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NAVY | DRB | 1999_Navy | ND99-00948
Original file (ND99-00948.rtf) Auto-classification: Denied


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

ex-STGSN, USN
Docket No. ND99-00948

Applicant’s Request
The application for discharge review, received 990707, 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 000331. 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, authority: NAVMILPERSMAN, Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. My discharge was based on one incident. During my eight and 1/2 years of exemplary service, as evident by my service record evaluations, I performed my duties as a Sonar Technician consistent with the high standards of the Navy. I am very proud of my time spent in the Navy leading up to the incident. I must live with the fact that I destroyed a promising career.

As a result of only one incident I am requesting that my discharge be upgraded to General Under Honorable Conditions.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Enlisted Performance Evaluation Reports for: 87Jul01 to 88May06, 89Jun15 to 89Aug25, 89Aug26 to 90Mar31 (3 copies), 90Apr01 to 91Mar31 (3 copies), 91Apr01 to 91Dec16 (2 copies), 92Jan27 to 93Jan29
Enlisted Performance Record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        850923 - 910919  HON
         Inactive: USNR (DEP)     850613 - 850922  COG

 Period of Service Under Review :
Date of Enlistment: 910920               Date of Discharge: 940601

 Length of Service (years, months, days):

         Active: 02 08 12
         Inactive: None

 Age at Entry: 25                          Years Contracted: 4

 Education Level: 12                        AFQT: 66

 Highest Rate: STG2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.00 (2)    Behavior: 4.00 (2)                OTA: 4.00

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, NRSSR, GCM

 Days of Unauthorized Absence: 2

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

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

 Chronological Listing of Significant Service Events :

940119:  Applicant to unauthorized absence 0730, 19Jan94.

940121:  Applicant from unauthorized absence 1930, 21Jan94 (2 days/surrendered).

940201:  Substance Abuse/Dependency Screen: A: Substance dependency. P: Level III program.

940204:  Drug and Alcohol Abuse Report: Amphetamines abuse, January 31, 1994, ashore off duty. Random urinalysis. Physician found applicant not dependent and recommended separate not via VA hospital. Commanding officer recommended separate not via VA hospital.

940209:  NJP for violation of UCMJ, Article 112A: Wrongfully use methamphetamines on 17Dec93.
         Award: Forfeiture of $500 per month for 2 months, restriction and extra duty for 45 days, reduction to STG3. No indication of appeal in the record.
940216:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by all drug incidents in your current enlistment.
940228:          Applicant advised of his rights and having consulted 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.

940228:  Applicant does not desire to participate in drug abuse rehabilitation program.

940503:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

940520:  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 940601 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).
The applicant’s first issue states: “My discharge was based on one incident. During my eight and 1/2 years of exemplary service, as evident by my service record evaluations, I performed my duties as a Sonar Technician consistent with the high standards of the Navy. I am very proud of my time spent in the Navy leading up to the incident. I must live with the fact that I destroyed a promising career.” The NDRB found that the characterization of other than honorable was equitable for the applicant’s wrongful use of controlled substance. The applicant provided no post service considerations for the NDRB to consider. Relief not warranted.

 The applicants second issue states: “As a result of only one incident I am requesting that my discharge be upgraded to General Under Honorable Conditions.” The NDRB found that the applicant’s service was considered at the time of discharge. The applicant offered no post service considerations for the Board to consider. Relief not warranted.

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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