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NAVY | DRB | 1999_Navy | ND99-00595
Original file (ND99-00595.rtf) Auto-classification: Denied


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

ex-DA, USN
Docket No. ND99-00595

Applicant’s Request
The application for discharge review, received 990329, requested that the characterization of service on the discharge be changed to honorable. 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. I believe my discharge was improper because of a prior incident in which UCMJ article 86 was brought against me (04 Oct 83) under false pretense by DTCH M.A.H_____, I have the statement he sent to LCDR M_____ which was concocked in my presence in his office. I at least got a copy of which he was not going to let me have, see the attached statement its his finale version, however there is only one thing true on it, which is I don't want you here if you don't feel good. Everything else is a crock. I called in a 7:45am 04 Oct 83 I said I was sick he said he didn't want me there, I told him I could get a ride into sick call he said just stay home, so I did the next day I came in & was wrote up for being AWOL for 24 hours. I requested a meeting with Master Chief H_____ he put me off for days when he did finally see me he kept me in his office for hours writing & rewriting this statement I did what I was told. I went to mast with someone who had a positive for marijuana test. We ultimately got the same punishment. So I was ferious with the Master Chief & the C.O he did not see I just received meritorious mast received a strip. So I told the CO if the only punishment was $600 & a strip I wide as while go smoke a joint. I did, they pulled command sweep. Ultimatley discharged other than honorable, I believe I would be retiring from the Navy about now if this injustice never occurred. And as far as charter it has grown in bundles since this time in my life.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Letter to President
Volunteer Letter
Progress Reports (6)
Statement from DTCM H_____ to LCDR M_____
Captain Mast
Enlisted Performance Record
Performance Evaluation (2pgs)
Letter for Appreciation
Enlisted Reference Letter
Reference Letter from Supervisor
Reference Letter from Captain T______
Performance Evaluation (2pgs)
Performance Evaluation
Performance Evaluation
Copy of DD Form 214
 Certificate of Completion from Professional Dental Enterprise
Letter from Congressman P___ S______
Letter from Silicon Valley College Medical Advisory Board
Copy of DD Form 214
        

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     800610 - 800918  COG

 Period of Service Under Review :
Date of Enlistment: 800919               Date of Discharge: 840330

 Length of Service (years, months, days):

         Active: 03 06 12
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 67

 Highest Rate: DN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.85 (4)    Behavior: 3.03 (6)                OTA: 3.48

 Military Decorations: None

 Unit/Campaign/Service Awards: MUC

Days of Unauthorized Absence: 1

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 :

821123:  NJP for violation of UCMJ, Article 91: Assault on a noncommissioned officer by kicking her and biting her on thumb, violation of UCMJ Article 134: Drunk and disorderly.
         Award: Forfeiture of $352.35 per month for 2 months, reduction to E-2. No indication of appeal in the record.
831017:  NJP for violation of UCMJ, Article 86: Without authority absent herself from her appointed place of duty, to wit: NAVDENCLINIC CAMPEN CA from 0715, 831003 to 0715, 831004.
Award: Forfeiture of $250.00 per month for 1 month, extra duty for 10 days, reduction to E-2 (suspended for 6 months). No indication of appeal in the record.
840130:  Medical evaluation found no physiological signs of addiction; Diagnosis: Psychologically dependent; Prognosis: poor, member not amenable to counseling/education/rehabilitation.

840224:  NJP for violation of UCMJ, Article 134: Knowingly and wrongfully use marijuana on or about 840104.
Award: Forfeiture of $300.00 per month for 2 months, extra duty for 10 days, reduction to E-2 . No indication of appeal in the record.
840308:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by the illegal or wrongful use or possession of a controlled substance {Extracted from CO's message}.
840308:          Applicant advised of her rights and having elected 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 and the right to submit statement on own behalf either verbally or in writing before an administrative board {Extracted from CO's message.
840308:  Substance Abuse Report indicated applicant is drug dependent {Extracted from CO's message}.
840313:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

840322:  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 840330 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 no merit in the applicant’s claim that the discharge was improper due to a charge “under false pretense.” The applicant was discharged with an other than honorable for misconduct due to drug abuse. She could have been dual processed for misconduct due to commission of a serious offense based on her assault charges and her drug related incidents. Additionally, she could have been processed for misconduct-pattern of misconduct for having 3 NJPs. One drug incident is enough to warrant an other than honorable discharge. The applicant was positive for marijuana, cocaine and morphine in addition to her 3 non-judicial punishments. Relief is denied.

 Pertinent Regulation/Law (at time of discharge)

 A. Navy Military Personnel Manual, (NAVPERS 15560), Change 10/82, effective 07 Jan 83 until 27 Apr 83), 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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