Search Decisions

Decision Text

NAVY | DRB | 2000_Navy | ND00-00671
Original file (ND00-00671.rtf) Auto-classification: Denied


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

ex-YNSR, USN
Docket No. ND00-00671

Applicant’s Request
The application for discharge review, received 000428, 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 001121. 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. To whom it may concern: I M_____ H___ am a former Navy Veteran, who was discharged from Active Duty because of positive drug test on several urinalysis that were taken. I admit I had a problem in the past. but God has changed my life. It has been six years, since I have used any drugs or alcohol. I realized that drugs do not solve your problems, it only makes them worst. I have a beautiful wife and four wonderful children who play a significant part of my everyday life. I am a Active Deacon of New Beginning Christian Church, In which through the Gospel of Jesus Christ, I see lives of all races, and colors being transformed. I want to take the time out, and thank the United States Navy, for the training and education that was provided for me while I was on Active Duty. This not only gave me the discipline I need, but also the training. Through the power of God I &now can enjoy a peace of mind, that does not come through the abundance of things you posses, nor does It come through drugs. I know that God is real, because I tried to stop smoking Marijuana numerous of times but failed. As a part of the New Beginning Christian Church, In which this was truly a new beginning for me. play a vital role in the feeding the homeless, visiting people that are sick, and assisting in the preaching the Gospel to the poor and people who feel like there is no hope. I am a full time employee at Ceco Door Products, where I operate one of the top machines in the Manufacturing of Steel Door Frames. I M___ H___, apologize to the Unites States Navy and respectfully request a change of my discharge to an Honorable Discharge.

 Documentation
In addition to the service record, a partial discharge package, 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            870929 - 880106  COG

 Period of Service Under Review :
Date of Enlistment: 880107               Date of Discharge: 900504

 Length of Service (years, months, days):

         Active: 02 03 28
         Inactive: 00 03 07

 Age at Entry: 20                          Years Contracted: 8

Education Level: 12                        AFQT: 32

 Highest Rate: YNSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.26 (3)    Behavior: 2.75 (4)                OTA: 3.13

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR

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 :

880107:  Ordered to active duty for 36 months under the Active Mariner Program.
880311:  DAAR indicates applicant tested positive for marijuana as a result of a service directed urinalysis. Commanding Officer issued a written warning.

890919:  NAVDRUGLAB, JACKSONVILLE, FL urinalysis report indicates applicant tested positive of THC.

891012:  NAVDRUGLAB, JACKSONVILLE, FL urinalysis report indicates applicant tested positive of THC.

891019:  NJP for violation of UCMJ, Article 112a: Wrongful use of a controlled substance.
         Award: Forfeiture of $150.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-2. No indication of appeal in the record.

891109:  DAAR indicates applicant tested positive for marijuana as a result of a random urinalysis test.

900109:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by CO's NJP of 891019, violation of the UCMJ, Article 112a (Wrongful use of a controlled substance).

900110:          Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.

900221:  NAVDRUGLAB, JACKSONVILLE, FL urinalysis report indicates applicant tested positive of THC.

900312:  NAVDRUGLAB, JACKSONVILLE, FL urinalysis report indicates applicant tested positive of THC.

900312:  Medical evaluation for drug abuse found the applicant to be a alcohol and drug abuser.

900330:  NJP for violation of UCMJ, Article 112a: Wrongful use of a controlled substance.
         Award: Confinement to Bread & Water for 3 days, forfeiture of $362.00 per month for 2 months. No indication of appeal in the record.

Discharge package missing from record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 900504 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 NDRB considered the applicant’s statement/issue. The applicant failed to provide post service documentation to support his issue. Particularly, urinalysis reports demonstrating his abstinence from illegal substance abuse, documentation to support his community involvement, police reports and background checks, character references, employment verification. The NDRB found the applicant’s discharge was proper and equitable. The NDRB may consider post service conduct in deliberation, but the applicant failed to provide any supporting documentation. Relief is not warranted.

The applicant is eligible for a personal appearance hearing before the NDRB until 15 years after the date of discharge.


