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NAVY | DRB | 2000_Navy | ND00-00538
Original file (ND00-00538.rtf) Auto-classification: Denied


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

ex-EMFN, USN
Docket No. ND00-00538

Applicant’s Request
The application for discharge review, received 000323, 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 (verbatim)

 1. I faithfully served my country during a time of war. Afterward everyone celebrated. This was not a consistant way of life for me. The drug test was prior to the decommissioning of the Missouri. Thirty two other people were discharged in the same manner as me. Under normal circumstances a failed urine test would not be grounds for discharge. This was there way of avoiding have to relocate personnel upon decommissioning the Missouri. I am proud and have fond memories of my time in the service. I implore you to reconsider my discharge status. As a Gulf War Veteran I ask you to upgrade my status to honorable.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     871016 - 881006  COG

 Period of Service Under Review :
Date of Enlistment: 881007               Date of Discharge: 920304

 Length of Service (years, months, days):

         Active: 03 04 28
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 45

 Highest Rate: EM3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.16 (5)    Behavior: 3.12 (5)                OTA: 3.40

 Military Decorations: None

 Unit/Campaign/Service Awards: KLM, NUC, NAVY"E"RIBBON (2 ND ), CAR, SSDR, NDSM, SASM(w2b*)

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 :

900402:  NJP for violation of UCMJ, Article 90: Willfully disobeying a superior commissioned officer on 900222.
         Award: Restriction and extra duty for 21 days. No indication of appeal in the record.

920213:  NJP for violation of UCMJ, Article 112a: (2 Specs), Wrongful use of a controlled substance on or about 900405 until 920209, to wit marijuana and LSD.
         Award: Forfeiture of $500.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-3. No indication of appeal in the record.

920213:  Medical evaluation indicates applicant was found to be not physiologically or psychologically dependent on alcohol or drugs, drug use was recreational.
920213:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by Non-judicial Punishment on 920213.

920213:          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.
920219:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

920227:  BUPERS 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 920304 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 issue 1, the applicant stated that “t hirty two other people were discharged in the same manner as me. Under normal circumstances a failed urine test would not be grounds for discharge. This was there way of avoiding have to relocate personnel upon decommissioning the Missouri.” The Board found this issue to have no merit at all. For the applicant’s information, a failed urine test is grounds for a discharge. The Navy has a zero tolerance policy concerning the use of any illegal substances. For the applicant to claim that the Navy kicked out thirty-two people to avoid relocating them is absolutely ridiculous. Those service members were discharged for misconduct committed by them while in the Navy and for no other reason. Relief will not be granted concerning this issue.

 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. At this time, the applicant has not provided any documentation of good character and conduct. Therefore no relief will be granted. The applicant is encouraged to continue with his pursuits and is reminded that he is eligible for a personal appearance hearing provided the application is received within 15-years from the date of discharge.

Pertinent Regulation/Law (at time of discharge)

 A. Navy Military Personnel Manual, (NAVPERS 15560C), effective 15 Aug 91 until 04 Mar 93, 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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