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NAVY | DRB | 2000_Navy | ND00-01038
Original file (ND00-01038.rtf) Auto-classification: Denied


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

ex-ATAN, USN
Docket No. ND00-01038

Applicant’s Request
The application for discharge review, received 000912, 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 010301. 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. I believe my discharge was inequitable because this was my only offense and I was a good member of the service.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Statement from applicant
Character/job reference dated August 29, 2000
Copy of DD Form 214
Copy of Honorable Discharge Certificate dated July 26, 1992

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        880606 - 920726  HON
         Inactive: USNR (DEP)     880107 - 880605  COG

 Period of Service Under Review :
Date of Enlistment: 920727               Date of Discharge: 940824

 Length of Service (years, months, days):

         Active: 02 02 28
         Inactive: None

 Age at Entry: 24                          Years Contracted: 3

 Education Level: 10                        AFQT: 40

 Highest Rate: AT3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.40 (3)    Behavior: 3.47 (3)                OTA: 3.47

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SASM with Bronze Star, SSDR

 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 :

940602:  NAVDRUGLAB [San Diego, CA], reported applicant’s urine sample, received 940524, tested positive for amphetamines/methamphetamines.

940608:  NAVDRUGLAB [San Diego, CA], reported applicant’s urine sample, received 940602, tested positive for amphetamines/methamphetamines.

940622:  NJP for violation of UCMJ, Article 112A: Wrongful use of amphetamines/methamphetamines.
         Award: Forfeiture of $200 per month for 2 months, extra duty for 30 days, reduction to ATAN. No indication of appeal in the record.
940715:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
940715:          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.

940715:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

940817:  BUPERS directed the applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

940824:  Medical evaluation for drug abuse found the applicant to be a drug abuser, not drug dependent.

940825:  Drug and Alcohol Abuse Report: Amphetamines abuse, ashore off duty. Random urinalysis 25May94. Physician found applicant not dependent and recommended separate for service. Commanding officer recommended separate.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 940824 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 this was my only offense and I was a good member of the service.” The record shows the applicant was found guilty of use of a controlled substance. There is no impropriety or inequity in processing a service member for illegal drug use. While the applicant states he was “a good member of the service”, the Board found the negative aspects of his service outweighed his otherwise positive contributions. Relief is denied.











Pertinent Regulation/Law (at time of discharge)

 A . Navy Military Personnel Manual, (NAVPERS 15560C), Change 5/93, effective
05 Mar 93 until 21 Jul 94, 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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