Search Decisions

Decision Text

NAVY | DRB | 1999_Navy | ND99-01027
Original file (ND99-01027.rtf) Auto-classification: Denied


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

ex-ETSN, USN
Docket No. ND99-01027

Applicant’s Request
The application for discharge review, received 990727, 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 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.

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


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. My discharge is improper because during my two years of service I never was punished or charged with no other actions. Also before entering the service I told my recruiter of my problem, and he said "just say you tried it once". I never put my shipmates in danger. I was a well liked person by my shipmates. I hate that my boat is out to sea for an extended amount of time, so I can't send any statements from my LPO, CPO, & C.O. Please reconsider the discharge which I have been given. Thank you for your time.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Copy of Evaluation Report and Counseling Record for 97Mar01 to 97Jun03

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     960112 - 960314  ELS
                  USNR (DEP)      960318 - 960319  COG

 Period of Service Under Review :
Date of Enlistment: 960320               Date of Discharge: 980515

 Length of Service (years, months, days):

         Active: 02 01 26
         Inactive: None

 Age at Entry: 23                          Years Contracted: 4

 Education Level: 14                        AFQT: 48

 Highest Rate: ETSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (1)    Behavior: 4.00 (1)                OTA: 3.33        5.0 evals

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

 Chronological Listing of Significant Service Events :

980317:  NAVDRUGLAB, Jacksonville, FL reported urine sample received 980302 tested positive for Tetrahydrocannabinol.

980323:  NJP for violation of UCMJ, Article 112A: Wrongful use of marijuana.
         Award: Forfeiture of $500 per month for 2 months, reduction to ETSN. No indication of appeal in the record.
980325:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by CO's NJP on 23 March 1998 for violation of UCMJ Article 112a.
980326:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
980413:  Drug and Alcohol Abuse Report: Marijuana abuse, less than monthly, unit sweep urinalysis 980225, ashore off duty. Commanding officer recommended separate not via VA hospital. Comments: Found ETOH dependent. Declined treatment. Processing for separation.
980417:  Medical evaluation for drug abuse found the applicant to be psychologically ETOH and marijuana dependent. Recommend Level III treatment

980420:  Applicant informed was found to be alcohol dependent and declined treatment.
980814:  Commanding officer advised CNPC that discharge under other than honorable conditions by reason of misconduct due to drug abuse (use) was made on 15 May 1998.

980827:  CNPC noted discharge in correspondence record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 980525 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 issue states: “My discharge is improper because durning my two years of service I never was punished or charged with no other actions. Also before entering the service I told my recruiter of my problem, and he said "just say you tried it once". I never put my shipmates in danger. I was a well liked person by my shipmates. I hate that my boat is out to sea for an extended amount of time, so I can't send any statements from my LPO, CPO, & C.O. Please reconsider the discharge which I have been given. Thank you for your time.” The NDRB found the applicant’s NJP for wrongful use of marijuana and subsequent processing for discharge were proper, and the other than honorable discharge was equitable. Relief not warranted.

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     


Similar Decisions

  • NAVY | DRB | 2004_Navy | ND04-00852

    Original file (ND04-00852.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 (Member 1 and 4) PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USNR (DEP) 010119 - 010220 COG Active: None Period of Service Under Review :Date of Enlistment: 010221...

  • NAVY | DRB | 2004_Navy | ND04-01051

    Original file (ND04-01051.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general (under honorable conditions). I ask you to review the evidence and please change the conditions of my discharge.” 030109: Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse.

  • NAVY | DRB | 2002_Navy | ND02-00885

    Original file (ND02-00885.rtf) Auto-classification: Denied

    ND02-00885 Applicant’s Request The application for discharge review, received 020607, requested that the characterization of service on the discharge be changed to honorable. I am a law abiding citizen who just wants to improve my situation, please help me.After a review of the Former Service Members (FSM) DD Form 293 Application for the Naval Discharge Review Board of Discharge or Dismissal from the Armed Forces of the United States and all of the evidence assembled for review, we continue...

  • NAVY | DRB | 2003_Navy | ND03-01321

    Original file (ND03-01321.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB. The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-146, formerly Article 3630620.

  • NAVY | DRB | 2002_Navy | ND02-00678

    Original file (ND02-00678.rtf) Auto-classification: Denied

    The discharge shall remain: GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-146, formerly Article 3630620. At this time, the applicant has not provided such documentation for the Board to consider. You may view DoD Directive 1332.28 and other Decisional Documents by going online at " afls14.jag.af.mil ".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:

  • NAVY | DRB | 2000_Navy | ND00-01086

    Original file (ND00-01086.rtf) Auto-classification: Denied

    ND00-01086 Applicant’s Request The application for discharge review, received 000926, requested that the characterization of service on the discharge be changed to honorable or general/under honorable conditions. PART I - APPLICANT’S ISSUES AND DOCUMENTATION I felt that I was cheated out of this great opportunity by my chain of command.

  • NAVY | DRB | 2004_Navy | ND04-00934

    Original file (ND04-00934.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. Decision A documentary discharge review was conducted in Washington, D.C. on 20041103. 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).Issues 1-3: The Applicant states his discharge was based on one isolated incident in “46 months.” Despite a...

  • NAVY | DRB | 1999_Navy | ND99-00581

    Original file (ND99-00581.rtf) Auto-classification: Denied

    ND99-00581 Applicant’s Request The application for discharge review, received 990322, requested that the characterization of service on the discharge be changed to general/under honorable conditions. No indication of appeal in the record.980505: NJP for violation of UCMJ, Article 112a: wrongful use of a controlled substance.Award: Forfeiture of half a months pay per month for 2 month(s), restriction and extra duty for 45 days. After a thorough review of the records, supporting documents,...

  • NAVY | DRB | 2001_Navy | ND01-01195

    Original file (ND01-01195.rtf) Auto-classification: Denied

    ND01-01195 Applicant’s Request The application for discharge review, received 010920, requested that the characterization of service on the discharge be changed to general/under honorable conditions and the reason for the discharge be changed to at least RE-3 for Re-enlistment. 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...

  • NAVY | DRB | 2004_Navy | ND04-00397

    Original file (ND04-00397.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general (under honorable conditions) and the reason for the discharge be changed to “medical condition.” The Applicant requests a personal appearance discharge review before a traveling panel closest to Washington. Decision A documentary discharge review was conducted in Washington, D.C. on 200409010 After a thorough review of the records, supporting documents, facts, and circumstances...