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NAVY | DRB | 2000_Navy | ND00-00706
Original file (ND00-00706.rtf) Auto-classification: Denied


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

ex-AZAN, USN
Docket No. ND00-00706

Applicant’s Request
The application for discharge review, received 000510, 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 – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. I request the Board to review my O.T.H in 1987 in light of my supporting letter s and previous service time (82-86 Honorable). My discharge in 1987 was based on a non-reoccurring incident and since I've become a hard working church going individual.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copies of DD Form 214 (2)
Character Reference Letters (2)
Reference Letter from Veterans Rehabilitation Center

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        820223 - 860214  HON
         Inactive: USNR (DEP)     861215 - 870203  COG

 Period of Service Under Review :
Date of Enlistment: 870206               Date of Discharge: 871120

 Length of Service (years, months, days):

         Active: 00 09 15
         Inactive: None

 Age at Entry: 30                          Years Contracted: 4

Education Level: 14                        AFQT: 17

 Highest Rate: AZ3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.40 (2)    Behavior: 3.30 (2)                OTA: 3.60

 Military Decorations: None

 Unit/Campaign/Service Awards: MUC, SSDR, GCA

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 :

870206:  Reenlisted at CRUITRACOM, NTC ORLANDO FL. For 4 years.

 870928:  NAVDRUGLAB SAN DIEGO, CA urinalysis report indicates applicant tested positive for cocaine.
870923:  NJP for violation of UCMJ, Article 86: (3 Specs) Unauthorized absence, Spec 1: UA on or about 0730-0750, 870922, Spec 2: UA on or about 0730-0740 870921, Spec 3: Failed to go at the time prescribed to his appointed place of duty on or about 870919.
Award: Forfeiture of $100.00 per month for 1 months, extra duty for 10 days, reduction to E-3 (suspended for 6 months). No indication of appeal in the record.
871001:  The suspended reduction in rate to E-3 awarded at CO'S NJP of 870923 vacated.

871001:  NJP for violation of UCMJ, Article 112a: Use of a controlled substance (cocaine) on or about 870917.
         Award: Forfeiture of $404.00 per month for 2 months, restriction for 60 days, reduction to E-2 (suspended for 6 months). No indication of appeal in the record.
871002:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
871002:          Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.

871015:  CAAC evaluated applicant as a result of a positive urinalysis for cocaine and subsequent NJP. Applicant disclosed the following drug and alcohol history which is believed to be unreliable: no use of alcohol; a one time use of cocaine recently due to stress, later contradicted by his stating that he did not know that he had taken cocaine. A review of his record revealed an above average performer with one NJP, and one civilian arrest for possession of drug paraphernalia. Applicant shows poor judgment and irresponsibility is his use of drugs, and is considered a drug abuser, recommend separation from naval service and command monitored urinalysis surveillance, 2 time weekly.

 871016:  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 other than honorable conditions.

871019:  DAAR indicates applicant consented to the use of cocaine.

 871026:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

871107:  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 871120 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: “I request the Board to review my O.T.H in 1987 in light of my supporting letter s and previous service time (82-86 Honorable). My discharge in 1987 was based on a non-reoccurring incident and since I've become a hard working church going individual.” The NDRB considered the applicant’s request for an upgrade and his supporting documentation. The Board found the discharge proper and equitable. While the applicant provided some documentation of his post service conduct, the board did not find it significant enough to warrant an upgrade. Absent from the applicant’s documentation were, drug test results, employment history, volunteer service, and educational pursuits .

The NDRB is authorized to consider post-service factors in the re characterization of a discharge. The applicant must be aware that there is no law or regulation which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the service. Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question. Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, may be considered by the NDRB.

The applicant is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. Representation at personal appearance hearing is highly recommended.



Pertinent Regulation/Law (at time of discharge)

 A. Navy Military Personnel Manual, (NAVPERS 15560A), effective 15 Jun 87 until
10 Jan 89, 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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