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NAVY | DRB | 2000_Navy | ND00-00982
Original file (ND00-00982.rtf) Auto-classification: Denied


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

ex-MM2, USN
Docket No. ND00-00982

Applicant’s Request
The application for discharge review, received 000824, 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 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 – 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:
Copy of DD Form 214
Letter from Applicant (2pgs)
Character Reference Letters (2)
Letter from Applicant's Wife (2pgs)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        770927 - 791012  HON
         Inactive: USNR (DEP)     None

 Period of Service Under Review :
Date of Enlistment: 791013               Date of Discharge: 850920

 Length of Service (years, months, days):

         Active: 05 11 08
         Inactive: None

 Age at Entry: 19                          Years Contracted: 6

Education Level: 12                        AFQT: 86

 Highest Rate: MM1

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.84 (5)    Behavior: 2.88 (5)                OTA: 3.52

 Military Decorations: None

 Unit/Campaign/Service Awards: NEM (2 ND ), SSDR (3 RD ), NUCM, MUCM, 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 :

791013:  Reenlisted at NPTU BALLSTON SPA NY for 6 years.

 840910:  NJP for violation of UCMJ, Article 112A: Wrongfully use THC, on or about 840821.
         Award: Forfeiture of $471.00 per month for 2 months, restriction to ship/APL for 45 days, extra duty for 45 days, reduction to E-5. No indication of appeal in the record.

840922:  Retention Warning: Advised of deficiency (Minor military infraction), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

841015:  Substance Abuse Report indicates medical officer found applicant not dependent, is amenable and eligible, recommended for Level I treatment.

850808:  NJP for violation of UCMJ, Article 112a: Wrongful use of marijuana.
         Award: Forfeiture of $250.00 per month for 2 months (suspended for 6 months), extra duty for 30 days, reduction to E-4 (suspended for 3 months). No indication of appeal in the record.

850828:  Drug Alcohol Abuse Report indicates CAAC found applicant not dependent or amenable, recommended separation from service not via VA Hospital.

850903:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct, misconduct due to a commission of a serious offense and misconduct due to drug abuse (use).
850903:          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 and the right to submit a statement in his own behalf in writing.
850909:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to pattern of misconduct, misconduct due to a commission of a serious offense and misconduct due to drug abuse (use).

850914:  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 850920 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.



 Pertinent Regulation/Law (at time of discharge)

 A. Navy Military Personnel Manual, (NAVPERS 15560), Change 10/84, effective
17 Sep 84 until 15 Dec 85, 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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