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NAVY | DRB | 2001_Navy | ND01-00539
Original file (ND01-00539.rtf) Auto-classification: Denied


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

ex-YNSN, USN
Docket No. ND01-00539

Applicant’s Request
The application for discharge review, received 010320, 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 designate a as his representative on the DD Form 293. In the acknowledgement letter the applicant was informed that he was approaching the 15 year point for review by this Board and was encouraged to attend a personal appearance hearing in the Washington, D.C. area. The Applicant did not respond.

Decision

A documentary discharge review was conducted in Washington, D.C. on 0107XX. 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 RECEIVED AWARDS AND DECORATIONS.
2. I HAD A PRIOR HONORABLE DISCHARGE.
3. ON MY SECOND RE-ENLISTMENT, MY ABILITY TO SERVE WAS IMPAIRED BECAUSE OF MARITAL AND FAMILY AND CHILD CARE PROBLEMS.
4. THE PUNISHMENT I GOT AT DISCHARGE WAS TOO HARSH - IT WAS WORSE THAN MOST PEOPLE GOT FOR THE SAME OFFENSE.
5. MY IMMATURITY AND INFLUENCED THE CONDUCT ON WHICH I WAS DISCHARGED.
6. MY AVERAGE CONDUCT AND EFFICIENCY RATINGS/BEHAVIOR AND PROFICIENCY MARKS WERE GOOD.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214 (Copy 4 and 1)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):

          Inactive: USNR (DEP)     850924 - 851007  COG
         Inactive: USNR            850302 - 870302*         HON
 Active: USN                        810303 - 850301  HON
          Inactive: USNR (DEP)     810113 - 810302  COG

* This date is incorrect and should be 85SEP23, one day prior to reenlistment under DEP on 85SEP24.

 Period of Service Under Review :
Date of Enlistment: 851008               Date of Discharge: 860317

 Length of Service (years, months, days):

         Active: 00 05 10                  Inactive: None

 Age at Entry: 27                          Years Contracted: 2

 Education Level: 12                        AFQT: 71

 Highest Rate: YN3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.8 (1)     Behavior: 1.0 (1)                 OTA: 2.8

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR, NUC, NEM, AFEM

 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 :

851008:  Reenlisted at MEPS Atlanta for 2 years.

 860207:  NJP for violation of UCMJ, Article 112a: wrongful use of marijuana.
         Award: Forfeiture of $350 per month for 2 months, restriction and extra duty for 30 days, reduction to E-3. No indication of appeal in the record.
860214:  NAVDRUGLAB, report: Identified during drug detector dog sweep Jan/86, mbr consented to urinalysis, positive for marijuana abuse, use 1-3 times per month, dependency evaluation not determined, not eligible for counseling/rehabilitation, separate from service (not via VA hospital), Mbr has no potential for further useful service.

860217:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by NJP on 7 Feb 86 for violation of UCMN Art 112a.
860217:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.
860218:  Medical evaluation for drug abuse found the applicant not physically/ psychology drug dependent.
860219:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. Commanding officer’s comments (verbatim): "It is recommended that YNSN (Applicant) be separated from the naval service with an Other Than Honorable discharge by reason of misconduct - drug abuse. YNSN (Applicant) was positive on a consent urinalysis after alerted on by drug dogs and was taken to NJP for use of marijuana. YNSN (Applicant) use of marijuana was a flagrant violation of the Navy's and the command's zero tolerance of drugs. YNSN (Applicant) is a god worker but due to his use of marijuana he is recommended for this separation."

860222:  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 860317 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 the applicant’s issue 1, the Board found




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 " 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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