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NAVY | DRB | 1999_Navy | ND99-00571
Original file (ND99-00571.rtf) Auto-classification: Denied


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

ex-AAA, USN
Docket No. ND99-00571

Applicant’s Request
The application for discharge review, received 990318, 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 list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000104. 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 (verbatim)

 1. My service record is not bad enough to warrant an OTH discharge. I know people with far worse discrepancies in their file + received a general or honorable discharge. This is the reason for my request to at least a general discharge. Thank you.

 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)     820812 - 820818  COG

 Period of Service Under Review :
Date of Enlistment: 820819               Date of Discharge: 840806

 Length of Service (years, months, days):

         Active: 01 11 19
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 93

 Highest Rate: PNSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.70 (3)    Behavior: 2.93 (3)                OTA: 3.26

 Military Decorations: None

 Unit/Campaign/Service Awards: None

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 :

820820:  Applicant signed drug abuse statement of understanding.

831202:  Summary Court Martial
Charge I: violation of the UCMJ, Article 134, 2 Specifications.
          Specification 1: Possess some amount of amphetamine on or about 83Sep05.
         Specification 2: Distribute some amount of methamphetamine on or about 83Sep05.
         Findings: to Charge I and specifications 1 and 2 thereunder, guilty.
         Sentence: CHL for 30 days and forfeiture of $445 per month for 1 month.
         CA 831214: Sentence approved and ordered executed.

831223:  Applicant released from confinement and returned to full duty.

840209:  Summary Court Martial nullified by higher authority.

840315:  NJP for violation of UCMJ, Article 92: Violation of general regulation, to wit: enter a naval station in a motor vehicle with an open container of alcoholic beverage on or about 84Feb25. Violation of UCMJ Article 92: Violation of general regulation, to wit: Possess a concealed and deadly weapon under the seat of his car on or about 84Feb25. Violation of UCMJ Article 134: Wrongfully possess marijuana on or about 84Feb25.
Award: Forfeiture of $275 per month for 2 months, restriction and extra duty for 45 days, reduction to E-2. No indication of appeal in the record.
840315:  Retention Warning: Advised of deficiency (Wrongful use and possess marijuana, violation of lawful reg by entering naval station with an open container of alcoholic beverage.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

840518:  Applicant tested positive for cocaine in command after care program.

840524:  Applicant makes signed statement admitting he purchased and used cocaine.

840608:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse and misconduct due to commission of a serious offense as evidenced by NJP of 840315.
840608:          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.
840613:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

840618:  Substance Abuse Report: Cocaine abuse, 1-3 times (5/84). Medical evaluation for drug abuse found the applicant to be a drug abuser, not drug dependent. Recommend separate, not via VA hospital. Commanding Officer recommends separate from service based on 2 nd incident.

840705:  CNMPC sends MSG to USS FOX stating no further action is contemplated based on page 13 entry.

840706:  USS FOX requests reconsideration of discharge request based on applicant violating page 13 counseling/discharge warning in drug aftercare program.

840803:  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 840806 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).

In the applicant’s issue 1, the Board found that the applicant admitted to using drugs on more than one occasion. The characterization is normally under other than honorable conditions for drug abuse, which was known to be illegal to the applicant. No relief will be granted based on this issue.

 Pertinent Regulation/Law (at time of discharge)

 A. Navy Military Personnel Manual, (NAVPERS 15560), Change 4/84, effective
25 Apr 84 until 16 Sep 84, 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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