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NAVY | DRB | 2001_Navy | ND01-00537
Original file (ND01-00537.rtf) Auto-classification: Denied


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

ex-AMS3, USN
Docket No. ND01-00537

Applicant’s Request
The application for discharge review, received 010320, requested that the characterization of service on the discharge be changed to honorable or 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 010719. 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. During my service to the united states navy I was a young man. I still had several 'friends" from my civilian life who steered me in the wrong direction when on leave. I though that trying drugs (marijuana) would be ok. I was wrong. It go me discharge from the best job I ever had. Since then I had to face my family and friends with he knowledge that I let them down along with my country. Upon the death of my father I felt that maybe one day I could go to his grave and show him an honorable discharge. I had to at least try. My service other than the obvious problem was worthwhile and a great experience. I traveled the world, received more than 1 Letter of Commendation, was the company honor man in boot camp and received awards. I took part in all I could, worked hard and did well in advancement. Please help me to show that I was a good sailor and a competent airframer. Dont let a young mans mistake blur the fact I am a good person, a true american and love my country. I am sorry for what I did but I feel that I have suffered long enough. Shame is not something I want a live with the rest of my life. I am a family man now and want to be proud of my service to my country. Please find it in your heart to help me. God Bless America! Thank you in advance.

 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)     830721 - 840624  COG

 Period of Service Under Review :
Date of Enlistment: 840625               Date of Discharge: 870611

 Length of Service (years, months, days):

         Active: 02 11 17
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 61

 Highest Rate: AMS3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.70 (2)    Behavior: 3.80 (2)                OTA: 3.80

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR

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 :

850905:  NJP for violation of UCMJ, Article 86: UA from 0330-0440 HGR Watch 850724; violation of UCMJ, Article 92: Failure to obey a lawful order to wit: consuming alcohol in a duty status.
         Award: Forfeiture of $100.00 per month for 1 month, restriction for 5 day, 2 day extra watch outside duty day, reduction to E-2 (suspended for 6 months). No indication of appeal in the record.
850909:  Retention Warning: Advised of deficiency (Consuming alcohol while in a duty status, and unauthorized absence), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

870416:  Medical evaluation found the applicant not drug or alcohol dependent.

870420:  NJP for violation of UCMJ, Article 112a: Wrongfully use marijuana, a schedule I controlled substance.
Award: Forfeiture of 1/2 months pay for 2 months (suspended for 6 months), reduction to E-3 (suspended for 6 months). No indication of appeal in the record.
870425:  DAAR indicates applicant is not dependent, not eligible, recommended for Level I Treatment.
870512:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by positive urinalysis test for cannabinoids (NAVHOSP Oakland message DTG 131614Z Mar 87).
870512:          Applicant advised of his rights and having elected to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

870512:  DAAR indicates applicant is not dependent, not eligible, recommended for Level I Treatment.

870526:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

870603:  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 870611 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 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 Board found that the applicant was awarded NJP on 2 separate occasions for unauthorized absence, failing to obey an order and wrongful use of a controlled substance. In response to the applicant’s issue 1, the applicant’s service is accurately characterized as having been performed under other than honorable conditions. Relief is not warranted.

There is no law or regulation that provides for the upgrade of an unfavorable discharge based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the Service. However, the Board is authorized to consider post-service factors in the recharacterization of a discharge (D). Those factors include, but are not limited to, the following: evidence of continuing educational pursuits (transcripts, diplomas, degrees, vocational-technical certificates), a verifiable employment record (Letter of Recommendation from boss), documentation of community service (letter from the activity/community group), certification of non-involvement with civil authorities (police records check) and proof of his not using drugs (detoxification certificate, AA meeting attendance or letter documenting participation in the program) in order for consideration for clemency based on post-service conduct. At this time, the applicant has not provided any documentation of good character and conduct. Therefore no relief will be granted. 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.

 Pertinent Regulation/Law (at time of discharge)

 A. Navy Military Personnel Manual, (NAVPERS 15560), Change 7/86, effective
15 Dec 86 until 14 Jun 87, 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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