Search Decisions

Decision Text

NAVY | DRB | 2000_Navy | ND00-00727
Original file (ND00-00727.rtf) Auto-classification: Denied


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

ex-AA, USN
Docket No. ND00-00727

Applicant’s Request
The application for discharge review, received 000518, 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 010313. 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

Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Statement from applicant dated May 16, 2000
Copy of DD Form 214 (2 copies)
Character letter from Cobb County, Department of Family and Children Services dated January 18, 2001
Character/job letter from Mars Music dated January 19, 2001
Character reference from Minister of Music, Elizabeth Baptist Church, dated January 27, 2001
Character reference from A. N. S. dated January 23, 2001
Character reference from Criminal Investigator, Fulton County District Attorney, Atlanta Judicial Circuit, Atlanta, GA
Character reference dated January 31, 2001
Police record check dated January 30, 2001 (case pending for speeding)
Letter from the Emory Clinic, Inc dated February 2, 2001 with laboratory reports
Character reference dated February 01, 2001

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     840223 - 840325  COG

 Period of Service Under Review :
Date of Enlistment: 840326               Date of Discharge: 860619

 Length of Service (years, months, days):

         Active: 02 02 24
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

 Education Level: 13 1/2           AFQT: 33

 Highest Rate: AN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.70 (2)             Behavior: 3.40 (2)                OTA: 3.50

 Military Decorations: None

 Unit/Campaign/Service Awards: None

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 :

840402:  Applicant briefed on Navy's policy on drug and alcohol abuse.

850717:  NJP for violation of UCMJ, Article 112A: Wrongfully use marijuana on 19May85.
         Award: Forfeiture of $347 per month for 2 months, restriction and extra duty for 30 days, reduction to AA. No indication of appeal in the record.
850904:  Drug and Alcohol Abuse Report: Marijuana abuse May85, afloat. Search and seizure May85. CAAC found applicant not dependent and recommends Level I treatment. Commanding Officer recommended retention and discipline/provide leadership guidance/provide onboard motivational education/counsel by SAC. Comments: A good airman. Performance has not faltered since first NJP for confirmed drug abuse. Has potential for future service. Recommended for advancement and retention in the United States naval service.
860210:  NJP for violation of UCMJ, Article 112A: Use of marijuana on board USS Midway on or about 4Jan86.
         Award: Forfeiture of $358 per month for 2 months, restriction and extra duty for 45 days, reduction to AA. No indication of appeal in the record.
860216:  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.
860228:          Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
860308:  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 and commission of a serious offense, that the misconduct warranted separation, and recommended discharge under other than honorable conditions.
860313:  Drug and Alcohol Abuse Report: Marijuana abuse, Jan86, less than monthly, ashore off duty. Inspection urinalysis Jan86. CAAC found applicant not dependent and recommended Level II and recommends separate from service. Commanding Officer recommends separate. Comments: Second NJP for confirmed drug abuse. Shows no potential for future service. Recommended for separation from the United States naval service.
860324:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse and misconduct due to commission of a serious offense.

860401:  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 860619 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 introduced no decisional issues for consideration by the Board.

The NDRB is authorized to consider post-service factors in the recharacterization of a discharge (D). However, 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. No such error or injustice is evident in the applicant’s service record. In reviewing the applicant’s post service, the Board was impressed with the efforts he has begun to make in attempting to recoup his reputation which has been sullied by his misconduct in the Navy. However, the applicant’s efforts need to be more encompassing than those provided. The applicant should have produced evidence of continuing educational pursuits, a verifiable employment record, and more documentation of community service in order for consideration for clemency based on post-service conduct. At this time the applicant has not provided sufficient documentation of good character and conduct. Therefore no relief will be granted at this time. He is encouraged to apply for a personal appearance hearing provided the application is received prior to 19 June, 2001. Representation at a personal appearance is highly recommended.

