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NAVY | DRB | 1999_Navy | ND99-00572
Original file (ND99-00572.rtf) Auto-classification: Denied


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

ex-BTFN, USN
Docket No. ND99-00572

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 000110. 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. I believe the discharge I received is too harsh for the rule I violated. I had over three years of excellent military service which I believe is supported by my record and the documents I have attached. I tested positive for marijuana use on one random drug screen and the discharge action was bases on that single incident. That single incident is not “me”, I have led a productive civilian life.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Letter of Commendation from CO, USS Fort Fisher (LSD 40) dtd 16 Dec 85
Letter of Recommendation from BT2 W_____, USN
Letter of Recommendation from BT2 L_____, USN
Letter of Recommendation from BTC S_____ and LTjg G_____, USN
Letter of Recommendation from Mr. ______, HRO, The Little Tikes Corporation

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     821112 - 830613  COG

 Period of Service Under Review :
Date of Enlistment: 830614               Date of Discharge: 860629

 Length of Service (years, months, days):

         Active: 03 00 16
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4 (24 months extension)

 Education Level: 12                        AFQT: 59

 Highest Rate: BT3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.66 (3)    Behavior: 3.40 (3)                OTA: 3.60

 Military Decorations: None

 Unit/Campaign/Service Awards: BER, 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 :

850218:  NJP for violation of UCMJ, Article 128: Assault.
Award: Restriction and extra duty for 45 days, reduction to E-3. No indication of appeal in the record.
850603:  Retention Warning: Advised of deficiency (1 st NJP concerning violation of UCMJ), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

860521:  NJP for violation of UCMJ, Article 112a: Wrongful use of a controlled substance, to wit: marijuana.
         Award: Forfeiture of $250 per month for 2 months, restriction and extra duty for 45 days, reduction to E-3. No indication of appeal in the record.

860605:  Medical evaluation for drug abuse found the applicant to be a drug abuser, not drug dependent. Recommend Level I treatment and urinalysis monitoring program.

860621:  CNMPC directed the applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

Discharge package missing from service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 860629 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 had 2 non-judicial punishments, for assault and marijuana useage. The Board disagrees with the applicant’s statement that his discharge was “too harsh.” Normally, an other than honorable characterization is given for positive drug useage. The applicant had drug useage, an assault charge and average grades. No relief will be granted on the basis of this issue.

 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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