 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      


Similar Decisions

  • NAVY | DRB | 2002_Navy | ND02-00405

    Original file (ND02-00405.rtf) Auto-classification: Denied

    Commanding Officer recommended separate from service.880304: Medical evaluation for drug abuse found the Applicant to be an episodic alcohol abuser and poly drug abuser, not drug dependent. 880311: 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 honorable conditions (general). PART III – RATIONALE...

  • NAVY | DRB | 1999_Navy | ND99-00861

    Original file (ND99-00861.rtf) Auto-classification: Denied

    ND99-00861 Applicant’s Request The application for discharge review, received 990614, requested that the characterization of service on the discharge be changed to honorable. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of DD Form 214 Applicant's Enlisted Performance Summary Record Letters of Recommendation from Person Pastor Letters of Recommendation from my Pastors and Partners Church Tithe and...

  • NAVY | DRB | 1999_Navy | ND99-01069

    Original file (ND99-01069.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Resume (2pgs) Copy of DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: USN 840514 - 890814 HON Inactive: USNR (DEP) 840412 - 840514 COG Period of Service Under Review :Date of Enlistment: 890815 Date of Discharge: 910412 Length of Service (years, months, days):Active: 01 07 28 Inactive: None ...

  • USMC | DRB | 2003_Marine | MD03-01333

    Original file (MD03-01333.rtf) Auto-classification: Denied

    MD03-01333 Applicant’s Request The application for discharge review was received on 20030805. The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. 000814: Applicant advised of rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.010123: Applicant notified of intended recommendation for discharge under other than honorable...

  • USMC | DRB | 2001_Marine | MD01-00319

    Original file (MD01-00319.rtf) Auto-classification: Denied

    870717: NAVDRUGLAB, Jacksonville, FL, reported applicant’s urine sample, received 870706, tested positive for THC.870823: Applicant received Level I drug and alcohol counseling and placed on unit's urinalysis screening program. Not appealed.871030: NAVDRUGLAB, Jacksonville, FL, reported applicant’s urine sample, received 871019, tested positive for THC.871125: Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to...

  • NAVY | DRB | 2001_Navy | ND01-00390

    Original file (ND01-00390.rtf) Auto-classification: Denied

    During the time I was tested for the THC, I was around several people at a party. The applicant did not provide any post-service documentation for the Board to consider. You may view DoD Directive 1332.28 and other Decisional Documents by going online at " afls10.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:

  • NAVY | DRB | 2002_Navy | ND02-00381

    Original file (ND02-00381.rtf) Auto-classification: Denied

    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): Inactive: USNR (DEP) 880220 - 880419 COG Active: USN 880420 - 920219 HON Period of Service Under Review :Date of Enlistment: 920220 Date of Discharge: 940920 Length of Service (years, months, days):Active: 02 07 01 Inactive: None After a thorough...

  • NAVY | DRB | 1999_Navy | ND99-00372

    Original file (ND99-00372.rtf) Auto-classification: Denied

    Age at Entry: 19 Years Contracted: 4 Education Level: 9 AFQT: 51 Highest Rate: AMH3 Final Enlisted Performance Evaluation Averages (number of marks): Performance: 3.80 (3) Behavior: 3.80 (3) OTA: 3.86 Military Decorations: None Unit/Campaign/Service Awards: NDSM 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. The...

  • NAVY | DRB | 2001_Navy | ND01-00287

    Original file (ND01-00287.rtf) Auto-classification: Denied

    000315: COMCARGRU TWO authorized the applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use) [Extracted from case file]. In the applicant’s issues 3 and 4, the applicant has not provided any documentation of good character and conduct. You may view DoD Directive 1332.28 and other Decisional Documents by going online at " afls10.jag.af.mil ".The names, and votes of the members of the Board are recorded on the original of this document and...

  • NAVY | DRB | 1999_Navy | ND99-01231

    Original file (ND99-01231.rtf) Auto-classification: Denied

    890307: Appeal of NJP denied.890309: Applicant notified of intended recommendation for discharge under Other Than Honorable conditions by reason of misconduct due to Drug abuse evidenced by your service record and your urinalysis test on 880920.890321: Applicant advised of his rights and having consulted with counsel certified under UCMJ, Article 27B, elected to appear before an Administrative Discharge Board. Additionally, the NDRB is under no obligation to conduct a second Admin...