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NAVY | DRB | 1999_Navy | ND99-00581
Original file (ND99-00581.rtf) Auto-classification: Denied


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

ex-SN, USN
Docket No. ND99-00581

Applicant’s Request
The application for discharge review, received 990322, 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, authority: NAVMILPERSMAN, Article 1910-146, formerly Article 3630620.



PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues
1.I B____ J_____[applicant] went AWOL from the US Navy, approximatle April 30, 1998 prior to a 6 month deployment to be with my family and my pregnant girlfriend. I did not want to go AWOL but because I didn’t have a Basic Military Requirement signed off yet, as did many others who were able to go home on leave prior to deployment, My Divisional LPO and Chief wouldn’t grant my request so I felt I had no other choice but to go AWOL, because I just wanted to spend some time with my family and my girlfriend before my ship deployed to the Persian Gulf because you never know if you’ll make it back safely or not, I know it was wrong but at the time it seemed right. After I returned to my command I was given a urinalysis and failed it tested positive for marijuana, and was later sent to Captain’s Mast for restriction and half pay for 45 days until separation but currently I came home and started searching for for employment, but not many employers want someone who has just been discharged from the service because of misconduct or an Other Than Honorable discharge but I finally found a job at a grocery store working from 1 – 7 a.m. nights trying to make money so when my son is born he’ll have a place to live, but making only $5.50 an hour is really tough trying to get a place, for me and my girlfriend, And I also still owe the NAVY over $1000.00 dollars which I can’t afford to pay because of my income, That is why I am respectfully requesting to have my discharge upgraded so I can get a better job to provide for my child and pay off the Navy of any debt I owe to them..

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Letter from applicant
Letter from Mr. H_____ dated 15 Sep 98
Letter of appreciation dated 25 Jul 97
Letter from Mr. G_____


PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     951133 - 961008  COG

 Period of Service Under Review :
Date of Enlistment: 961009               Date of Discharge: 980609

 Length of Service (years, months, days):

         Active: 01 08 00
         Inactive: None

 Age at Entry: 18                          Years Contracted: 3

Education Level: 12                        AFQT: NMF

 Highest Rate: SN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF                  Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: 19

 Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-146, formerly 3630620.

 Chronological Listing of Significant Service Events :

980330:  Applicant to unauthorized absence.

980417:  Applicant surrendered.


 980422:  NJP for violation of UCMJ, Article 86: unauthorized absence, violation of UCMJ Article 87: missing ship’s movement.
         Award: Forfeiture of half a months pay per month for 2 month(s), restriction and extra duty for 45 days, reduction in rank(suspended for 6 months). No indication of appeal in the record.

980505:  NJP for violation of UCMJ, Article 112a: wrongful use of a controlled substance.
Award: Forfeiture of half a months pay per month for 2 month(s), restriction and extra duty for 45 days. No indication of appeal in the record.
980505:  Reduction in rate suspended from CO’s NJP dated 980422

 No date:         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 CO’s NJP’s on 980422 and 980505.
No date:         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.
980604:  Commander, Destroyer Group 8 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 980609 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 Board found the applicant’s issues not germane to the propriety and equity of the applicant’s discharge. The Board further found there was nothing in the records, nor did the applicant provide anything to indicate or to show that there exists an error of fact, law, procedure, or discretion associated with his discharge at the time of issuance, and that his rights were prejudiced thereby. Relief denied.

Pertinent Regulation/Law (at time of discharge)

 A . The Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective 12 Dec 97 to 19 May 99, Article 1910-146 (formerly 3630620), Separation by Reason of Misconduct - 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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