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NAVY | DRB | 2000_Navy | ND00-00225
Original file (ND00-00225.rtf) Auto-classification: Denied


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

ex-BMSA, USN
Docket No. ND00-00225

Applicant’s Request
The application for discharge review, received 991203, 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 000803. 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. I would like to upgrade my discharge status. I received an OTH, 2 nd enlistment. I have a prior Honorable Discharge. I am not at all proud of what I did. I know that the Navy's policy is 0 tolerance. I want you to consider my prior service. I have no previous incidents. I'm asking for an upgrade to an Honorable Discharge to reinstate an acceptable re-entry in case I might want to join the reserves.

2. I would appreciate if I could received my ribbon and medal for service in Gulf War 1990-1991.


 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214 (2 copies)
Copy of Discharge Certificate dated August 17, 1990
Copy of Certification of Military Service dated September 23, 1998
Job/character reference dated October 20, 1998
Memorandum to applicant dated May 19, 1995
Job/character reference dated November 26, 1997
Job reference dated September 8, 1998
Job reference dated December 15, 1999
Diploma for Medical Assistant dated September 27, 1996
Copy of Official Grade Transcript dated October 21, 1996
Copy of Honor Roll Certificate dated September 27, 1996
Copy of applicant's resume

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USNR              870706 - 900816  HON
         Inactive: None

 Period of Service Under Review :
Date of Enlistment: 900817               Date of Discharge: 920114

 Length of Service (years, months, days):

         Active: 01 04 28
         Inactive: None

 Age at Entry: 22                          Years Contracted: 2

 Education Level: 12                        AFQT: 43

 Highest Rate: BM3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (4)    Behavior: 3.05 (4)                OTA: 3.05

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SASM, GCM, SSDR (2), NUC

 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 :

911210:  NJP for violation of UCMJ, Article 86: Unauthorized absence.
         Award: Forfeiture of $200 per month for 2 months, restriction and extra duty for 14 days, reduction to BMSN. Reduction suspended for 6 months. No indication of appeal in the record.
911219:  NAVDRUGLAB, Jacksonville, FL reports urine sample received 12Dec91 tested positive for cocaine.
911220:  Vacate suspended reduction to BMSN awarded at CO's NJP of 10Dec91 due to continued misconduct.
911221:  NJP for violation of UCMJ, Article 112A: Wrongful use, possession of controlled substance.
         Award: Forfeiture of $550 per month for 2 months, reduction to BMSA. No indication of appeal in the record.
911221:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by testing positive for cocaine on a command random urinalysis screening on 6 December 1991.
911223:          Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to waive all rights.
920106:  Medical evaluation for drug abuse found the applicant to be a drug abuser, not drug dependent.

920110:  BUPERS directed the applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use). [Extracted from DD Form 214.]

920113:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use). [Changed 91 to 92 (NMPC-8322 date stamp has “JAN21 1992”)].

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 920114 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 had 2 NJPs, one of which was a wrongful use of a controlled substance. The applicant’s issue is consideration of “my prior service” and the fact that he had no “previous incidents.” Unfortunately, the applicant’s misconduct outweighs any positive contributions he had while in the service. The discharge characterization only includes this enlistment and previous enlistments have no bearing on the characterization. Therefore the Board finds this discharge equitable and will not grant relief based on these issues.

The applicant’s issue 2 is a non-decisional issue.

 Pertinent Regulation/Law (at time of discharge)

 A. Navy Military Personnel Manual, (NAVPERS 15560C), effective 15 Aug 91 until 04 Mar 93, 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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