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NAVY | DRB | 2000_Navy | ND00-00524
Original file (ND00-00524.rtf) Auto-classification: Denied


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

ex-SM2, USN
Docket No. ND00-00524

Applicant’s Request
The application for discharge review, received 000320, 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 001005. 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. My discharge was inequitable because it was based on incidents which where isolated to a very small time period in which I strayed due to extreme family stress after 120 months of dedicate military service.

 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                        770630 - 810209  HON
                  USN                       810210 - 840208  HON
         Inactive: USNR (DEP)     None

 Period of Service Under Review :
Date of Enlistment: 840209               Date of Discharge: 860226

 Length of Service (years, months, days):

         Active: 02 00 18
         Inactive: None

 Age at Entry: 18                          Years Contracted: 6

 Education Level: 12                        AFQT: 60

 Highest Rate: SM1

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.25 (4)    Behavior: 3.25 (4)                OTA: 3.8

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR

Days of Unauthorized Absence: 53

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 :

840209:  Reenlisted at Naval Weapon Station Earle, Colts Necks, NJ for 6 years.

850205:  NJP for violation of UCMJ, Article 112a: Knowingly and
          wrongfully use marijuana, a schedule I controlled substance between 841002 to 841102.
         Award: Forfeiture of $250.00 per month for 2 month. No indication of appeal in the record.
850728:  Substance Abuse Report indicates applicant is dependent. Commanding Officer action: (Positive retention potential, retain onboard, second incident; warning made, documentation not made, security clearance not changed, member has excellent potential for further Naval Service. This is technically his second incident but the first incident was never properly documented at previous command).

860120:  Report of Declaration of Deserter (NAVPERS 1600-3). Applicant declared a deserter on 860105 having been an unauthorized absentee since 0645, 851205 from USS BROOKE (FFG-1).

860131:  Retention Warning: Advised of deficiency (Substance abuse based on your self referral in July 1985 which initiated a bed in the Navy Rehabilitation Center that you failed to show up for and your period of unauthorized absence from 0645, 851205 to 1843, 860128), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

860131:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 0645, 851205 to 1843, 810128 [53days/S].
         Award: Forfeiture of $550.00 per month for 2 months, reduction to E-5. No indication of appeal in the record

860201:  Report of Return of Deserter. Applicant surrendered to military authorities on 860128 (1843). Returned to military control 860128 (1843). Retained onboard for disciplinary action.

860211:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse and misconduct due to commission of a serious offense.
860211:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
860214:  Substance Abuse Report indicates applicant is drug dependent. Commanding Officer's action: (Negative retention potential; processing for separation, third incident, documentation made, security clearance not changed, not eligible for PRP assignment, member has poor potential for further service, member failed to report to NDRC treatment and was absent without authority for 53 days. M ember does not want treatment.
860220:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse and commission of a serious offense.

860225:  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 860226 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: “My discharge was inequitable because it was based on incidents which where isolated to a very small time period in which I strayed due to extreme family stress after 120 months of dedicate military service.” The applicant’s service record clearly documents his misconduct (Drug Use and Unauthorized Absence for 53 Days) in his last enlistment. Both offenses are considered serious offenses and warrant a punitive discharge if convicted at court martial. The NDRB found the other than honorable discharge proper and equitable. Relief is denied.
Pertinent Regulation/Law (at time of discharge)

 A. Navy Military Personnel Manual, (NAVPERS 15560), Change 10/85, effective
16 Dec 85 until 05 Oct 86, 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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