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NAVY | DRB | 2000_Navy | ND00-00744
Original file (ND00-00744.rtf) Auto-classification: Denied


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

ex-RMSN, USN
Docket No. ND00-00744

Applicant’s Request
The application for discharge review, received 000523, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. The applicant listed the American Legion as his representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010111. 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. (Equity Issue) As the documentary evidence of record supports, this former member opines that his post-service conduct has been sufficiently creditable to warrant the Board's clemency relief as authorized under provisions of SECNAVINST 5420.174C, enclosure (1), paragraph 9.3.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Employment confirmation dated July 12, 2000
Character reference
Character reference
Character reference dated July 14, 2000
Character reference dated July 22, 2000
Statement from applicant dated August 18, 2000
Copy of certificate of achievement dated September 11, 1995
Copy of certificate of achievement dated March 30, 1996
Copy of certificate of achievement dated December 18, 1997
Copy of certificate of achievement undated
Copy of certificate of special recognition undated

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        770907 - 810904  HON
                  USN                       820202 - 860130  HON
         Inactive: USNR (DEP)     820122 - 820201  COG
                  USNR             810905 - 820121  HON

Period of Service Under Review :
Date of Enlistment: 860131               Date of Discharge: 930113

 Length of Service (years, months, days):

         Active: 03 11 13
         Inactive: None

 Age at Entry: 30                          Years Contracted: 6

 Education Level: 12                        AFQT: 31

 Highest Rate: RM1

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.75 (8)    Behavior: 3.85 (8)                OTA: 3.80

 Military Decorations: NAM, Letter of Commendation

 Unit/Campaign/Service Awards: NEM, CAR, SSDR, AFEM, OSR (2), JMU, NDSM, GCM

 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 :

871215:  NJP for violation of UCMJ, Article 92: Disobedience of lawful order.
         Award: Forfeiture of $100 per month for 2 months, reduction to RM3. No indication of appeal in the record.
880311:  Reduction awarded at CO's NJP 15Dec87 is mitigated to a forfeiture of $100.00 per month for 1 month.
920928:  NJP for violation of UCMJ, Article 112A: wrongful use or possession of a controlled substance.
         Award: Forfeiture of $150 per month for 2 months, reduction to RM2. No indication of appeal in the record.
921110:  NJP for violation of UCMJ, Article 86: Unauthorized absence, violation of UCMJ Article 92: Dereliction of duty.
         Award: Forfeiture of $100 per month for 2 months, reduction to RM3. Reduction suspended for 6 months. No indication of appeal in the record.
921121:  Vacate suspended reduction to RM3 awarded at CO's NJP dated 10Nov92 due to continued misconduct.
921121:  NJP for violation of UCMJ, Article 112A: Wrongful use or possession of a controlled substance.
         Award: Forfeiture of $100 per month for 2 months, reduction to RMSN. No indication of appeal in the record.
921008:  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 conviction for violation of the UCMJ Article 112A - wrongful use, possession of controlled substance (cocaine).
921013:          Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
921008:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

921121:  Applicant waived request and right to an administrative review board.

930108:  BUPERS directed the applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

930112:  Letter from USS ANCHORAGE, Command DAPA to medical officer, USS COMSTOCK (LSD-45 requesting evaluation for drug dependency.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 930113 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: “(Equity Issue) As the documentary evidence of record supports, this former member opines that his post-service conduct has been sufficiently creditable to warrant the Board's clemency relief as authorized under provisions of SECNAVINST 5420.174C, enclosure (1), paragraph 9.3.” The NDRB did not find the applicant’s post service warranted clemency. Notably absent was documentary evidence supporting his sobriety, specifically drug testing results and participation in supervised alcohol recovery programs. Additionally, the applicant provided no documentary evidence demonstrating commitment to voluntary activities in his community. Relief is not warranted.

 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 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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