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NAVY | DRB | 2000_Navy | ND00-00692
Original file (ND00-00692.rtf) Auto-classification: Denied


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

ex-FA, USN
Docket No. ND00-00692

Applicant’s Request
The application for discharge review, received 000503, requested that the characterization of service on the discharge be changed to general/under honorable conditions. 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, authority: NAVMILPERSMAN, Article 1910-146, formerly Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1. My discharge was inequitable because it was based on one isolated incident. My accomplishments should be considered in this request.

2. During my months of service, I was randomly tested for drug use numerous times, all of which turned up negative.

3. During my months of service, I received many letters of appreciation and citations commending me. Demonstrates my effort and pride in being part of the U.S. Navy. (see attached documents 3, 4, 6, 7, 8, 9)

4. During my months of service, I volunteered and participated in events to help the Special Olympics and to benefit the community. (see documents 1, 2, 5)

5. I understand the Armed Services need a to take a stance on drug abuse. I understand I was wrong for smoking marijuana. This was an isolated instance. Given the lenient view that state and federal governments take on mere "smoking" or possession of small quantities of marijuana, and the fact that this was an isolated instance as proven by my record on previous random drug tests, I feel my punishment was excessive, inequitable and unjust.

6. I entered the Navy with career goals in mind. I had hoped, and still hope to become a firefighter/paramedic. I respectfully request that you change my discharge to "General/Under Honorable Conditions. This will allow me access to the benefits I am entitled to and to utilize the training and experience I gained while in the Navy to pursue my career.


Applicant marked the block on the DD Form 293: "I have listed additional issues as an attachment to this application. None were found.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Summary of accomplishments
Letter of appreciation dated May 21, 1997
Citation dated June 4, 1997
Citation for 1 October 1997 to 1 December 1997
Award dated January 15, 1998
Citation dated June 3, 1998
Letter of appreciation dated December 7, 1998
Award undated
Award for December 14 and 15 1998
Promotion December 14, 1998
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     960911 - 961008  COG

 Period of Service Under Review :
Date of Enlistment: 961009               Date of Discharge: 990406

 Length of Service (years, months, days):

         Active: 02 05 27
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 88

 Highest Rate: DC3 (Frocked)

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF                  Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: BER (2)

 Days of Unauthorized Absence: None

 Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-146, formerly 3630620.

 Chronological Listing of Significant Service Events :

961010:  Retention Warning: You are being retained in the Naval service, despite your fraudulent induction as evidenced by your failure to disclose required basic enlistment eligibility information. This decision is based on the information you provided the Recruit Quality Assurance Interviewer and if it is found that additional information has not been disclosed, this waiver is void and you could be subject to other judicial or administrative proceedings: marijuana, 3 times 7/95 to 9/96 in DEP.

990210:  NAVDRUGLAB, Jacksonville, FL reports urine sample received 990203 tested positive for THC.
970731:  NJP for violation of UCMJ, Article 92: Fail to obey a lawful order by wrongfully drinking under age on 2333, 18Jul97, violation of UCMJ Article 111: Operate a vehicle while impaired by alcohol on 2333, 18Jul97.
         Award: Forfeiture of $505 per month for 1 month, restriction and extra duty for 45 days, reduction to FR. Forfeiture and reduction suspended for 6 months. No indication of appeal in the record.
980511:  Applicant to unauthorized absence 0700 to 0910, 11May98 (2 hours and 10 minutes/surrendered).

980519:  Applicant to unauthorized absence 0700 to 0730, 19May98 (30 minutes/surrendered).
980806:  Applicant to unauthorized absence 0700 to 0800, 6Aug98 (1 hour/surrendered).
990226:  NJP for violation of UCMJ, Article 112A: Wrongfully use marijuana prior to 3Feb99.
         Award: Forfeiture of $500 per month for 2 months, restriction and extra duty for 45 days, reduction to FN. No indication of appeal in the record.
990226:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
990226:          Applicant advised of his rights and having consulted 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.
990318:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

990322:  COMSUBGRU TWO 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 990406 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 issues 1 and 5, the Board found the applicant implies that a permissive doctrine exists whereby one in the military is allowed a “single misdeed”. The Board believes that the applicant is confusing this with the civilian world wherein some offenses are treated with leniency because they are a first time incident on an otherwise clear record. No such leniency exists in the military. The applicant is responsible for his actions and must accept the consequences of his misdeeds. The Board will not grant relief on the basis of this issue.

 In response to the applicant’s issue 2, to be discharged for drug abuse, it is only necessary to test positive one time on a urinalysis test. The Board found that the applicant was properly discharged for misconduct due to drug abuse. No relief will be granted based on this issue.

In response to the applicant’s issues 3 and 4, the applicant’s misconduct outweighs the positive aspects of his time in the Navy and therefore his service is accurately characterized as having been served under other than honorable conditions.

 In response to the applicant’s issues 6, the Board has no obligation to change the applicant’s discharge in order to allow him to obtain better employment or benefits. No relief will be granted based on this issue.

Pertinent Regulation/Law (at time of discharge)

 A . The Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective 12 Dec 97 to 19 May 99, Article 1910-146 (formerly 3630620), Separation by Reason of Misconduct - 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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