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NAVY | DRB | 2001_Navy | ND01-00435
Original file (ND01-00435.rtf) Auto-classification: Denied


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

ex-HR, USN
Docket No. ND01-00435

Applicant’s Request
The application for discharge review, received 010222, 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 010629. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the 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 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. I would like to thank the board at looking at my request. I will start with saying that at the time of my enlistment that the waiver I signed would later be used for grounds to my discharge. I in ____ don't attempt to shift my responsibilities for my behavior at the time, but being the age I was not really fully understanding life. I just made a bad choice. I come before this committee as humbly as I can and ask that an upgrade in my dispositon of the type of discharge I received be upgraded as I have struggle with my own personal issues in how it blemishes all that I am attempting to do an my life today as a full time student, Father, Mate, friend and community supporter. I don't know in what grounds to request this upgrade except that I don't like to think all I wanted to do was be a representation of my country only to feel like a disgrace and no longer wanted to live with this burden and did all that at the time available to continue to serve, but it been within my first year and the fact Desert Storm just ended along with all that had come in, budget cut, downsizing why wouldn't it. It been in the military best interest to but in effect the zero tolerance to later use the fact that I was honest and volunteered the fact that I experimented with marijuana in savery money as I came in under a 2 for 4 contract picked up the rate of Corpsman which were badly needed during the war then signed for 2 more years. I was willing to dedicate my future to this country and ready to give my life and because I was honest I live with this blemish, shame and disgrace for a mistake. Thank You RGJ.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of Travel Certificate
Resume (2pgs)
Reference Letter from Social and Medical Outreach To The Homeless
Scholarship Recommendation Letter from Community Alternatives KY-KIPDA
Letter of Recommendation from Social and Medical Outreach to The Homeless
Letter of Recommendation from Jefferson Community College
Character Reference Letter from Jefferson Community College
Transcript from Jefferson Community College
Certificates of Achievement (2)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     910123 - 910128  COG

 Period of Service Under Review :
Date of Enlistment: 910129               Date of Discharge: 920129

 Length of Service (years, months, days):

         Active: 01 00 01
         Inactive: None

 Age at Entry: 21                          Years Contracted: 2 (24 months extension)

 Education Level: 12 1/2                    AFQT: 61

 Highest Rate: HA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.40 (1)    Behavior: 2.00 (1)                OTA: 3.60

 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 – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.

 Chronological Listing of Significant Service Events :

910222:  Initial enlistment contract documents admission of pre-service marijuana experimentation. Enlistment waiver granted. Applicant briefed upon and certified understanding of Navy policy concerning illegal use of drugs.


911011:  NJP for violation of UCMJ, Article 112a: Use of cocaine.
Award: Restriction to Naval Hospital Beaufort for 15days, extra duty for 30 days, reduction to E-1. No indication of appeal in the record.
911016:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
Undated:         Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
911127:  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, also recommended suspension of the separation for a period of 12 months and should not be retained in the Individual Ready Reserve..

911219:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

920108:  Substance Abuse/Dependence Determination: Alcohol Abuse, EPTE. Recommendation: Abstain from alcohol, which he was able to do, He was recommended for Level II alcohol treatment. He does not require inpatient alcohol rehabilitation.

920116:  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 920129 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 discussed his reasons for entering the service, his admitted pre service marijuana use, his youth and immaturity.

 The Board found that the applicant’s age, education level, and test scores qualified him for enlistment. While he may feel his immaturity was a factor that contributed to his action, the record clearly reflects his willful disregard for the requirements of military discipline and demonstrated that he was unfit for further service. The record is devoid of evidence that the applicant was not responsible for his conduct or that he should not be held accountable for his actions.

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 police and parole records to support his request for upgrade. 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 recommended

Pertinent Regulation/Law (at time of discharge)

 A. Navy Military Personnel Manual, (NAVPERS 15560C), effective 15 Aug 91 until 04 Mar 93, 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 " 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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