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NAVY | DRB | 1999_Navy | ND99-01166
Original file (ND99-01166.rtf) Auto-classification: Denied


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

ex-FA, USN
Docket No. ND99-01166

Applicant’s Request
The application for discharge review, received 990830, 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 000522. 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 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. On my behalf, I would like to conclude with the following. I understand that the use of narcotics if frowned upon as well as illegal. That past instance was both the first and last instance that I have abused such a substance. At that time I was suffering from (2) disc herniations and an exacerbation of an old injury. Medically I did not feel competent to perform my duties on board but was told that I was not eligible for a medical discharge. I was told by rumor of the standard testing being performed shortly and decided to use this as a way of discharge. I understand that this was not an 'ethical way' or a 'right way' to acquire a discharge. At that time I was ignorant towards what I should have done. I apologize for any disgrace I showed upon the U.S.Navy as well as my fellow shipmates and commanding officers. I hope that my military records show that until that instance, I served with pride and to the best of my ability. Thank you for your consideration.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Copy of Citation from Commanding Officer
Copy of Evaluation Record & Counseling Report
Copies from Medical Record (2pgs)
Copy of NATO Award Certificate
Copy of Battle Efficiency Award Citation

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     940824 - 941011  COG

 Period of Service Under Review :
Date of Enlistment: 941012               Date of Discharge: 970616

 Length of Service (years, months, days):

         Active: 02 08 05
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 09                        AFQT: 61

 Highest Rate: FN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.00 (1)    Behavior: 1.00 (1)                OTA: 2.17

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, BATTLE"E"RIBBON, AFSM, SSDR, NATO Medal, JMUC, HSM

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 3630620.

 Chronological Listing of Significant Service Events :

970605:  NAVDRUGLAB JACKSONVILLE, FL, urinalysis report indicates applicant tested positive for THC.
970606:  NJP for violation of UCMJ, Article 112a: Wrongfully use marijuana from 970527 to 970605.
         Award: Forfeiture of $505.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-2. No indication of appeal in the record.
9706xxx:         Medical evaluation for drug and alcohol abuse found the applicant to be not drug or alcohol dependent.
970606:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by all punishments under the UCMJ in your current enlistment.
970606:          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.
970609:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

970612:  Commander, Amphibious Group TWO directed the applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).
970613:  Applicant declined inpatient treatment at VA facility.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 970616 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 NDRB found the applicant’s issue non decisional. His use of a controlled substance was clearly documented in his record. Additionally, the NDRB found that at the time of discharge the applicant was evaluated as being fit for separation. Relief is not warranted.

 Pertinent Regulation/Law (at time of discharge)

 A . Navy Military Personnel Manual, (NAVPERS 15560C), Change 14, effective
03 Oct 96 until 11 Dec 97, Article 3630620 SEPARATION OF ENLISTED PERSONNEL 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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