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NAVY | DRB | 2000_Navy | ND00-00283
Original file (ND00-00283.rtf) Auto-classification: Denied


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

ex-ETSA(SW), USN
Docket No. ND00-00283

Applicant’s Request
The application for discharge review, received 000103, 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 980810. 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 25, Separation Authority should read: “NAVMILPERSMAN, Article 3630620” vice “BUPERSMAN 3620620”. The original DD Form 214 should be corrected or reissued as appropriate.





PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1. I served from Jul89 - Feb93 with no short comings. I largely attribute my offenses to stress caused from arriving at a new duty station with significant family problems combined with dispersing errors. I respectfully request this be taken into account.

 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: USNR (DEP)     890718 - 890726  COG

 Period of Service Under Review :
Date of Enlistment: 890727               Date of Discharge: 930630

 Length of Service (years, months, days):

         Active: 03 11 04
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4 (24 months extension)

 Education Level: 12                        AFQT: 79

 Highest Rate: ET3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.70 (2)    Behavior: 3.70 (2)                OTA: 3.80

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SSDR, JMUA (2), BEA, USCGSOSR, ESWS

 Days of Unauthorized Absence: 72

 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 :

890825:  Drug and Alcohol Abuse Report: Marijuana abuse, less than monthly, ashore off duty, service directed urinalysis 890727. DAPA found applicant not dependent and recommended Level I treatment. Commanding officer recommended Level I treatment. Comments: Applicant tested positive for THC in the accession pipeline urinalysis.

930222:  Applicant to unauthorized absence, 0700, 22Feb93.

930324:  Applicant declared a deserter.

930419:  Applicant apprehended by civilian authorities 1400, 19Apr93 in Hartford, CT. Returned to military control 2005, 19Apr93 (56 days)

930510:  NJP for violation of UCMJ, Article XX.
         Award: Reduction to ETSN. No indication of appeal in the record. No further information found in service record. [Extracted from CO's message dated 1Jun93.]

930517:  NJP for violation of UCMJ, Article XX.
         Award: Reduction to ETSA. No indication of appeal in the record. No further information found in service record. [Extracted from CO's message dated 1Jun93.]
930529:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse. [Extracted from CO's message dated 1Jun93.]
930531:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights. Applicant did not object to separation. [Extracted from CO's message dated 1Jun93.]
930601:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use). Commanding officer’s comments (verbatim): Request that ETSA (applicant) be administratively separated from the naval service in the interest of good order and discipline. Member has personal and behavioral problems that interfere with his ability to perform as a productive member of the Navy. Recommend that the characterization of this separation be other than honorable with a reenlistment code of RE-4.

930611:  Psychiatric evaluation: Dx: 1. ETOH dependence, 2. cannabis abuse, 3. Personality Disorder-NOS with borderline and immature ____. Recommend DAPA encourage Level III if retained, if separate rehab through the VA should be offered. Patient considered competent and is fully responsible for himself and his actions.

930614:  Applicant to unauthorized absence.

930625:  BUPERS directed the applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

930630:  Applicant discharged in absentia.


PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW


Discussion

The applicant was discharged on 930630 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 nothing in the records nor did the applicant submit any supporting documentation that showed that his personal problems were of sufficient magnitude that they could not be resolved through standard military channels or by the applicant’s chain of command. In fact, the Board found that the applicant’s age, education, test scores, prior service, promotions and awards were sufficient to qualify him for enlistment. The Board will not grant relief on the basis of this issue.

 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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