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NAVY | DRB | 1999_Navy | ND99-01090
Original file (ND99-01090.rtf) Auto-classification: Denied


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

ex-SA, USN
Docket No. ND99-01090

Applicant’s Request
The application for discharge review, received 990810, 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 000427. 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:
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     841003 - 841119  COG

 Period of Service Under Review :
Date of Enlistment: 841120               Date of Discharge: 861215

 Length of Service (years, months, days):

         Active: 02 00 26
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 25

 Highest Rate: SN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.30 (2)    Behavior: 2.90 (2)                OTA: 3.40

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR

Days of Unauthorized Absence: None

 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 :

860910:  Drug abuse screening/evaluation: Not dependent. Recommend command Level counseling and special urinalysis screening (2 x 4).

860910:  Medical evaluation for drug abuse found the applicant to be a drug abuser, not drug dependent.
861017:  Special Court-Martial.
         Charge I: violation of the UCMJ, Article 92:
         Specification: Failed to obey lawful order on 18SEP86.
         Charge II: violation of the UCMJ, Article 112A.
         Specification 1: Wrongfully used marijuana on 11AUG86.
         Specification 2: Wrongfully possessed marijuana on 10AUG86.
         Findings: to Charge I and II and specifications thereunder, guilty.
         Sentence: Confinement for 30 days, fine of $400.00, restriction for 45 months and. Concurrently, serve 45 days hard labor without confinement, reduction to SA.
         CA 861106: Sentence approved and ordered executed.

861028:  Drug and Alcohol Abuse Report: Marijuana abuse, Consent search in AUG86, less than monthly, ashore off duty. Medical officer determined applicant is not dependent and recommended Level I treatment. DAPA found applicant not dependent and recommended separate from service. Commanding officer recommended separate from service. Comments: SNM is considered to have no potential for further naval service. He tested positive on a consent search, and is being processed for admin separation due to drug abuse. SNM was awarded Special Court Martial on 17 October 1986. Charge I, violation of UCMJ, Art. 92: Violation of a lawful order. Charge II, violation of UCMJ, Art 112A Specification I: Wrongful use of marijuana on or about 9 August 1986. Specification II; Wrongful possession of 2.25 grams of marijuana on or about 10 August 1986. Awarded confinement at hard labor for 30 days, forfeiture of $400.00 for 3 months, reduction in rate to E-2 and restriction and extra duty for 45 days.
861110:  Applicant notified of intended recommendation for discharge under Other Than Honorable conditions by reason of misconduct due to Drug abuse as evidenced by a special court-martial conviction for failure to obey a lawful order, and the wrongful use and possession of marijuana, and three positive results for the wrongful use of cocaine obtained during command directed urinalysis.

861112:          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.
861113:  Commanding officer recommended discharge under Other Than Honorable conditions by reason of misconduct due to Drug abuse (Use).

861119:  CNP forwarded recommendation to Assistant Secretary of the Navy, Manpower and Reserve Affairs the applicant's discharge under Other Than Honorable conditions by reason of misconduct due to Drug abuse (Use).

861128:  Assistant Secretary of the Navy, Manpower and Reserve Affairs directed the applicant's discharge under Other Than Honorable conditions by reason of misconduct due to Drug abuse (Use).

861209:  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 861215 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. Relief denied.

 Pertinent Regulation/Law (at time of discharge)

 A. Navy Military Personnel Manual, (NAVPERS 15560), Change 4/85, effective
06 Oct 86 until 14 Dec 86, 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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