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NAVY | DRB | 2000_Navy | ND00-00821
Original file (ND00-00821.rtf) Auto-classification: Denied


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

ex-SKSR, USN
Docket No. ND00-00821

Applicant’s Request
The application for discharge review, received 000619, 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 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, authority: NAVMILPERSMAN, Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. My discharge is out of date because I was discharged on basis of drug use. I have been drug free all my life and because of 2 uses of LSD, I earned a OTH discharge for life. That discharge is looked down upon by most respected companies and shouldn't be part of my life. I knew I made a mistake when I took LSD, but I should not have to deal with a negative mark on my record for the rest of my life. Our local company Pacific Bell wants to hire me. I've passed all their screening (aptitude test, drug test, and interviews), but when they found out I had an OTH, they told me to get it upgraded, something I should have done 4 years ago. I earned this job , but because of 2 previous uses of LSD, I don't qualify for this job. They are giving me a couple months to get an upgrade to general.

The discharge was fair at the time but was easily earned by myself. I didn't have to admit to anything, but I did to cooperate fully and with no fight. No lies were spoken and I was mature enough to admit I was wrong. You can check my 5 yrs after discharge and I guarantee you I have no record of any kind. Never have, never will. Could you please move my Other than Honorable to General, not Honorable but General so I can live up to my expectations I so have set so high

Thank you for your time and please consider my request so I can be ALL THAT I CAN BE.

 Documentation
In addition to the service record, 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: None
         Inactive: USNR (DEP)     940131 - 941113  COG

 Period of Service Under Review :
Date of Enlistment: 941114               Date of Discharge: 951109

 Length of Service (years, months, days):

         Active: 00 11 26
         Inactive: None

 Age at Entry: 17                          Years Contracted: 4

 Education Level: 12                        AFQT: 75

 Highest Rate: SKSA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.00 (1)    Behavior: 2.00 (1)                OTA: 2.00

 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, authority: NAVMILPERSMAN, Article 3630620.

 Chronological Listing of Significant Service Events :


950615:  NJP. found in service record. Extracted from Enlisted Performance Record.

950615:  Retention Warning: Advised of deficiency (Violation of failure to obey other lawful written order.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

 951020:  NJP for violation of UCMJ, Article 112A: Wrongful use of lysergic acid diethylamide on the month of October 1995.
         Award: Forfeiture of $400 per month for 2 months, restriction and extra duty for 45 days, reduction to SKSR. Forfeiture suspended for 4 months. No indication of appeal in the record.
951024:  Applicant classified as a Level II rehabilitation failure due to drug incident 19Oct95.
951025:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by all drug incidents in your current enlistment and by reason of alcohol abuse rehabilitation failure as evidenced by a drug-related incident following completion of a Level II rehabilitation treatment program.
951025:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
951101:  Drug and Alcohol Abuse Report: Hallucinogens (LSD) abuse, 1995, ashore off duty. CAAC recommended separate not via VA hospital. Physician found applicant not dependent and recommended separate not via VA hospital. Commanding officer recommended separate not via VA hospital.
951115:  Commanding officer directed discharge under other than honorable conditions by reason of misconduct due to drug abuse (use) and alcohol abuse rehabilitation failure.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 951109 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 first issue states: “My discharge is out of date because I was discharged on basis of drug use. I have been drug free all my life and because of 2 uses of LSD, I earned a OTH discharge for life. That discharge is looked down upon by most respected companies and shouldn't be part of my life. I knew I made a mistake when I took LSD, but I should not have to deal with a negative mark on my record for the rest of my life. Our local company Pacific Bell wants to hire me. I've passed all their screening (aptitude test, drug test, and interviews), but when they found out I had an OTH, they told me to get it upgraded, something I should have done 4 years ago. I earned this job , but because of 2 previous uses of LSD, I don't qualify for this job. They are giving me a couple months to get an upgrade to general.” The NDRB found the Other Than Honorable discharge accurately characterizes the applicant’s service. He provided no documentation to support his issue that he has been “drug free” all his life. To change the discharge in order for the applicant to gain employment would be inappropriate. Relief is denied.

The applicant’s second issue states: “The discharge was fair at the time but was easily earned by myself. I didn't have to admit to anything, but I did to cooperate fully and with no fight. No lies were spoken and I was mature enough to admit I was wrong. You can check my 5 yrs after discharge and I guarantee you I have no record of any kind. Never have, never will. Could you please move my Other than Honorable to General, not Honorable but General so I can live up to my expectations I so have set so high." While the applicant feels that in telling the truth during the investigation he warrants consideration for upgrade, the Board does not agree. Matters of mitigation were clearly considered at the time of discharge. Additionally, it is the applicant’s responsibility to provide post service documentation such as police records, drug screening reports, community service, and educational pursuits for the Board to consider. The applicant failed to provide any post service documentation for the Board’s consideration. 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), Change 9/94, effective
22 Jul 94 until 02 Oct 96, 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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