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NAVY | DRB | 1999_Navy | ND99-01169
Original file (ND99-01169.rtf) Auto-classification: Denied


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

ex-FA, USN
Docket No. ND99-01169

Applicant’s Request
The application for discharge review, received 990831, 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. I entered the service at a very young age. I was very immature, I made some mistakes and I am sorry. While serving from 1992 to 1994, I became connected with the wrong group. During a urine test substance abuse was noted. I was given a other than honorable discharge, I made a mistake due to my young age. I am requesting that I be given another chance. Since being released from active duty I have adapted back into civilian life. I am currently attending college, married my childhood sweetheart, maintaining regular employment, supporting my family. I have no police or arrest record. This was attested to by three persons who have known me since released from active duty. Attached hereto are three character reference, Exhibits A, B, + C, Thanking you in advance for you consideration, for given me another chance, and I will be forever grateful.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Character Reference Letters (2)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     910724 - 920622  COG

 Period of Service Under Review :
Date of Enlistment: 920623               Date of Discharge: 941206

 Length of Service (years, months, days):

         Active: 02 04 09
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 73

 Highest Rate: FN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.80 (2)    Behavior: 2.20 (2)                OTA: 3 .10

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, BATTLE"E"AWARD, SSDR

Days of Unauthorized Absence: 28

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 :

930402:  UA from 930402 to 930418 (18days/S).

930429:  NJP for violation of UCMJ, Article 86: (5 Specifications), Without authority absent himself from his appointed place of duty, to wit: Mandatory Study, EW School, STPB Morning Muster on 930303, 930312, 930315, 930330 and 930402.
         Award: Forfeiture of $407.00 per month for 2 months ($238.00 pay per month for 2 months suspended for 6 months), restriction and extra duty for 45 days. No indication of appeal in the record.
941116:  NAVDRUGLAB JACKSONVILLE, FL urinalysis report indicates applicant tested positive for THC.

941117:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by your positive urinalysis testing and verbal statement.
941117:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

941122:  NJP for violation of UCMJ, Article 86: (3 Specifications), Spec 1: Absence without leave 911101-911102 (1day), Spec 2: Absence without leave 0645, 941103 to 0719, 941107 (4 days), Spec 3: Absence without leave 0730, 941113 to 0945, 941118 (5days/S), violation of UCMJ Article 112a: Wrongful use of marijuana, a schedule I controlled substance, violation of UCMJ Article 134: Break said restrictions.
Award: Forfeiture of $466.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-2. No indication of appeal in the record.
941122:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

941205:  BUPERS directed the applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).
941206:  Applicant declined in-patient treatment at VA Hospital.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 941206 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 Board found that the applicant’s age, education level, and test scores qualified him for enlistment. While he may feel his immaturity was a factor that contributed to his action, the record clearly reflects his willful disregard for the requirements of military discipline and demonstrated that he was unfit for further service. The record is devoid of evidence that the applicant was not responsible for his conduct or that he should not be held accountable for his actions. Relief not warranted.

The following is provided for the applicant’s edification. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge. The applicant must be aware that there is no law or regulation which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the service. Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question. Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, may be considered by the NDRB. The applicant is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. Representation at personal appearance hearing is highly recommended.


Pertinent Regulation/Law (at time of discharge)

 A . Navy Military Personnel Manual, (NAVPERS 15560C), Change 9/94, effective
22 Jul 94 until 02 Oct 96, 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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