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NAVY | DRB | 1999_Navy | ND99-00637
Original file (ND99-00637.rtf) Auto-classification: Denied


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

ex-FR, USNR
Docket No. ND99-00637

Applicant’s Request
The application for discharge review, received 990408, 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 000201. 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, authority: NAVMILPERSMAN, Article 3630620.
PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. I wish to have my discharge up graded from other than honorable conditions. I am now going to church regularly. I have a clear understanding what I want to do in life. I want to attend college to complete my education. I wish to be a good citizen. I have also been employed for the whole time that I have been out the service.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
2 Copies of DD Form 214
Letter of Reference from R_ L. P_, Retired high school teacher dtd Aug 30, 1998
Letter of Reference from S_ K_ L_, NCCU School of Business dtd Aug 19, 1998
Letter of Reference from C_ B. W_, High School teacher dtd Sep 7, 1998

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: None

 Period of Service Under Review :
Date of Enlistment: 960528               Date of Discharge: 970707

 Length of Service (years, months, days):

         Active: 00 09 20
         Inactive: 00 03 19

 Age at Entry: 19                          Years Contracted: 8

 Education Level: 12                        AFQT: 38

 Highest Rate: FR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NOB                  Behavior: 2.0 (1)                 OTA: 2.0

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: 28

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT - Drug Abuse, authority: NAVMILPERSMAN, Article 3630620.

 Chronological Listing of Significant Service Events :

960918:  Commenced active duty for 3 years under the Fireman Apprenticeship Program.

970331:  NAVDRUGLAB, Great Lakes report: Sample received on 3MAR97 and found positive for marijuana.

970411:  NAVDRUGLAB, Great Lakes report: Sample received on 24MAR97 and found positive for marijuana.
970421:  Unauthorized absence from NATTC Pensacola, FL.

970519:  Surrendered onboard NATTC Pensacola, FL (28 days/S).

970522:  NJP for violation of UCMJ, Article 86: unauthorized absence; violation of UCMJ Article 112a (2 specs): wrongful use of a controlled substance.
         Award: Forfeiture of $400 per month for 2 months, restriction for 60 days, reduction to E-1. No indication of appeal in the record.

970602:  DAAR: Unit sweep urinalysis, positive for marijuana , screened by CAAC, determined dependent by physician, amenable and eligible for counseling and rehabilitation, no potential for further service and recommend separate via VA hospital.
970602:  Naval Hospital Pensacola Alcohol Treatment Facility Evaluation: Applicant evaluated by a Licensed Independent Practitioner and diagnosed alcohol dependence and cannabis dependence. Recommend attend two AA and NA meetings per week until transfer for treatment.
970613:  Applicant was offered but refused treatment for alcohol/substance abuse.

 970613:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by all incidents of drug abuse in your current enlistment.
970613:  Applicant advised of his rights, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.
970618:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use). Commanding officer’s comments (verbatim): "Fireman Recruit (Applicant) was identified through urinalysis testing as a drug abuser. In my opinion, he has no potential for future active honorable naval service; therefore, I recommend separation with a discharge under Other Than Honorable conditions by reason of misconduct due to drug abuse."

970625:  CNET 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 970707 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 there is no law or regulation that provides for the upgrade of an unfavorable discharge based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the Service. However, the Board is authorized to consider post-service factors in the recharacterization of a discharge (D). Those factors include, but are not limited to, the following: evidence of continuing educational pursuits (transcripts, diplomas, degrees, vocational-technical certificates), a verifiable employment record (Letter of Recommendation from boss), documentation of community service (letter from the activity/community group), certification of non-involvement with civil authorities (police records check) and proof of his not using drugs (detoxification certificate, AA meeting attendance or letter documenting participation in the program) in order for consideration for clemency based on post-service conduct. At this time, the applicant has not provided any documentation of good character and conduct. Therefore no relief will be granted. The applicant is encouraged to continue with his pursuits and is reminded that he is eligible for a personal appearance hearing provided the application is received within 15-years from the date of discharge.

 Pertinent Regulation/Law (at time of discharge)

 A . Navy Military Personnel Manual, (NAVPERS 15560C), Change 14, effective
03 Oct 96 until 11 Dec 97, Article 3630620 SEPARATION OF ENLISTED PERSONNEL 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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