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NAVY | DRB | 2000_Navy | ND00-00876
Original file (ND00-00876.rtf) Auto-classification: Denied


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

ex-AKAN, USN
Docket No. ND00-00876

Applicant’s Request
The application for discharge review, received 000629, 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 Veterans of Foreign Wars as his representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010209. 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 1910-146, formerly Article 3630620.

.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues


We contend the veteran, had he the benefit of rehabilitation and recovered, it would have led to an Honorable Discharge or a General Discharge.
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Letter from applicant to Congressman
Copy of DD Form 214
Eight pages from applicant's service record (administrative discharge board)
Copy of MILPERSMAN 1910-202
Copy of MILPERSMAN 1910-212
Copy of MILPERSMAN 1910-304
Copy of OPNAVINST 5350.4B
Copy of record of emergency data (2 pages)
Copy of performance evaluations for periods from 97Dec16 to 98Ju115, 97Jun16 to 97Dec15, 97Jan06 to 97Jun15, 96Sep26 to 96Dec15, 96Jun16 to 96Sep25, 95Jul01 to 96Jun15, 94Jul13 to 95Jun30, 94Mar19 to 94Jul12, 93Feb01 to 94Jan31 and 92Aug04 to 93Jan31
Copy of performance information memorandum dated September 25, 1992
Copy of T/C individualized student schedule dated August 20, 1992
Copy of Enlisted Performance Record
Copy of commendation for October 1994 to April 1995
Copy of Letter of Appreciation dated December 17, 1996
Copy of Letter of Appreciation for October 1992 to April 1993

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USNR              920420 - 940317  HON
         Inactive: USNR            910921 - 920419  To Report ACDU

 Period of Service Under Review :
Date of Enlistment: 940318               Date of Discharge: 990920

 Length of Service (years, months, days):

         Active: 05 06 03
         Inactive: None

 Age at Entry: 22                          Years Contracted: 6

 Education Level: 12                        AFQT: 41

 Highest Rate: AK3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.00 (1)    Behavior: 4.00 (1)                OTA: 4.00        4.0 evals
 Performance: 3.00 (5)    Behavior: 3.60 (5)                OTA: 3.11        5.0 evals

 Military Decorations: None

 Unit/Campaign/Service Awards: MUC, NER, GCM, NDSM, SASM, SSDR, AFSM

 Days of Unauthorized Absence: 1

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-146, formerly 3630620.

 Chronological Listing of Significant Service Events :

940318:  Reenlisted for term of 6 years at VF-32 at NAS Oceana.

 981217:  NAVDRUGLAB, Jacksonville, FL reports applicant's urine sample received 981209, tested positive for THC.
990104:  Applicant to unauthorized absence 0700, 4Jan99.

990106:  Applicant to unauthorized absence 0600, 6Jan99.

 990111:  NJP for violation of UCMJ, Article 112A: Wrongful use of controlled substance on 30Nov98.
         Award: Forfeiture of $637 per month for 2 months, restriction for 30 days, reduction to AKAN. Forfeiture suspended for 6 months. No indication of appeal in the record.
990204:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
990204:          Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
990412:  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, but suspended for 6 months and recommended discharge under other than honorable conditions.

990728:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use). Commanding Officer's comments (verbatim): AKAA (applicant) tested positive for marijuana after participating in a urinalysis on 30 Nov 98. He admitted his guilt at NJP and later elected his right to an administrative board. As evidence by enclosure (1), the board found misconduct and recommended separation under Other Than Honorable conditions (suspended for six months). The defense through enclosure (2) concurs with the board's recommendation and requests a favorable endorsement. After deliberating with the recommendation of the board and the request made by the defense, I have decided that his case does not warrant a suspension. Therefore, I strongly recommend separation immediately under Other Than Honorable conditions.

990920:  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 990920 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 Board found that the applicant’s discharge of other than honorable for misconduct, admitted marijuana use, accurately characterized the applicant’s service. The applicant’s issue that “had he the benefit of rehabilitation and recovered, it would have led to an Honorable Discharge or a General Discharge.” is without merit. The applicant admitted to a “one time use” of marijuana at his Administrative Board. The applicant failed to provide documentation to support that he was drug dependant. Further, the applicant provided no post service documentation to support his sobriety 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 . The Naval Military Personnel Manual, (NAVPERS 15560C), Change 24, effective 20 May 99 until 26 March 2000, Article 1910-146 (formerly 3630620), Separation by Reason of Misconduct - 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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