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NAVY | DRB | 2000_Navy | ND00-00429
Original file (ND00-00429.rtf) Auto-classification: Denied


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

ex-SA, USN
Docket No. ND00-00429

Applicant’s Request
The application for discharge review, received 000222, requested that the characterization of service on the discharge be changed to honorable entry level separation or uncharacterized. 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 000907. 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:
Employee Reference Letter from Chattanooga Fire Department
Background Investigation Reference Letter
Employment Recommendation Letter
Reference Letter from Lookout Valley Recreation Association
Copy of Certificate of Completion of Supervisory Training Program Unit 3
Copy of Certificate of Completion of Supervisory Training Program Unit 5
Copy of Certificate of Completion of Supervisory Training Program Unit 8
Copy of Certificate of Completion of Supervisory Training Program Unit 10
Copy of Marriage Certificate
Copy of Son's Birth Certificate
DD Form 214 (2)
Enlistment Classification Record
Copy of Enlisted Performance Record
Copy of Travel Certificate
Copy of Social Security Card
Copy of High School Diploma
Copy of CO's message
Copy of Notification of Separation (2pgs)
Copy of Statement of Awareness (2pgs)
Copy of Enlisted Performance Record
Copy of Memorandum from DAPA (clinical evaluation)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     871116 - 880209  COG

 Period of Service Under Review :
Date of Enlistment: 880210               Date of Discharge: 880715

 Length of Service (years, months, days):

         Active: 00 05 06
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4 (24 months extension)

 Education Level: 12                        AFQT: 67

 Highest Rate: SA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NOB                  Behavior: 2.60 (1)                OTA: NOB

 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 :

880606:  Drug dependency evaluation indicates applicant tested positive for THC/Codeine [EXTRACTED FROM CASE FILE].

880628:  Medical evaluation indicates drug abuse confirmed (applicant admitted abuse) marijuana only, found not drug dependent [EXTRACTED FROM CASE FILE].

880628:  NJP for violation of UCMJ, Article 112a: Wrongful use a controlled substance (marijuana).
         Award: Forfeiture of $335.00 per month for 2 months, restriction and extra duty for 30 days, reduction to E-1. No indication of appeal in the record [EXTRACTED FROM CO'S MESSAGE IN CASE FILE].
880629:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by the use of a controlled substance (marijuana) [EXTRACTED FROM CASE FILE].
880629:          Applicant advised of his rights and having elected not to consult 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 [EXTRACTED FROM CASE FILE].
880629:  Commanding officer recommended 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 880715 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 requested his discharge be changed to Honorable Entry Level Separation or Uncharacterized. The NDRB found that the applicant’s misconduct, specifically his use of drugs, was of such significance as to warrant an accurate characterization of service. The NDRB found the Other Than Honorable discharge proper and equitable. Relief is not warranted.

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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