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NAVY | DRB | 1999_Navy | ND99-01013
Original file (ND99-01013.rtf) Auto-classification: Denied


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

ex-MS3, USN
Docket No. ND99-01013

Applicant’s Request
The application for discharge review, received 990721, 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 designate a 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, authority: NAVMILPERSMAN, Article 1910-146, formerly Article 3630620.

If appropriate add the following:
The NDRB did note an administrative error on the original DD Form 214. Block 25, Separation Authority, should read: "1910-146" vice "3630620". The original DD Form 214 should be corrected or reissued as appropriate.



PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues
1. My discharge was inequitable because it was based on one incident in 10 years with no other adverse action. I served ten years with no problem. I have received two Honorable discharges. If I had my way I would still be serving in the United States Navy PROUDLY!!

 2. I've never ever been in any trouble the whole time serving the USN (88OCT11 - 98JAN15). I truly believe that my discharge should be upgraded to Honorable.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214 (2 copies)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        901031 - 950504  HON
                                             881011 - 901030  HON
         Inactive: USNR            860815 - 881010  To Enlist USN
         Active: USNR              830815 - 860814  RELACDU (HON)

 Period of Service Under Review :
Date of Enlistment: 950505               Date of Discharge: 980115

 Length of Service (years, months, days):

         Active: 02 08 11
         Inactive: None

 Age at Entry: 33                          Years Contracted: 4

Education Level: 12                        AFQT: 88

 Highest Rate: MS2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.0 (1)     Behavior: 4.0 (1)                 OTA: 4.0 (4.0 Evals)
3.75 (4) 2.57 (4) 3.0 (5.0 Evals)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, NUC, JMUA(2), OSR(R), HSM, GCM(2)

Days of Unauthorized Absence: None

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-146, formerly 3630620.

 Chronological Listing of Significant Service Events :

950505:  Reenlisted for term of 4 years [Contract not in record, extracted from CO, NSA Memphis' ltr of 12 Dec 97.]
971113:  NJP for violation of UCMJ, Article 112a: wrongful use of a controlled substance.
         Award: Forfeiture of $850 per month for 2 months, restriction for 45 days (suspended for six months) and extra duties for 45 days, reduction to E-4. Appealed the reduction in rate, but the appeal was denied by CNET.
971202:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense as evidenced by violation of the UCMJ, Article 112a.
971203:  Branch Medical clinic: Positive urinalysis for cocaine OCT 97, social alcohol consumption. Not dependent, no treatment recommended.
971207:  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.
971212:  Commanding officer recommended discharge under other than honorable conditions by reason of commission of a serious offense as evidenced by violation of UCMJ, Article 112a, drug abuse (use). Commanding officer’s comments (verbatim): "MS3 (Applicant) has no potential for further active Naval service. I strongly recommend that she not be retained in the Naval service and that she be separated as soon as possible with an Other Than Honorable Discharge."

971220:  CNET 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 980115 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).

Responding to the applicant’s issues, she implies that a permissive doctrine exists whereby one in the military is allowed a “single misdeed”. The Board believes that the applicant is confusing this with the civilian world wherein some offenses are treated with leniency because they are a first time incident on an otherwise clear record. No such leniency exists in the military. The applicant is responsible for her actions and must accept the consequences of her misdeeds. The Board will not grant relief on the basis of this issue.

 Pertinent Regulation/Law (at time of discharge)

 A . The Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective 12 Dec 97 to 19 May 99, Article 1910-146 (formerly 3630620), Separation by Reason of Misconduct - 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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