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NAVY | DRB | 2000_Navy | ND00-00244
Original file (ND00-00244.rtf) Auto-classification: Denied


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

ex-GMMSN, USN
Docket No. ND00-00244

Applicant’s Request
The application for discharge review, received 991209, 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.

The NDRB did note an administrative error on the original DD Form 214. Block 12c, Net Active Service This Period should read: “01 07 18” vice “01 07 08”, Block 28, Narrative Reason for Separation should read: “Misconduct - Drug abuse (Use)” vice “MISCONDUCT-PATTERN OF MISCONDUCT-DRUG ABUSE”. The original DD Form 214 should be corrected or reissued as appropriate.


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:
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        811007 - 860105  HON
         Inactive: USNR (DEP)     810828 - 811006  COG
                  USNR (DEP)      860106 - 860305  COG

 Period of Service Under Review :
Date of Enlistment: 860306               Date of Discharge: 871023

 Length of Service (years, months, days):

         Active: 01 07 18
         Inactive: None

 Age at Entry: 25                          Years Contracted: 3

 Education Level: 12                        AFQT: 30

 Highest Rate: GMT3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.60 (3)    Behavior: 2.67 (3)                OTA: 2.60

 Military Decorations: None

 Unit/Campaign/Service Awards: Letter of Appreciation, SSDR (2), GCM

 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 :

870331:  Counseling: Advised of deficiency (Failure to successfully screen into the Personnel Reliability Program (PRP) as a result of stated reservations about working with or aboard nuclear weapon as you found them to be inherently "wrong". A subsequent recant of that statement leaves doubt as to your true beliefs and attitudes towards nuclear weapons duties. Inability to perform PRP duties is incompatible with your chosen rating.), notified of corrective actions and assistance available.

870514:  Applicant to unauthorized absence 0600-0627, 14May87 (27 minutes/surrendered).

870706:  Counseling: Advised of deficiency (substandard military performance and your failure to make positive progress towards Personnel Reliability Program (PRP) qualifications), notified of corrective actions and assistance available.

870810:  NAVDRUGLAB, Oakland, CA reported urine sample received 870731 tested positive for THC.
870824:  NJP for violation of UCMJ, Article 112A: Wrongfully use a habit forming narcotic drug, to wit: marijuana.
         Award: Forfeiture of $430 per month for 2 months, restriction and extra duty for 45 days, reduction to GMMSN. Appealed. Commanding officer ordered reduction of forfeiture to $530.00 for 1 month.
870903:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by NAVDRUGLAB Oakland, CA 102100Z AUG 87.
870908:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
870921:  Drug and Alcohol Abuse Report: Marijuana possession 1 to 3 times per month, January 1987 - September 1987, ashore off duty. Applicant determined not dependent and recommended separate from service. Self-referral September 1987. Commanding Officer's recommended separation. Comments: GMMSN (applicant) exhibits no potential for further naval service. The command intends to separate the member for involvement in drugs. NJP awarded Sep87.

871007:  Medical evaluation for drug abuse found the applicant to be a recreational drug abuser, not drug dependent

871009:  Commanding officer recommended discharge under honorable conditions (general) by reason of misconduct due to drug abuse (use).

871015:  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 871023 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 15560A), effective 15 Jun 87 until
10 Jan 89, 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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