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NAVY | DRB | 1999_Navy | ND99-00866
Original file (ND99-00866.rtf) Auto-classification: Denied


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

ex-MMFR, USN
Docket No. ND99-00866

Applicant’s Request
The application for discharge review, received 990609, 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 000411. 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 (applicant) was discharge from the military for failure in positive drug testing. During that time I was never consider to go to a rehabilitation center or classes. This was never suggested to me or any of my supervisors. And my conduct and work evaluation speak for their self, better than average. Thank you

 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                                 791113 - 830928  HON
         Inactive: USNR (DEP)              790815 - 791112  COG

 Period of Service Under Review :
Date of Enlistment: 830929               Date of Discharge: 850522

 Length of Service (years, months, days):

         Active: 01 07 24
         Inactive: None

 Age at Entry: 24                          Years Contracted: 6

 Education Level: 12      1/2               AFQT: 37

 Highest Rate: MM3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.67 (3)    Behavior: 3.33 (3)                OTA: 3.73

 Military Decorations: None

 Unit/Campaign/Service Awards: NEM, SSDR

 Days of Unauthorized Absence: None

 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 :

830929:  Applicant reenlisted for 6 years on the USS GRIDLEY (CG-21)

 840523:  Retention Warning: Advised of deficiency (Drug abuse as evidenced by random urinalysis.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

840608:  NJP for violation of UCMJ, Article 134: Wrongful use of marijuana, results of urinalysis test on 24May84.
         Award: Forfeiture of $250 per month for 2 months, restriction and extra duty for 45 days, reduction to MMFN. No indication of appeal in the record.
841005:  NJP for violation of UCMJ, Article 112A: Wrongful use of marijuana, results of urinalysis test on 14Sep84.
         Award: Forfeiture of $250 per month for 2 months, restriction and extra duty for 45 days, reduction to MMFA. No indication of appeal in the record.
850306:  NJP for violation of UCMJ, Article 112A: Wrongful use of a controlled substance, to wit: marijuana on 4Feb85.
         Award: Forfeiture of $300 per month for 2 months, restriction and extra duty for 45 days, reduction to MMFR. No indication of appeal in the record.
850312:  Substance Abuse Report: Marijuana abuse, less than monthly May 1985, ashore off duty, urinalysis February 1985. CAAC found applicant not dependent and recommended separation not via VA hospital. Commanding Officer recommended separation. Comments: Member has been an excellent worker which made conditions for rehabilitation appear exceptional. This being his third NJP for drugs in less than a year, however, indicates no apparent desire to change his pattern of abuse. Administrative separation processing in progress. NJP Results: 45 days restriction, 45 days extra duty, forf $300.00 for 2 months, reduction in rate, process for separation in accordance with OPNAVINST 5350.4.
850321:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
850321:          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.
850405:  Medical evaluation for drug abuse found the applicant to be a recreational drug abuser, not drug dependent. CAAC/NASAP probably minimally useful at this point, pt not motivated.

850413:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

850418:  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 850522 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 that the applicant evaluated as not drug dependent, and therefore no VA treatment is required. The applicant tested positive for marijuana three times and it was determined that he was unmotivated for rehabilitation. No relief will be granted based on this issue.

 Pertinent Regulation/Law (at time of discharge)

 A. Navy Military Personnel Manual, (NAVPERS 15560), Change 10/84, effective
17 Sep 84 until 15 Dec 85, 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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