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NAVY | DRB | 2000_Navy | ND00-00857
Original file (ND00-00857.rtf) Auto-classification: Denied


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

ex-STGSN, USN
Docket No. ND00-00857

Applicant’s Request
The application for discharge review, received 000711, 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 010125. 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 believe my discharge was inequitable because it was based on one isolated incident that occurred in 8yr 2mos of good service. I had an excellent service record and received numerous commendations and awards. I have been an upstanding member of my community since my discharge and would appreciate your consideration in this matter.

 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: USN                        831227 - 870219  HON
         Inactive: USNR (DEP)     830218 - 831226  COG

 Period of Service Under Review :
Date of Enlistment: 870220               Date of Discharge: 920511

 Length of Service (years, months, days):

         Active: 05 02 22
         Inactive: None

 Age at Entry: 18                          Years Contracted: 6

 Education Level: 12                        AFQT: 87

 Highest Rate: STG1

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.92 (5)    Behavior: 3.76 (5)                OTA: 3.88

 Military Decorations: NAM
 Unit/Campaign/Service Awards: CGMUCR(ws"o") SSDR(wb*), NAM(wb*), NDSM, NAVY"E"RIBBON, GCA(2 ND )
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 :

870220:  Reenlisted onboard USS BRUMBY (FF-1044) for 6 years.

 920327:  NJP for violation of UCMJ, Article 112a: Wrongful use, possession, etc., of controlled substances on or about 920226, wrongfully used methamphetamines.
         Award: Forfeiture of $300.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-5. No indication of appeal in the record.
920331:  Applicant not screened as substance dependent, he was not offered VA treatment.
920406:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of drug abuse as evidenced by the illegal or wrongful use or possession of a controlled substance - positive urinalysis for amphetamines/methamphetamines.
920407:          Applicant advised of his rights and having elected not to consult 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.
920409:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by the illegal or wrongful use or possession of a controlled substance - positive urinalysis for amphetamines/methamphetamines.

920505:  BUPERS 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 920511 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 believe my discharge was inequitable because it was based on one isolated incident that occurred in 8yr 2mos of good service. I had an excellent service record and received numerous commendations and awards. I have been an upstanding member of my community since my discharge and would appreciate your consideration in this matter.” The NDRB found the applicant’s drug abuse/use warranted an other than honorable discharge for his last enlistment. While the NDRB may consider the applicant’s post service conduct in the request for an upgrade, the applicant failed to provide any documentation to support an upgrade. 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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