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NAVY | DRB | 1999_Navy | ND99-00784
Original file (ND99-00784.rtf) Auto-classification: Denied


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

ex-AGAN, USN
Docket No. ND99-00784

Applicant’s Request
The application for discharge review, received 990519, 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 000214. 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: GENERAL UNDER HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-146, formerly Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. The discharge was based on an isolated incident; an incident, although being unintentional, still could have been prevented w/ the proper chain of command since the date of discharge, I have received employment w/ the National Weather Service and feel my appeal should reflect my desire to take responsibility for my actions-past, present, and future.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copies of DD Form 214 (2)
Letter from Department of Commerce

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        930907 - 970213  HON
         Inactive: USNR (DEP)     930430 - 930906  COG

 Period of Service Under Review :
Date of Enlistment: 970214               Date of Discharge: 980715

 Length of Service (years, months, days):

         Active: 01 05 01
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 73

 Highest Rate: AG3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.00 (3)    Behavior: 4.00 (3)                OTA: 4.00

 Military Decorations: None

 Unit/Campaign/Service Awards: MUC, GCM, SASM, NDSM, SSDR(2), Flag Letter of Commendation

Days of Unauthorized Absence: None

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

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

 Chronological Listing of Significant Service Events :

970214:  Reenlisted at YOKOSUKA JAPAN for 4 years.

 970519:  NJP for violation of UCMJ, Article 86: Unauthorized absence, violation of UCMJ Article 91.
         Award: Forfeiture of $330 per month for 1 months, reduction to E-3 (suspended for 6 months). No indication of appeal in the record [Extracted from CO's message in case file].

971024:  Counseling warning [Extracted from CO's message in case file].

971124:  NJP for violation of UCMJ, Article 112a: Wrongful use marijuana.
         Award: Restriction and extra duty for 14 days, reduction to E-3. No indication of appeal in the record.

980615:  Applicant notified of intended recommendation for discharge general under honorable conditions by reason of misconduct due to commission of serious offense-drug abuse and pattern of misconduct [Extracted from case file].
980615:          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 [Extracted from case file].
980617:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse and pattern of misconduct.

980626:  Commander, Naval Air Warfare Center Aircraft Division, 22347 Cedar Point Road, Unit 6, Patuxent River, Maryland 20670-1161 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 980715 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).

Although the applicant states that his use of marijuana was isolated and could have been prevented with the proper chain of command. The NDRB found this issue without merit. Additionally, the NDRB found no impropriety of inequity in the applicant’s discharge. Relief not warranted.

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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