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NAVY | DRB | 2001_Navy | ND01-00086
Original file (ND01-00086.rtf) Auto-classification: Denied


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

ex-ABE3(AW), USN
Docket No. ND01-00086

Applicant’s Request
The application for discharge review, received 001023, 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 010329. 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

1. I think the type of discharge I got is to harsh that I'm having problem getting a better job. I regret the things that cause me to be discharge in the Navy. I wish the Navy give me another chance to continue my service. After spending half of my life serving our country I think I deserve better than this kind of discharge. I'm only human and make mistake I want to go on and be a good citizen of our country so I'm asking your good office to review my request to give me a chance of showing that I'm a good citizen and to raised my children in good environment.


 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        930506 - 990513  HON
                  USN                       880523 - 930505  HON
         Inactive: USNR (DEP)     880509 - 880522  COG

 Period of Service Under Review :
Date of Enlistment: 990514               Date of Discharge: 000214

 Length of Service (years, months, days):

         Active: 00 09 01
         Inactive: None

 Age at Entry: 32                          Years Contracted: 4

 Education Level: 16                        AFQT: 46

 Highest Rate: ABE2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.00 (1)    Behavior: 1.00 (1)                OTA: 2.86

 Military Decorations: NAM

 Unit/Campaign/Service Awards: GCM (2), KLM, NUC, SSDR (2), NDSM, SASM (2), EAWS, AFEM (2), OSSR

 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 1910-146, formerly 3630620.

 Chronological Listing of Significant Service Events :

991202:  NJP for violation of UCMJ, Article 112A (3 specs): Wrongful use of methamphetamine.
         Award: Forfeiture of $742 per month for 2 months, restriction and extra duty for 45 days, reduction to ABE3. No indication of appeal in the record.
991209:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
991209:          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.
000112:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use). Commanding officer’s comments: After testing positive for methamphetamine on a command urinalysis, ABE3 (applicant) confessed to smoking the drug on three separate occasions. Specifically, ABE3 (applicant) claimed that an individual who he knows as "A_" gave him methamphetamine and a pipe for free on 8 October 1999 in Atsugi, Japan. He subsequently smoked some methamphetamine with "A_", and then on two other occasions by himself.
         I have considered ABE3 (applicant's) entire service record. However, drug use is incompatible with service in the United States Navy. ABE3 (applicant's) conduct has significantly departed from the conduct expected of members of the Naval Service. Therefore, I strongly recommend that he be discharged with an Other Than Honorable discharge.

000115:  Commander, Carrier Group FIVE 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 000214 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 think the type of discharge I got is to harsh that I'm having problem getting a better job. I regret the things that cause me to be discharge in the Navy. I wish the Navy give me another chance to continue my service. After spending half of my life serving our country I think I deserve better than this kind of discharge. I'm only human and make mistake I want to go on and be a good citizen of our country so I'm asking your good office to review my request to give me a chance of showing that I'm a good citizen and to raised my children in good environment.” Although the applicant considered his discharge “too harsh” and an impediment to “a better job” the Board found no impropriety or inequity in the discharge. The applicant was discharged for his violation of UCMJ Article 112a, wrongful use of a controlled substance. The offense, violation of Article 112a, is considered a serious military offense- had the applicant been convicted at court martial he could have been awarded a punitive discharge. Relief is not warranted.

The applicant failed to provide any documentation to support a request for upgrade base on post service conduct. 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 18, effective 12 Dec 97 to 19 May 99, 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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