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NAVY | DRB | 1999_Navy | ND99-00668
Original file (ND99-00668.rtf) Auto-classification: Denied


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

ex-AR, USN
Docket No. ND99-00668

Applicant’s Request
The application for discharge review, received 990416, 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 000207. 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

 1. My discharge was improper due to the lack of naval support, I was an eighteen year old kid right out of High School who joined the navy hoping to be as sucessful as my Master Gunnery Sgt father was, however in Nov of 93 as I drove my motorcycle from Virginia Beach (Oceana) to Sarasota Fla, I was struck by a car. My arm had been broken and motorcycle was destroyed. I asked for naval support and red cross aid neither helped. I spent a day in the hospital in _____ was AWOL. I had called my command and they replyed it didn't matter if I came back in a day or ten as long as it wasn't over 30 days (deserter), I returned to my command fifteen day later once I could get enough money to buy a ticket back. I was forced to go to Court Martial were I was sentenced to 45 days in the Brig, being only 19 and totally devestated by the abandoment of family and friends, I just wanted out. So I filed for my release. I have now recently finished my Bachelors and would like to attend Medical School, however my current discharge won't allow me too.

 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: USN                        None
         Inactive: USNR            910814 - 920316  COG

 Period of Service Under Review :
Date of Enlistment: 920317               Date of Discharge: 930324

 Length of Service (years, months, days):

         Active: 01 00 08
         Inactive: None

 Age at Entry: 18                          Years Contracted: 8

Education Level: 12                        AFQT: 45

 Highest Rate: AA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.80 (1)    Behavior: 1.00 (1)                OTA: 2.80

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

Days of Unauthorized Absence: 27

 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 :

920317:  Ordered to active duty for 24 months under the Seaman Apprenticeship program.

921124:  Summary Court-Martial for violation of UCMJ, Article 86: Unauthorized absence 0800 921019 to 2200 921115 (27days/S), violation of UCMJ Article 92: Failure to obey a lawful order.
         Sent: Confinement for 27 days, forfeiture of $500 per month for 1 month.

930216:  NJP for violation of UCMJ, Article 112a: Wrongful use of a controlled substance (marijuana).
 Award: Forfeiture of $392 per month for 2 months, restriction and extra duty for 45 days, recommendation for ADSEP. No indication of appeal in the record.
930220:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
930220:          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.

930309:  Medical evaluation for drug abuse found the applicant to be a drug abuser, not drug dependent.

930310:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use)

930315:  BUPERS 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 930324 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 response to the applicant’s issue, the Board found the applicant’s statement “So I filed for my release” a misrepresentation of the facts. After reviewing the applicant’s service record, it is noted that the applicant was found guilty at Captain’s Mast of violating Article 112a: wrongful use of a controlled substance (marijuana). This was the reason the applicant was discharged, and the Board found his discharge both proper and equitable. Furthermore, the Board has no obligation to change the applicant’s discharge in order to allow him to attend medical school. Relief denied.
 Pertinent Regulation/Law (at time of discharge)

 A . Navy Military Personnel Manual, (NAVPERS 15560C), Change 5/93, effective 05 Mar 93 until 21 Jul 94, 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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