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NAVY | DRB | 2000_Navy | ND00-00374
Original file (ND00-00374.rtf) Auto-classification: Denied


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

ex-BTFN, USN
Docket No. ND00-00374

Applicant’s Request
The application for discharge review, received 000201, 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 000824. 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

 1. During my fifteen years of service, I truly regret the mistake that I made. This infraction has made me realize, that the decisions we make in life need to be well thought through. As the consequences can effect our future. My mistake has hampered me from gaining any type of Government employment.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Character Reference Letters (4).
Employment Reference Letter
Copies of DD Form 214 (4)
Statement to Congressman U____

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        741002 - 780619  HON
                  USN                       780620 - 820512  HON
                  USN                       820513 - 840503  HON
         Inactive: USNR (DEP)     None

 Period of Service Under Review :
Date of Enlistment: 840504               Date of Discharge: 891006

 Length of Service (years, months, days):

         Active: 05 05 03
         Inactive: None

 Age at Entry: 23                          Years Contracted: 6

 Education Level: 12                        AFQT: 51

 Highest Rate: BT1

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.96 (5)    Behavior: 3.76 (6)                OTA: 3.70

 Military Decorations: None

 Unit/Campaign/Service Awards: GCA (3), SSDRwb*, NAVY"E"RIBBON

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 :

890627:  NAVDRUGLAB JACKSONVILLE, FL urinalysis report indicates applicant urine received on 890612 tested positive for cocaine.
890705:  NJP for violation of UCMJ, Article 112a: Wrongfully used a controlled substance (cocaine) on or about the period of 890509 to 890609 at an unspecified location.
         Award: Reduction to E-2. No indication of appeal in the record.
890706:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by positive urinalysis.
890707:          Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.

890718:  Drug and Alcohol Evaluation determined applicant alcohol dependent based upon blackouts, increased tolerance to alcohol, inability to abstain from alcohol, violence while intoxicated, binge drinking, family difficulties stemming from his alcohol abuse, using alcohol knowing it causes other problems, use of alcohol interfering with responsibilities or safety, and family history of alcoholism.

 890728:  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had committed misconduct due to drug abuse, that the misconduct warranted separation, and recommended discharge under other than honorable conditions.

890814:  Medical evaluation for drug abuse found the applicant to be a drug abuser, not drug dependent.
890822:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

890925:  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 891006 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’s issue states: “During my fifteen years of service, I truly regret the mistake that I made. This infraction has made me realize, that the decisions we make in life need to be well thought through. As the consequences can effect our future. My mistake has hampered me from gaining any type of Government employment.” The NDRB respects the applicant’s remorse for his misconduct while on active duty but found the negative aspects of his service outweighed the positive in determining the proper characterization of discharge. The NDRB considered the applicant’s relative seniority along with the severity of the drug use (cocaine) in the issued discharge and found the discharge proper and equitable. Relief is not warranted.

 The following is provided for the applicant’s edification. The NDRB is authorized to consider post-service factors in the re characterization of a discharge. The applicant must be aware that there is no law or regulation which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the service. Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question. Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, may be considered by the NDRB. The applicant is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. Documentation to support the applicant’s sobriety, community service and police records are highly recommended. Representation at personal appearance hearing is also highly recommended.










Pertinent Regulation/Law (at time of discharge)

 A. Navy Military Personnel Manual, (NAVPERS 15560A), Change 6, effective 11 Jan 89 until 13 Jun 90, 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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