and discharge is warranted."
930520:  Medical evaluation: Positive urinalysis for THC. Admits to one time use. Does not appear to be a problem but should b e offered CAAC screen and Level III on discharge (per VA) if desired.

930611:  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 930625 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, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).

The applicant introduced no decisional issues for consideration by the Board.

 Pertinent Regulation/Law (at time of discharge)

 A . Navy Military Personnel Manual, (NAVPERS 15560C), Change 5/93, effective 05 Mar 93 until 21 Jul 94, 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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