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NAVY | DRB | 2001_Navy | ND01-00193
Original file (ND01-00193.rtf) Auto-classification: Denied


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


ex-SKSA, USN
Docket No. ND01-00193

Applicant’s Request
The application for discharge review, received 001205, 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 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 – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues (verbatim)
1. I still maintain my innocence in the matter I did not knowingly take any metha amphetamines and I know that this is and was a great mistake. I am no longer a teenager and will not allow this injustice to plague my record forever. My luitenant forced me to sign a paper without knowing what it was or the concequences of signing I told them if they said it was in my urine that I believed them but I didn't know where it came from I still just didn't understand on one was interested in what I was saying just procecuting me.
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 (DEP)     850227 - 850429  COG
Period of Service Under Review :
Date of Enlistment: 854030               Date of Discharge: 870717
Length of Service (years, months, days):

          Active: 02 02 18
          Inactive: None

 Age at Entry: 17                          Years Contracted: 4

Education Level: 12                        AFQT: 92
Highest Rate: SKSN

 Final Enlisted Performance Evaluation Averages (number of marks):
Performance: 3.40 (1)    Behavior: 3.40 (1)                OTA: 3.40

 Military Decorations: None
Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: None

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.
Chronological Listing of Significant Service Events :

861008:  NJP for violation of UCMJ, Article 113: Sleeping on watch on 860916.
         Award: Forfeiture of $150.00 per month for 1 month, restriction to USS ENTERPRISE for 10 days, reduction to E-2 (suspended for 6 months). No indication of appeal in the record.

861008:  Retention Warning: Advised of deficiency (Misconduct; Sleeping on watch), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

861125:  NJP for violation of UCMJ, Article 112a: Wrongful use of cocaine on 861018.
Award: Forfeiture of $358.00 per month for 2 months, restriction to USS ENTERPRISE with extra duty for 45 days, reduction to E-2. No indication of appeal in the record.
861218:  DAAR indicates applicant is not dependent or eligible recommended for separation not via VA Hospital.

870430:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of serious offense as evidenced by (1) NJP of 861008 for sleeping on watch. (2) NJP of 861125 for wrongful use of cocaine; and by reason of misconduct due to drug abuse as evidenced by NJP of 861125 for wrongful use or cocaine.
870501:          Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
870522:  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had committed misconduct due to a commission of a serious military offense and misconduct due to drug abuse, that the misconduct warranted separation, and recommended discharge under other than honorable conditions.
870619:  CAAC evaluation identified applicant as a drug abuser who does not appear dependent.
       
870627:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to commission of a serious military offense evidenced by NJP of 861008 for sleeping on watch and by reason of misconduct due to drug abuse as evidenced by NJP of 861125 for wrongful use of cocaine.

870713:  CNMPC 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 870717 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).
In response to the applicant’s issue, the Board determined that t o permit relief, an error or injustice must be found to have existed during the period of enlistment under review. There was nothing in the records, nor did the applicant provide any documentation, to indicate there existed an error of fact, law, procedure, or discretion at the time of discharge. A properly convened Administrative Discharge Board determined that the applicant had committed misconduct and recommended his separation from the naval service. There was no rights violation and no basis for relief.
The following is provided for the applicant’s edification. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge (D). The applicant must be aware that there is no law or regulation which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, may be considered by the NDRB. 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 15560A), effective 15 Jun 87 until
10 Jan 89, 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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