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NAVY | DRB | 1999_Navy | ND99-00949
Original file (ND99-00949.rtf) Auto-classification: Denied


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



ex-ADAA, USN
Docket No. ND99-00949

Applicant’s Request
The application for discharge review, received 990708, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a personal appearance hearing discharge review. The applicant listed AMERICAN LEGION as his representative on the DD Form 293.

Decision
A personal appearance discharge review was conducted in Washington, D.C. on 000315. 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 4 to 1 that the character of the discharge shall not change. The discharge shall remain: UNDER HONORABLE CONDITIONS (GENERAL)/Misconduct – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. (EQUITY ISSUE) As the documentary evidence of record supports, this former member opines that his post-service conduct has been sufficiently creditable to warrant the Board’s clemency relief as authorized under provisions of SECNAVINST 5420.174C, enclosure (1), paragraph 9.3.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of EMT Paramedic Exam results
 Copy of Associate of Applied Science Degree from Gaston College
Copy of National Registry of Emergency Medical Technician Certificate
Certificate of Recognition dtd 6 June 91
Certificate of Recognition for completion of EMT Intermediate class dtd 1 Jan 93
Letter of Reference from Paramedic Crew Chief dtd 29 Mar 95
Commendation for assisting at Special Olympics dtd 29 Apr 94
Letter of Recognition dtd 25 May 95
Letter of Commendation for assisting with Special Olympics
Letter of Commendation from Mecklenburg County EMS dtd 20 Jul 94
Letter of Selection as Crew Chief dtd 15 Nov 95
Letter of Reference from Mecklenburg County EMS dtd 6 Apr 95
Certificate of Appreciation dtd 22 Nov 99
Letter of Reference from Mrs. E____ dtd 28 Feb 00
Letter of Reference from Mr. E____ dtd 28 Feb 00
Gaston College Transcript
Copy of Governor's Award for Bravery and Heroism
Copy of Governor's Award for Bravery and Heroism Letter
Copies of Newspaper Articles (2)
Copy of Congratulation letter from Senator
Copy of Criminal Record Report
Copy of DD Form 214
Copies of Newspaper Article (2)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     890213 - 890604  COG

 Period of Service Under Review :
Date of Enlistment: 890605               Date of Discharge: 900731

 Length of Service (years, months, days):

         Active: 01 01 27
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 54

 Highest Rate: ADAN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NOB                  Behavior: NOB             OTA : NOB

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: None

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

UNDER HONORABLE CONDITIONS (GENERAL)/Misconduct – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

900125:  NJP for violation of UCMJ, Article 92: Failure to obey a lawful order.
         Award: Extra duty for 15 days, reduction to E-2. Reduction to E-2 suspended for 6 months. No indication of appeal in the record.

900125:  Retention Warning: Advised of deficiency (Disobeying a lawful written order), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

900604:  Applicant admits to use of marijuana four times while on Active Duty {Extracted from NIS report}.
900621:  NJP for violation of UCMJ, Article 112a: Wrongful use of marijuana.
         Award: Forfeiture of $406 per month for 2 months, restriction and extra duty for 45 days, reduction to E-2. No indication of appeal in the record.
         
900628:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense and drug abuse.
900628:          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.

900706:  Drug and Alcohol Dependency Evaluation indicates applicant is not ETOH/drug dependent.

900709:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense and drug abuse.

900718:  CNMPC directed the applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.
950710:  NDRB documentary record review Docket Number ND95-00940 conducted. Determination: Change to Under Honorable Conditions (General).

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 900731 under other than honorable conditions for misconduct due to commission of a serious offense (A and B). His discharge was upgraded to under honorable conditions (general) on 950710 during a documentary review by the NDRB. The Board presumed regularity in the conduct of governmental affairs (C). 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 (D and E).

In response to the applicant’s issue 1, the Board found that the applicant’s post-service conduct was not enough to outweigh the fact that the applicant had 2 NJP’s, both of which were court martiable offenses. The applicant admitted to using illegal drugs four times, that which he knew was a punishable offense. Although the applicant has made significant contributions to society and his community, his one year and one month in the Navy was not served under honorable conditions. No further relief will be granted.

 Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560A), Change 8, effective
21 Aug 89 until 14 Aug 91, Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – COMMISSION OF A SERIOUS OFFENSE.
B. Under the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Article [e.g., 92, failure to obey lawful order & 112a, wrongful use of marijuana] if adjudged at a Special or General Court-Martial.
C. 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.

D. 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.

E. 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, DC 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, DC 20374-5023       


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