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NAVY | DRB | 2000_Navy | ND00-00130
Original file (ND00-00130.rtf) Auto-classification: Denied


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

ex-YNSR, USNR
Docket No. ND00-00130

Applicant’s Request
The application for discharge review, received 991102, 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 000727. 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:
Statement from applicant
Character reference dated July 29, 1999
Copy of DD Form 214

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: 820202               Date of Discharge: 850815

 Length of Service (years, months, days):

         Active: 03 06 14
         Inactive: None

 Age at Entry: 19                          Years Contracted: 6

 Education Level: 12 1/2                    AFQT: 33

 Highest Rate: YNSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.48 (5)    Behavior: 3.23 (6)                OTA: 3.48

 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 :

841004:  NJP for violation of UCMJ, Article 112A: Wrongfully use marijuana on 30Aug84, as evidenced by a positive urinalysis test.
         Award: Forfeiture of $334 per month for 2 months, restriction and extra duty for 30 days, reduction to YNSA. No indication of appeal in the record.
841015:  Substance Abuse Report: Marijuana abuse Sep84, less than monthly, ashore off duty. Urinalysis Sep84. SAC found applicant not dependent and recommended Level I treatment. Commanding officer recommended retain and refer to NASAP/NDSAP, Level I. Comments: First incident, received NJP, has very good potential for future military service.

850510:  NAVDRUGLAB, Norfolk, VA reports urine sample received 850502 tested positive for THC.
850621:  Summary Court-Martial.
         Charge I: violation of the UCMJ, Article 92.
         Specification: Dereliction of duty.
         Charge II: violation of the UCMJ, Article 134 (2 specs).
         Specifications: Altering of official message traffic and soliciting another to commit an offense.
         Finding: to Charge I and II and the specifications thereunder, guilty.
         Sentence: Forfeiture of $206.00, confinement for 30 days (mitigated to 60 days restriction), reduced to YNSR.
         CA action 000000: Sentence approved and ordered executed except for that portion of the punishment adjudging forfeiture of $000.00 which is suspended for 3 months. [Extracted from CO's message dated 29Jul85.]
850710:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by NJP for wrongful use of marijuana on 30 Aug 1984 and a positive urinalysis for marijuana on 2 May 1985 while participating in the aftercare program. A summary courts-martial was held on 21 June 1985 on applicant for altering the message from the Navy Drug Lab with the results from the urinalysis held on 2 May 1985.
850717:  Drug and Alcohol Abuse Report: Marijuana use, less than monthly May 1985, ashore off duty. Fitness for duty urinalysis May 1985. SAC determined the applicant is not dependent and recommended separation. Commanding officer recommended separation. Comments: Second incident, applicant identified through aftercare urinalysis testing. She attempted to alter documents of her positive test results. Summary courts martial imposed for Article 134, public record altering and soliciting another to commit an offense. Awarded reduction to E-1, forfeiture of 1/3 pay per month for one month and confinement which was mitigated to 60 days restriction. Potential for future military service poor, separation recommended.
850723:          Applicant advised of his rights and having consulted 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.
850724:  Medical evaluation for drug abuse found the applicant to be a drug abuser, not drug dependent.

850725:  NJP for violation of UCMJ, Article 92: Failure to obey order or regulation on 19Jul85, to wit: participate in physical training which is required by restricted personnel.
         Award: Forfeiture of $50 per month for 1 month. Forfeiture of $25.00 for 1 month suspended for 1 month. No indication of appeal in the record.
850729:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

850808:  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 850815 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 15560), Change 10/84, effective
17 Sep 84 until 15 Dec 85, 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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