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NAVY | DRB | 2001_Navy | ND01-00202
Original file (ND01-00202.rtf) Auto-classification: Denied


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


ex-HA, USN
Docket No. ND01-00202

Applicant’s Request
The application for discharge review, received 001211, 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 010510. 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
Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of Local Preacher's License

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
          Inactive: USNR (DEP)     831006 - 831109  COG

 Period of Service Under Review :
Date of Enlistment: 831110               Date of Discharge: 860207

 Length of Service (years, months, days):
         Active: 02 02 28
          Inactive: None
Age at Entry: 23                          Years Contracted: 4 (24 months extension)
Education Level: 12                        AFQT: 61
Highest Rate: HN

 Final Enlisted Performance Evaluation Averages (number of marks):
Performance: 2.60 (5)    Behavior: 2.60 (5)                OTA: 3.10

 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 :

851001:  NAVDRUGLAB NORFOLK, VA urinalysis report indicates applicant tested positive for THC.
851022:  NJP for violation of UCMJ, Article 112a: Wrongful use, possession, of controlled substance.
         Award: Forfeiture of $361.00 per month for 1 month, restriction to NMCRCR for 45 days, extra duty for 45 days, reduction in rate (suspended for 6 months). No indication of appeal in the record.
851101:  Substance Abuse Report indicates applicant is not dependent, is amendable and eligible, recommended for Level I Treatment.
851120:  NAVDRUGLAB NORFOLK, VA urinalysis report indicates applicant tested positive for Cocaine.
851122:  Punishment of RIR to HA suspended at CO's NJP of 851022 vacated due to continued misconduct.
851209:  Substance Abuse Report indicates, unable to determine dependency, not eligible, recommended for separation not via VA Hospital.
851230:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by two separate positive urinalysis one for THC and one for Cocaine.
851230:          Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
860121:  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.
860124:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse.
860130:  NJP for violation of UCMJ, Article 92: Failure to obey a lawful order.
         Award: Oral Reprimand. No indication of appeal in the record.
860202:  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 860207 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 introduced no decisional issues for consideration by the Board.
The Board recognizes that serving in the Navy is very challenging to both the Sailor and his family members. Our country is fortunate to have men and women willing to endure the hardships and make the sacrifices required to serve their country. It must be noted that most Sailors serve honorably and well, and therefore, earn their honorable discharges. The applicant's service is accurately characterized as having been performed under other than honorable conditions. Relief is not warranted.
This review coincides with the expiration of the applicant’s fifteen-year eligibility for NDRB action (07 Feb 2001). As the applicant did not appear before the Board in a personal appearance hearing, as recommended in NDRB letter ND01-00202 dated 12 Dec 2000, this decision exhaust’s the applicant’s opportunity for review by the NDRB. The applicant remains eligible to appeal for upgrade to the Board for Correction of Naval Records.
Pertinent Regulation/Law (at time of discharge)
A. Navy Military Personnel Manual, (NAVPERS 15560), Change 10/85, effective
16 Dec 85 until 05 Oct 86, 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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