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NAVY | DRB | 2001_Navy | ND01-00117
Original file (ND01-00117.rtf) Auto-classification: Denied


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

ex-OSSN, USN
Docket No. ND01-00117

Applicant’s Request
The application for discharge review, received 001101, 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 010503. 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. My undesirable discharge was inequitable because it was based on one isolated incident in three years and five months of service with no other adverse action. Refer to section I of documentation packet, titled military performance. All supporting documents in this section show a superior level of military performance except for my final evaluation and discharge document.

2. As documented, In section II of Supporting documentation, Titled Character references, my wife and I experienced substantial hardship in our relationship due to prolonged separation. These personal hardships affected my performance at times and my judgment. Refer to Spouse's Letter.

3. I have invested greatly into my education, my personal growth and my professional experience since I was discharged from the United States Navy. I believe I have overcome my obstacles from 1994 and have become a better person and well-rounded individual please refer to Section III named Education and Section IV named, Professional Experience to fully evaluate my civilian accomplishments.

 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
Letter from Applicant's Wife (2pgs)
Table of Contents
Copies of Enlisted Performance Evaluation Report (12pgs)
Copy of "A" School Honor Certificate
Copy of Certificate of Commendation
Copy of Enlisted Surface Warfare Specialist Certificate
Copy of Letter of Commendation (Superior Performance)
Copy of Enlisted Personnel Action Request (Early Release from Active Duty)(2pgs)
Copy of Marriage License
Copy of Marriage Certificate
Reference Letter from Applicant's Mother
Letter of Recommendation
Employment Reference Letter
Copy of Official Transcript from University of Advancing Computer Technology (2pgs)
Copy of Certificate of Competency (Multimedia Technology I)
Copy of Dean's List with Honors Certificate (2)
Copy of Dean's List Certificate
Copy of Associate of Arts in Multimedia Degree
Resume (3pgs)
Copy of Certificate of Completion (A+ Certification Program)
Thank You Letter from Applicant
Copy of Audubon Zoological Garden Volunteer Certificate
Copy of Audubon Zoological Garden Certificate of Appreciation

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     900119 - 900910  COG

 Period of Service Under Review :
Date of Enlistment: 900911               Date of Discharge: 940217

 Length of Service (years, months, days):

         Active: 03 05 07
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 64

 Highest Rate: OS2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.28 (5)    Behavior: 3.64 (5)                OTA: 3.76

 Military Decorations: None

 Unit/Campaign/Service Awards: JMUA, BATTLE"E"RIBBON, SSDR, NDSM,

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 :

940110:  NAVDRUGLAB NORFOLK VA urinalysis report indicates applicant tested positive for THC.

940113:  NJP for violation of UCMJ, Article 112A: Wrongful use of a controlled substance.
         Award: Forfeiture of $550.00 per month for 2 months, restriction to USS SAN JACINTO (CG-56) for 45 days, extra duty for 45 days, reduction to E-3. No indication of appeal in the record.
940114:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by urinalysis.
940114:          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.

940118:  Medical evaluation for drug abuse found the applicant to be not a drug abuser, not drug dependent.

940118:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

940201:  BUPERS 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 940217 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 first issue states: “My undesirable discharge was inequitable because it was based on one isolated incident in three year and five months of service with no other adverse action. Refer to section I of documentation packet, titled military performance. All supporting documents in this section show a superior level of military performance except for my final evaluation and discharge document.” After careful review of the applicant’s service record the board found the applicant’s misconduct, violation of UCMJ Article 112a significantly mitigated his otherwise creditable service. The applicant’s offense is considered a serious military offense that warrants a punitive discharge at court martial. The Other Than Honorable discharge accurately characterized the applicant’s service. Relief is not warranted.

The applicant’s second issue states: “As documented, In section II of Supporting documentation, Titled Character references, my wife and I experienced substantial hardship in our relationship due to prolonged separation. These personal hardships effected my performance at times and my judgment. Refer to Spouse's Letter.” The NDRB did not find the applicant’s issue and attached documentation sufficiently mitigated his misconduct. Relief is not warranted.

The applicant’s third issue states: “I have invested greatly into my education, my personal growth and my professional experience since I was discharged from the United States Navy. I believe I have overcome my obstacles from 1994 and have become a better person and well rounded individual please refer to Section III named Education and Section IV named, Professional Experience to fully evaluate my civilian accomplishments.” The applicant provided documentation of his post service endeavors, however the applicant failed to provide documentation of sobriety- drug testing and police records. The Board did not find the applicant’s post service conduct significant enough to warrant a change in the discharge. Relief is denied.
The applicant 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), 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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