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NAVY | DRB | 2001_Navy | ND01-00549
Original file (ND01-00549.rtf) Auto-classification: Denied


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

ex-RM3, USN
Docket No. ND01-00549

Applicant’s Request
The application for discharge review, received 010321, 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 010808. 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: GENERAL UNDER HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-146, formerly Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. My case was based on an isolated incident in the civilian community while on active duty. All charges were dropped by the state, but I was still discharged with little evidence at my review.

2. At the time of my review, I had an impeccable service record. I was also rated as one of the highest RM3's in operation for completing qualifications up to duty operation and CWO.

3. Living as a civilian, I'm now employed at Target Department Store as a manager earning a very good salary to support myself and family, please consider these issues in regards to my upgrading.

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

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        930823 - 960721  HON
         Inactive: USNR (DEP)     930408 - 930822  COG

 Period of Service Under Review :
Date of Enlistment: 960722               Date of Discharge: 980908

 Length of Service (years, months, days):

         Active: 02 01 16
         Inactive: None

 Age at Entry: 19                          Years Contracted: 5

Education Level: 12                        AFQT: 43

 Highest Rate: RM3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (1)    Behavior: 2.00 (1)                OTA: 2.83 (5.0 EVALS)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SDR, BATTLE"E"RIBBON

Days of Unauthorized Absence: None

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

GENERAL UNDER HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-146, formerly 3630620.

 Chronological Listing of Significant Service Events :

960722:  Reenlisted onboard USS EMORY S. LAND (AS-39) for 5 years.
971209:  Civil conviction at Chesapeake General District Court for possession of marijuana.      
         Sentence: Placed in the First Offenders Program.

980317:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense and misconduct due to drug abuse as evidenced by your civilian conviction on 971209.
980328:          Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
980511:  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had committed misconduct due to commission of a serious offense and misconduct due to drug abuse, that the misconduct warranted separation, and recommended discharge general under honorable conditions.

980629:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

980825:  BUPERS directed the applicant's discharge general under 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 980908 general under 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 first issue states: “My case was based on an isolated incident in the civilian community while on active duty. All charges were dropped by the state, but I was still discharged with little evidence at my review.” The Board found no impropriety or inequity in the applicant’s discharge. The record clearly shows that the applicant was found guilty of possession of marijuana in the Chesapeake General District Court in the Commonwealth of Virginia and was placed on probation in the First Offender Program. The applicant was properly processed for his drug possession. Relief is denied.

The applicant’s second issue states: “At the time of my review, I had an impeccable service record. I was also rated as one of the highest RM3's in operation for completing qualifications up to duty operation and CWO.” The Board found the applicant’s misconduct outweighed the positive aspects of his enlistment. The discharge the applicant received accurately characterizes his service. Relief is denied.

The applicant’s third issue states: “Living as a civilian, I'm now employed at Target Department Store as a manager earning a very good salary to support myself and family, please consider these issues in regards to my upgrading.” While the Board may consider post service contributions the applicant failed to provide documentation of his sobriety, employment history, police record, or voluntary community service. Relief is denied.

 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 . The Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective 12 Dec 97 to 19 May 99, 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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