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      


Similar Decisions

  • NAVY | DRB | 2001_Navy | ND01-00757

    Original file (ND01-00757.rtf) Auto-classification: Denied

    860308: 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 and commission of a serious offense, that the misconduct warranted separation, and recommended discharge under other than honorable conditions. 860401: CNMPC directed the applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use). Navy Military Personnel Manual,...

  • NAVY | DRB | 2002_Navy | ND02-00169

    Original file (ND02-00169.rtf) Auto-classification: Denied

    840727: Drug abuse Screening/Evaluation: Self-referral on 19Jul84. 840731: Substance Abuse Report: Tranquilizers/Benzodiazepine abuse, less than monthly Feb84 - Jul84, ashore off duty. It is strongly recommended that SA (Applicant) be administratively processed for separation from the naval service, with a characterization of his service as other than honorable.861022: CNMPC directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

  • NAVY | DRB | 2001_Navy | ND01-00907

    Original file (ND01-00907.rtf) Auto-classification: Denied

    ND01-00907 Applicant’s Request This application for discharge review, received 010705, requested the characterization of service issued to the Applicant at the time of his discharge be changed to general/under honorable conditions. 860506: 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...

  • NAVY | DRB | 2001_Navy | ND01-00498

    Original file (ND01-00498.rtf) Auto-classification: Denied

    The Naval Discharge Review Board (NDRB) conducts a record review prior to any personal appearance hearing. No indication of appeal in the record.880321: Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by one NJP for conviction for illegal use of marijuana and misconduct due to commission of a serious offense as evidenced by one conviction for violation of UCMJ Articles 92, 113, and...

  • NAVY | DRB | 2002_Navy | ND02-01185

    Original file (ND02-01185.rtf) Auto-classification: Denied

    It is recommended that the SNM be separated from the naval service. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 920317 under other than honorable conditions for misconduct due to drug abuse (use) (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.

  • NAVY | DRB | 2002_Navy | ND02-00262

    Original file (ND02-00262.rtf) Auto-classification: Denied

    860815: CAAC evaluation: Applicant does not appear psychologically dependent on cocaine but would benefit from a Level II counseling program due to his alcohol abuse.860828: NJP for violation of UCMJ, Article 112A: Wrongfully use cocaine on 860722. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 19970417 under other than honorable conditions for misconduct due to drug abuse (use) (A). Secretary of the Navy Instruction 5420.174C of...

  • NAVY | DRB | 2001_Navy | ND01-00429

    Original file (ND01-00429.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 Letter from applicant dated February 13, 2001 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: None Period of Service Under Review :Date of Enlistment: 980326 Date of Discharge: 000122 Length of Service (years, months, days):Active: 01 09 27 Inactive: None PART III –...

  • NAVY | DRB | 2000_Navy | ND00-00528

    Original file (ND00-00528.rtf) Auto-classification: Denied

    Chronological Listing of Significant Service Events : 831116: Applicant briefed on Navy's policy on drugs and alcohol abuse.840820: Counseling: Advised of deficiency (Alcohol abuse-first incident).840822: NJP for violation of UCMJ, Article 134 (2 specs): Drunk and disorderly. Impression: Alcohol: Has been alcohol abuse, not a problem drinker, is an alcohol abuser, is not psychologically or physically dependent/addicted to alcohol.850716: Medical evaluation for drug abuse found the applicant...

  • NAVY | DRB | 2001_Navy | ND01-00611

    Original file (ND01-00611.rtf) Auto-classification: Denied

    Decision A documentary discharge review was conducted in Washington, D.C. on 011018. 851113: Applicant notified of intended recommendation for discharge under other than honorable conditions by readcson of misconduct due to drug abuse as evidenced by your NJP for a positive urinalysis.851209: Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.860210: An Administrative Discharge Board,...

  • NAVY | DRB | 2003_Navy | ND03-00839

    Original file (ND03-00839.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/ under honorable conditions. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 19961223 under other than honorable conditions for misconduct due to drug abuse (A). 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...