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NAVY | DRB | 2000_Navy | ND00-00984
Original file (ND00-00984.rtf) Auto-classification: Denied


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

ex-ACAA, USNR
Docket No. ND00-00984
Applicant’s Request
The application for discharge review, received 000821, 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 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: GENERAL UNDER HONORABLE CONDITIONS/ Misconduct – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. I believe my discharge should be upgraded to Honorable based on the fact that my drug use was a first time offense. I am also trying to receive my G.I.Bill so I can attend College later on this year. I have been accepted to Spartan School of Aeronautics in Tulsa, OK. Receiving my G.I.Bill will be a great help in pertaining my higher education. Please be compassionate while making your consideration.

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                        None
         Inactive: USNR            900326 - 900731  COG

 Period of Service Under Review :
Date of Enlistment: 900328               Date of Discharge: 920724

 Length of Service (years, months, days):

         Active: 01 11 24
         Inactive: 00 04 06

 Age at Entry: 18                          Years Contracted: 4 (12 months extension)

Education Level: 12                        AFQT: 12

 Highest Rate: ACAN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.80 (1)    Behavior: 3.80 (1)                OTA: 3.80

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

Days of Unauthorized Absence: None

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

GENERAL/UNDER HONORABLE CONDITIONS/Misconduct – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.

 Chronological Listing of Significant Service Events :

900801:  Ordered to active duty for 48 months under the Tar Enlistment program.

 910109:  Retention Warning: Advised of deficiency (Violation of Article 92, SNM consumed alcoholic beverages while under legal drinking age, on or about 901117. Violation of Article 121, SNM did wrongfully steal two jackets, property of another service member, on or about 901117), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

910111:  NJP for violation of UCMJ, Article 92: Failure to obey a lawful order/regulation by wrongfully consuming alcohol while under the legal drinking age on 901117, violation of UCMJ Article 121: Larceny, wrongfully stole two jackets, a purse and approximately $240.00 cash, the property of another service member, on 901117.
         Award: Correctional Custody for 7 days (deferred until 910115). Forfeiture of $362.00 per month for 1 month (suspended for 6 months), No indication of appeal in the record.

920430:  NAVDRUGLAB GREAT LAKES IL urinalysis report indicates applicant tested positive for THC.

920506:  Medical evaluation for drug abuse found the applicant to be not drug dependent.

920509:  NJP for violation of UCMJ, Article 112a: Wrongful use of marijuana on or about 920415.
         Award: Forfeiture of $440.00 per month for 2 months, extra duty for 45 days, reduction to E-2. No indication of appeal in the record.

920509:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by your NJP on 920509 in which you were found guilty of wrongfully using marijuana.
920509:          Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
920512:  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, and recommended discharge general under honorable conditions.

920609:  Commanding officer recommended discharge general under honorable conditions by reason of misconduct due to drug abuse (use).

920709:  BUPERS directed the applicant's discharge general under 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 920724 general under 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 should be upgraded to Honorable based on the fact that my drug use was a first time offense. I am also trying to receive my G.I.Bill so I can attend College later on this year. I have been accepted to Spartan School of Aeronautics in Tulsa, OK. Receiving my G.I.Bill will be a great help in pertaining my higher education.” The applicant’s service was marred with two NJP’s, violation of UCMJ Articles 92 and 121 and 112a in his enlistment. The Board found the discharge of General accurately characterized the applicant’s service. Relief is not warranted.

Regarding the applicant’s request for GI Bill benefits: The applicant is encouraged to contact the VA regarding GI Bill benefits. The NDRB has no authority in these matters. 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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