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NAVY | DRB | 1999_Navy | ND99-00980
Original file (ND99-00980.rtf) Auto-classification: Denied


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

ex-ENFA, USN
Docket No. ND99-00980

Applicant’s Request
The application for discharge review, received 990713, 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 OTHER THAN HONORABLE CONDITIONS/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:
None

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     800822 - 830301  COG

 Period of Service Under Review :
Date of Enlistment: 810302               Date of Discharge: 841025

 Length of Service (years, months, days):

         Active: 03 07 24
         Inactive: None

 Age at Entry: 17                          Years Contracted: 4

Education Level: 8                         AFQT: 50

 Highest Rate: ENFN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.53 (3)    Behavior: 3.50 (4)                OTA: 3.60

 Military Decorations: None

 Unit/Campaign/Service Awards: SSR, NUC, AFEM, NEM, HSM

Days of Unauthorized Absence: 1

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 :

830225:  NJP for violation of UCMJ, Article 92: Dereliction of duty, violation of UCMJ Article 86: Unauthorized absence from 0700, 830216 to 0700, 830217 (1day/S).
         Award: Restriction to USS BARNSTABLE COUNTY (LST-1197) for 3 days, extra duty for 4 days. No indication of appeal in the record.

831231:  Substance Abuse Report: indicates applicant is not dependent, not eligible, recommended separation not via VA Hospital. Commanding Officer's action : ENFN L____ was riding in a vehicle belonging to a civilian. He denies any use of marijuana and command UA tests were negative. NJP'S Art 86. Civil Charges: Possesssion two marijuana cigarettes. ENFN L____'s claim when the police officer searched him there was no evidence found. Evidence was found in the vehicle and upon arraigment in court, evidence could not be presented to charge him with possession, but his sentence was 1 year probation. ENFN L_____ has excellent potential for further naval service.

840309:  NJP for violation of UCMJ, Article 86: UA from appointed place of duty.
         Award: Forfeiture of $50.00 per month for 1 month, reduction to E-3 (suspended for 4 months). No indication of appeal in the record.

8400713:         NJP for violation of UCMJ, Article 134: Use of a controlled substance, to wit: marijuana.
         Award: Forfeiture of $250.00 per month for 2 months, restriction and extra duty for 30 days, reduction to E-3. No indication of appeal in the record.

840720:  Retention Warning: Advised of deficiency (Since entering the Navy, you have had to appear at CO's NJP three time; twice within the last year; the last being for drug abuse. These incidents of conduct were unbecoming of a member of the naval service. In light of your misconduct of drug abuse, you have violated a serious Article of the Uniform Code of Military Justice which constitutes mandatory processing for an administrative discharge), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

840726:  Substance Abuse Report: indicates drug dependency not determined by medical officer, is amenable and eligible for treatment, recommend Level I Treatment.
841004:  NJP for violation of UCMJ, Article 134: Use of a controlled substance, to wit: marijuana.
         Award: Restriction and extra duty for 30 days, reduction to E-2, and administrative discharge. No indication of appeal in the record.
841005:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by two punishments under UCMJ Article 134, Use of controlled substance, to wit: marijuana.
841005:          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.
841013:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

841018:  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 841025 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 introduced no decisional issues for consideration by the Board.

 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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