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NAVY | DRB | 2001_Navy | ND01-00119
Original file (ND01-00119.rtf) Auto-classification: Denied


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

ex-FR, USN
Docket No. ND01-00119

Applicant’s Request
The application for discharge review, received 001102 001102 , requested that the characterization of service on the discharge be changed to general/under honorable conditions or entry level separation or uncharacterized. The applicant requested a personal appearance hearing discharge review before the Board in the Washington National Capital Region. The applicant listed AMERICAN LEGION as his representative on the DD Form 293.

Decision

A personal appearance hearing was conducted in Washington, D.C. on 010515. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety but did discern inequity in the characterization of the applicant’s service. The Board’s vote was three to two that the character of the discharge shall change. The discharge shall change to: GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues (verbatim)

 1. (Equity Issue) As evidenced by his supporting documentation, this former member opines that his post-service conduct has been sufficiently creditable to warrant the Board’s clemency as authorized under provisions of SECNAVINST 5420.174C, enclosure (1), paragraph 9.3.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Applicant’s resume (4 pages)
Operation and Maintenance of Detroit Diesel Engines training program from Trico Marine Operators (dated 28 Oct 1998)
Hazardous Material Transporter training certificate from Trico Marine Operators Inc. (dated 29 Dec 1998)
Certificate of Completion for Personal Survival Techniques course from Trico Marine Operators (dated 18 Nov 1999)
Certificate of Completion for Personal Safety and Social Responsibilities Course from Trico Marine Operations Inc. (dated 9 Feb 2000)
Hazwoper certification from On-Site Training & Instruction Inc. (dated 16 Mar 1997)
 Confined Space certification from On-Site Training & Instruction Inc (dated 24 Nov 1998)
 Certificate of Completion for Rigging Safety from Infosafe, Inc. (dated 27 Mar 2001)
Basic and Advanced Ship Firefighting course from Delgado Community College (dated 11 June 1999)
Letter of Employment from Diamond Offshore Drilling
Letter of recommendation from Trico Marine Operators Inc (dated 28 July 2000)
Driver’s License for Privacy Guard
Statement from W. L. Moseley
First Jump certificate from Gold Coast Skydivers (dated 19 Sept 1997)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     941130 - 950612  COG

 Period of Service Under Review :
Date of Enlistment: 950613               Date of Discharge: 960913

 Length of Service (years, months, days):

         Active: 01 03 01
         Inactive: None

 Age at Entry: 22                          Years Contracted: 4

Education Level: 12                        AFQT: 61

 Highest Rate: FA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF                  Behavior: NMF             OTA: NMF

Military Decorations: None

 Unit/Campaign/Service Awards: 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 :

960322:  NJP for violation of UCMJ, Article 112A: Wrongfully possess one hand rolled cigarette of marijuana, a controlled substance, while onboard a naval vessel on 960312.
         Award: Forfeiture of $437.00 per month for 2 months, restriction and extra duty for 45 days, reduction to FR. No indication of appeal in the record.
960326:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by all drug incidents in your current enlistment.
960415:          Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board. Applicant objected to separation.

960423:  CAAC evaluation for a drug related incident in which marijuana was found in his seabag found the applicant to be alcohol dependent. Recommended Level III treatment.

960424:  Discharged from Naval Medical Center Portsmouth, VA, Psychiatric Ward. Discharge summary: Axis I: Observation for suspected mental condition. Alcohol Dependence. Axis II: Antisocial traits.

 960612:  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 under other than honorable conditions.
960620:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

960802:  COMNAVBASE JACKSONVILLE FL directed the applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).
000727:  NDRB documentary record review Docket Number ND00-00223 conducted. Determination: discharge proper and equitable; relief not warranted.

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 960913 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 but not equitable (C and D).

 The applicant’s representative submitted the following as the applicant’s issue: (Equity Issue) As evidenced by his supporting documentation, this former member opines that his post-service conduct has been sufficiently creditable to warrant the Board’s clemency as authorized under provisions of SECNAVINST 5420.174C, enclosure (1), paragraph 9.3. Based on a review of the applicant’s entire service record and documentary evidence submitted to the Board, most notably an outstanding record of post-service conduct, the Board has determined that relief is warranted under equitable grounds even though the discharge was determined to have been otherwise equitable and proper at the time of issuance. The applicant’s characterization of discharge shall change to general (under honorable conditions).
Pertinent Regulation/Law (at time of discharge)

 A . Navy Military Personnel Manual, (NAVPERS 15560C), Change 9/94, effective
22 Jul 94 until 02 Oct 96, 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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