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NAVY | DRB | 1999_Navy | ND99-00915
Original file (ND99-00915.rtf) Auto-classification: Denied


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

ex-AMH2, USN
Docket No. ND99-00915

Applicant’s Request
The application for discharge review, received 990624, 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 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 HONORABLE CONDITIONS (GENERAL)/ Misconduct – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of Report of Administrative Board
Copy of Report of Enlisted Performance Evaluation
Copies of Enlisted Performance Evaluation Reports (3)
Copy of Letter of Commendation
Copy of "GARUDA of the Month" Letter
 Copies of DD Form 214 (2)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
                  Inactive: USNR (DEP)     821113 – 821201  COG
                           USNR             810719 – 821112  COG
 Active: USN                        770718 - 810718  HON
                  

Period of Service Under Review :
Date of Enlistment: 821202               Date of Discharge: 860414

 Length of Service (years, months, days):

         Active: 03 04 13
         Inactive: None

 Age at Entry: 22                          Years Contracted: 4

Education Level: 12                        AFQT: 35

 Highest Rate: AMH2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.00 (5)    Behavior: 3.48 (5)                OTA: 3.76

 Military Decorations: None

 Unit/Campaign/Service Awards: MUC, NAVY"E"RIBBON, SSDR(3 RD )

Days of Unauthorized Absence: None

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

UNDER HONORABLE CONDITIONS (GENERAL)/Misconduct – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.

 Chronological Listing of Significant Service Events :

841011:  NAVDRUGLAB OAKLAND, CA urinalysis report indicates applicant tested positive for THC.

841020:  Retention Warning: Advised of deficiency (You are advised that your conduct reveals that you have committed one or more minor disciplinary actions in violation of the UCMJ for which you have received punishment under Article 15, UCMJ; or that you have been convicted of misdemeanor charges by civil courts on one or more occasions; or that you have committed a combination of offenses which resulted in punishment under Article 15, UCMJ, or one or more civil conviction), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

841020:  NJP for violation of UCMJ, Article 112a: Wrongfully use marijuana on or about 840915 to on or about 840925 (Based upon member's urine taken when he had been on leave or away from the military).
         Award: Forfeiture of $100 per month for 2 months, restriction and extra duty for 45 days, reduction to E-3 (suspended for 6 months). No indication of appeal in the record.

851016:  Civilian conviction at Island County, Washington District Court for driving under the influence of intoxicants.
         Sent: 365 days in jail (364 days suspended), $400.00 in fines and assessments, and suspension of driver's license.

851113:  Applicant notified of intended recommendation for discharge under Other Than Honorable conditions by reason of misconduct due to a Commission of a serious offense and misconduct due to drug abuse as evidenced by driving under the influence of intoxicants conviction by civilian authorities.
851126:          Applicant advised of his rights and having consulted with counsel certified under UCMJ, Article 27B, elected to appear before an Administrative Discharge Board.

851211:  Medical officer evaluation found the applicant not drug or alcohol dependent, recommend Level I Treatment.
860106:  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had committed misconduct due to drug abuse and commission of a serious offense, also recommended that the applicant be discharged from the Naval Service with the discharge being suspended for 12 months, with a characterization of discharge as General.

860128:  Commanding officer recommended discharge under Other Than Honorable conditions by reason of misconduct due to Commission of a serious offense and misconduct due to drug abuse. Commanding officer’s comments (verbatim): Late submission due to Unavailability of defense counsel while aboard ship, counsel obtained upon squadron's return to home base (2 weeks); Squadron change of command (1 week); Christmas holidays (1 week); heavy defense counsel schedule (1 week); and convening a new administrative board due to tape recorder malfunction (1 week). Petty Officer T__ has been a good worker, however, two substance abuse incidents with a twelve month period is unacceptable, especially for a second class petty officer. The original Administrative Board recommended an Other Than Honorable discharge, suspended for twelve months. Due to a tape recorder failure, they were unable to adequately reconstruct the board. The second Administrative Board was convened and recommended a general discharge, suspended for twelve months. Given the Navy's policy on drug and alcohol abuse and the "special trust and confidence" which is placed in second class officers, I strongly feel an other than honorable discharge is warranted in this case with a reenlistment code of RE-4. :

860305:  Commanding officer recommended discharge under Other Than Honorable conditions by reason of misconduct due to Commission of a serious offense and misconduct due to drug abuse.

860328:  CNMPC directed the applicant's discharge General under 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 860414 under Honorable conditions (General) 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).

The applicant introduced no decisional issues for consideration by the Board. Relief denied.

 Pertinent Regulation/Law (at time of discharge)

 A. Navy Military Personnel Manual, (NAVPERS 15560), Change 10/85, effective
16 Dec 85 until 05 Oct 86, 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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