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NAVY | DRB | 2000_Navy | ND00-00474
Original file (ND00-00474.rtf) Auto-classification: Denied


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


ex-MSSR, USN
Docket No. ND00-00474

Applicant’s Request
The application for discharge review, received 000301, 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 000928. 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. When I was discharged from the Navy I turned my life around. I realize the error of my ways so I changed for the better. Then in 1989 my first child was born. I was glad I wasn't addicted to anything so I could provide a decent life for my daughter. Know I would like to wipe my past clean so she never knows of the bad things I did. I'll be undergoing surgery in a couple months and if I don't make it I would prefer her not to know of what happened in the navy. Thank you for your time.
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: USN                        None
          Inactive: USNR (DEP)     841119 - 841211  COG
Period of Service Under Review :
Date of Enlistment: 841212               Date of Discharge: 851022

 Length of Service (years, months, days):

         Active: 00 10 11
         Inactive: None

 Age at Entry: 17                          Years Contracted: 4

Education Level: 11                        AFQT: 62
Highest Rate: MSSA

 Final Enlisted Performance Evaluation Averages (number of marks):
Performance: 1.00 (1)    Behavior: 1.00 (1)                OTA: 1.00

 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 :

850401:  NJP for violation of UCMJ, Article 86: Unauthorized absence, violation of UCMJ Article 92: Disobeying a lawful order.
         Award: Forfeiture of $100.00 per month for 1 month (Forfeiture of $50.00 pay per month for 1 month suspended for 6 months), restricted to the confines of SERVSCOLCOM NTC SDIEGO CA for 7 days (Restriction for 3 days suspended for 6 months). No indication of appeal in the record.

850903:  NJP for violation of UCMJ, Article 134: Unauthorized use of liberty pass on 850815.
Award: Forfeiture of $50.00 per month for 1 months. No indication of appeal in the record.

 850903:  Retention Warning: Advised of deficiency (Conviction at Captain's Mast of the following violations of the Uniform Code of Military Justice: Article 134 (Wrongful use of authorized liberty pass), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
850906:  NJP for violation of UCMJ, Article 112a: Wrongful use of a controlled substance.
Award: Forfeiture of $310.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-1. No indication of appeal in the record.
850906:  Retention Warning: Advised of deficiency (Conviction at Captain's Mast of the following violations of the Uniform Code of Military Justice: Article 112a (Wrongful use of a controlled substance), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

850910:  Medical officer's overall evaluation for drug abuse indicates early psychological dependency on marijuana and regular use of alcohol, found not drug or alcohol dependent.
850927:  NJP for violation of UCMJ, Article 112a: Wrongful use of a controlled substance: (marijuana), violation of UCMJ Article 86: Failed to go to appointed place of duty 850913, 850914, and 850922.
Award: Forfeiture of $310.00 per month for 2 months, restriction and extra duty for 45 days. No indication of appeal in the record.
851004:  DAAR indicates medical officer found applicant dependent, not amenable, recommended Level I treatment.

 851004:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and misconduct due to drug abuse as evidenced by four NJP's violation of UCMJ Article 86, 92, 112a, and 134.
851004:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
851011:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to pattern of misconduct and misconduct due to drug abuse (use).

851016:  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 851022 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 response to the applicant’s issue wherein he states that he has “turned his life around”, there is no law or regulation that provides for the upgrade of an unfavorable discharge based solely on the passage of time or good conduct in the civilian life subsequent to leaving the Service. However, the Board is authorized to consider post-service factors in the recharacterization of a discharge (D). Those factors include, but are not limited to, the following: evidence of continuing educational pursuits (transcripts, diplomas, degrees, vocational-technical certificates), a verifiable employment record (Letter of Recommendation from boss), documentation of community service (letter from the activity/community group), certification of non-involvement with civil authorities (police records check) and proof of his not using drugs (detoxification certificate, AA meeting attendance or letter documenting participation in the program) in order for consideration for clemency based on post-service conduct. The applicant has not provided any documentation of good character and conduct. Therefore no relief will be granted. Unfortunately, the applicant is no longer eligible for a personal appearance hearing since the application would be received past 15-years from the date of discharge.

Pertinent Regulation/Law (at time of discharge)
A. Navy Military Personnel Manual, (NAVPERS 15560), Change 10/84, effective
17 Sep 84 until 15 Dec 85, 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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