Search Decisions

Decision Text

NAVY | DRB | 1999_Navy | ND99-01229
Original file (ND99-01229.rtf) Auto-classification: Denied


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

ex-SR, USNR
Docket No. ND99-01229

Applicant’s Request
The application for discharge review, received 990921, 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 list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000530. 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 (verbatim)

 1. Respectfully request upgrade to honorable discharge.

 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 of discharge):
         Active: None
         Inactive: None

 Period of Service Under Review :
Date of Enlistment: 861230               Date of Discharge: 890512

 Length of Service (years, months, days):

         Active: 02 04 13
         Inactive: None

 Age at Entry: 17                          Years Contracted: 8

 Education Level: 12                        AFQT: 71

 Highest Rate: SA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.50 (2)    Behavior: 2.80 (3)                OTA: 2.90

 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 – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.

 Chronological Listing of Significant Service Events :

890225:  NAVDRUGLAB, reports applicant's urine sample tested positive for THC.
890317:  NJP for violation of UCMJ, Article 112A: Wrongful use of a controlled substance.
         Award: Forfeiture of $349 per month for 2 months, restriction and extra duty for 45 days, reduction to SR. No indication of appeal in the record.
890331:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
890331:          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.
890413:  Drug Dependency evaluation: A: Admitted psychological dependence on marijuana. No clinical suggestion of physiological dependence.

890413:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

890428:  CNMPC directed the applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

890509:  Applicant did not elect treatment from VA.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 890512 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).

In the applicant’s issue 1, the Board found that the applicant was positive for THC and then went to NJP for wrongful use of a controlled substance. Members separated for drug abuse are normally discharged under other than honorable conditions. The Board finds the applicant’s discharge characterization equitable. No relief will be granted based on this issue.

 Pertinent Regulation/Law (at time of discharge)

 A. Navy Military Personnel Manual, (NAVPERS 15560A), Change 6, effective 11 Jan 89 until 13 Jun 90, 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 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:

                  Naval Council of Personnel Boards
                  Attn: Naval Discharge Review Board
                  720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023      


Similar Decisions

  • NAVY | DRB | 2001_Navy | ND01-00268

    Original file (ND01-00268.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Statement from applicant Copy of DD Form 214 Appointment of Veterans Service Organization as claimant's representative PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USNR (DEP) 870409 - 870415 COG Period of Service Under Review :Date of Enlistment: 870416 Date of Discharge: 890725 Length of...

  • NAVY | DRB | 2003_Navy | ND03-00555

    Original file (ND03-00555.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. No indication of appeal in the record.901116: Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse, misconduct due to commission of a serious offense and by reason of alcohol abuse rehabilitation failure.901116: Applicant advised of rights and having elected not to...

  • NAVY | DRB | 2001_Navy | ND01-00081

    Original file (ND01-00081.rtf) Auto-classification: Denied

    The applicant states in issue 1 that “ I am requesting this change in discharge because I feel strongly that the reason for my discharge should not be punished for life. I am asking that the board review my case and up grade my discharge.” The Board found that the applicant’s discharge characterization is not a punishment for life, but rather a characterization of her enlistment. Navy Military Personnel Manual, (NAVPERS 15560A), Change 11, effective 14 Jun 90 until 14 Aug 91, Article...

  • NAVY | DRB | 2001_Navy | ND01-00891

    Original file (ND01-00891.rtf) Auto-classification: Denied

    The Board voted four to one to change the discharge to: UNDER HONORABLE CONDITIONS (GENERAL)/ Misconduct – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620. Therefore, I strongly recommend that he be administratively separated from the naval service as soon as possible.880112: CNMPC directed the applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use). The Board determined the applicant’s post-service conduct has been...

  • NAVY | DRB | 1999_Navy | ND99-00722

    Original file (ND99-00722.rtf) Auto-classification: Denied

    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).In the applicant’s issue 1, the applicant implies that a permissive doctrine exists whereby one in the military is allowed a “single misdeed”. Navy Military Personnel Manual, (NAVPERS 15560C), Change 5/93, effective 05 Mar 93 until 21 Jul 94, Article 3630620, SEPARATION OF ENLISTED MEMBERS BY REASON OF MISCONDUCT...

  • NAVY | DRB | 2001_Navy | ND01-00535

    Original file (ND01-00535.rtf) Auto-classification: Denied

    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).In the applicant’s issue 1, the Board found that the applicant was awarded CO’s NJP on 2 separate occasions for violating a general regulation and wrongful use of a controlled substance. However, the Board is authorized to consider post-service factors in the recharacterization of a discharge (D). PART IV -...

  • NAVY | DRB | 1999_Navy | ND99-01047

    Original file (ND99-01047.rtf) Auto-classification: Denied

    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) 940720 - 941017 COG Period of Service Under Review :Date of Enlistment: 941018 Date of Discharge: 950920 Length of Service (years, months, days):Active: 00 11 03 (Does not exclude lost time) Inactive: None PART III –...

  • NAVY | DRB | 2002_Navy | ND02-00990

    Original file (ND02-00990.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant's DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USNR (DEP) 880512 - 880516 COG Active: None Period of Service Under Review :Date of Enlistment: 880517 Date of Discharge: 890804 Length of Service (years, months, days):Active: 01 02 16 Does not exclude lost time Inactive: None No...

  • NAVY | DRB | 1999_Navy | ND99-00680

    Original file (ND99-00680.rtf) Auto-classification: Denied

    Age at Entry: 18 Years Contracted: 4 (24 month extension) Education Level: 12 AFQT: 89 Highest Rate: SA Final Enlisted Performance Evaluation Averages (number of marks): Performance: NOB Behavior: 1.00 (1) OTA: 1.00 Military Decorations: None Unit/Campaign/Service Awards: None Days of Unauthorized Absence: 8 Character, Narrative Reason, and Authority of Discharge (at time of issuance):UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630620. PART III –...

  • NAVY | DRB | 2003_Navy | ND03-00630

    Original file (ND03-00630.rtf) Auto-classification: Denied

    Decision A documentary discharge review was conducted in Washington, D.C. on 20040128. Award: Forfeiture of ½ months pay for 2 months, restriction for 60 days, reduction to SR. No indication of appeal in the record.000922: Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.000922: Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to...