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NAVY | DRB | 2001_Navy | ND01-00231
Original file (ND01-00231.rtf) Auto-classification: Denied


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

ex-ETSN, USN
Docket No. ND01-00231

Applicant’s Request
The application for discharge review, received 001218, 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 010629. 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 need this weight off my shoulders so I can move on with my life. I have been drug free for about five months now. Yes, I continued to use drugs for about a month after I was discharged, that's how long it took me realize what I have lost. When I joined the navy, I wanted to make a career out of it. I was the top pre calculus student at oak ridge high school for 1998. I looked at the nuke program and I saw endless possibilities. I lost sight of my goals. I started to go to Florida and meet the wrong people. I started doing ecstacy. I thought I could beat the system. For a while I wondered why it happened to me why did I throw away my dreams. Then I realized that I was taking everything for granted. I didn't realize how lucky I was to be where I was at. Why I lost it. I am grateful that I was caught because I was scared of where I was headed, just too afraid to do anything about it. Since my discharge I feel as if I have made a decent recovery. I have worked temp jobs up until the last few weeks until walmart gave me a break, I want to try and get into school this semester, but I can't afford it, I am getting all of my debts resolved. The only thing I can't get through is my discharge. I feel I have a lot to offer society, but I don't feel like I can do it without an honorable discharge because anything I do will not matter as long as I have an other than honorable discharge in my past. So I appreciate your time and consideration.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of GPS Substance Abuse Policy (2pgs)
W2
Leave and Earning Statement
Wal*Mart Stores, Inc Alcohol and Drug Abuse Policy
Letter from Applicant
Copy of Nuclear Power Course Certificate
Copy of Electronics Technician Certificate
Employment Reference Letter
Zerox copy of DECA Plaque
Copy of Certificate of Achievement (Top Student - Precalculus)
Copy of Certificate of Merit (Algebra II -All A's)
Copy of Alcohol and Drug Screening
Copy of DD Form 214
Letter from Applicant (3pgs)
Employment/Character Reference Letter
Police Record Request
Employment Reference Letter
Copy of High School Transcript

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     970923 - 980623  COG

 Period of Service Under Review :
Date of Enlistment: 980624               Date of Discharge: 000314

 Length of Service (years, months, days):

         Active: 01 08 20
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4 (24 months extension)

 Education Level: 12                        AFQT: 75

 Highest Rate: ET3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMA                  Behavior: NMA             OTA: NMA

 Military Decorations: None

 Unit/Campaign/Service Awards: GCA

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 :

000121:  NJP for violation of UCMJ, Article 112a: Did at NTPU Charleston SC on or about 000118, wrongfully use methamphetamine, to wit: Petty Officer L____'s positive urinalysis sample per NAVDRUGLAB JACKSONVILLE MSG 181857 ZJAN 00.
Award: Oral Reprimand, forfeiture of $585.00 per month for 2 months, restriction and extra duty for 00 days, reduction to E-3. No indication of appeal in the record.
000121:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
000121:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

000124:  CAAC indicates result of the intake assessment were that the patient does not meet DSM-IV criteria for drug abuse. No diagnostic impression found.

000127:  Commanding Officer, Naval Nuclear Power Training Unit recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

000210:  Commander, Navy Region Southwest authorized 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 000313 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 describes the circumstances surrounding his discharge and that he has been drug free for “about five months.” The Board found it commendable that the applicant has been drug free for five months, but does not find that a long enough time to demonstrate sobriety and warrant relief. The applicant should document his sobriety through regular drug testing for a period greater than five years. Relief is not warranted.

 The NDRB is authorized to consider post-service factors in the re characterization of a discharge. 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. Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question. 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 failed to provide documentary evidence to demonstrate his sobriety, positive community service, employment history, and clean police record. Relief is not warranted.

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 hearing is recommended.



Pertinent Regulation/Law (at time of discharge)

 A . The Naval Military Personnel Manual, (NAVPERS 15560C), Change 24, effective 20 May 99 until 26 March 2000, 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 " afls10.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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