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NAVY | DRB | 1999_Navy | ND99-01253
Original file (ND99-01253.rtf) Auto-classification: Denied


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

ex-DSSN, USN
Docket No. ND99-01253

Applicant’s Request
The application for discharge review, received 990930, 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 000606. 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

 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:
Statement from applicant

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     871030 - 880801  COG

 Period of Service Under Review :
Date of Enlistment: 880802               Date of Discharge: 940705

 Length of Service (years, months, days):

         Active: 05 11 04
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4 (24 months extension)

 Education Level: 12                        AFQT: 75

 Highest Rate: DS3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.57 (6)    Behavior: 3.63 (6)                OTA: 3.50

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, GCM

 Days of Unauthorized Absence: 22

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 :

880803:  Applicant briefed upon and certified understanding of Navy's policy concerning illegal use of drugs.
890919:  Civil Conviction: Applicant arrested for DUI by South San Francisco Police Department on 89Sep19.
 Sentence: Fined $500.00 and NADSAP.
890925:  Retention Warning: Advised of deficiency (DUI arrest by South San Francisco Police Department on 19Sep89 [BAC 0.10].), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

891101:  NJP for violation of UCMJ, Article 134: Wrongfully and knowingly consume alcoholic beverages while under the legal minimum drinking age on 19Sep89.
         Award: Forfeiture of $150 per month for 1 month, reduction to DSSN. Reduction suspended for 6 months. No indication of appeal in the record.
891101:  Retention Warning: Advised of deficiency (Drinking under age.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

920629:  Applicant to unauthorized absence 0730, 29Jun92 due to incarceration and hospitalization as a result of vehicular accident on 27Jun92.

920721:  Applicant from unauthorized absence 1715, 22Jul92 (22 days/ surrendered). Lost time is incurred due to incident not in line of duty and due to applicant's misconduct.

921021:  Counseling: Advised of deficiency (concerning responsibilities of a U.S. Navy Petty Officer), notified of corrective actions and assistance available.

940526:  Drug and Alcohol Abuse Report: Amphetamines abuse, ashore off duty. Random urinalysis 29Apr94. Medical recommended separate not via VA hospital. Physician found applicant not dependent and recommended separate not via VA hospital. Commanding officer recommended separate not via VA hospital. Comments: DS3 (applicant) tested positive for Methamphetamines/THC at NDSL San Diego 162025Z May 94, DS3 (applicant) is a 25 year old male with 5 years 9 months service. Summary of DAPA evaluation indicates member is an average performer with no potential for further service and is not eligible for treatment. Medical evaluation indicated member is not dependent on Methamphetamines or THC. Commanding Officers determination is to process for separation. Member declined VA treatment.

940526:  NJP for violation of UCMJ, Article 112A: Wrongfully use marijuana and methamphetamine on 29Apr94.
         Award: Forfeiture of $552 per month for 2 months, restriction and extra duty for 45 days, reduction to DSSN. No indication of appeal in the record.
940520:  Medical evaluation for drug abuse found the applicant not dependent on methamphetamine or THC No treatment needed

940528:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by all incidents of drug abuse during your current enlistment.
940601:          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.

940602:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

940614:  BUPERS 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 940705 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.

 Pertinent Regulation/Law (at time of discharge)

 A . 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 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      


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