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NAVY | DRB | 2001_Navy | ND01-00621
Original file (ND01-00621.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND01-00621

Applicant’s Request
The application for discharge review, received 010405, 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 011018. After a thorough review of the records, 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 would like for you to review my discharge. Im not currently on drug I clean myself up. I have problem that came from my service duty. And I would like to use some benefits to help with some problem.

 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: None
         Inactive: USNR (DEP)     890510 - 890515  COG

 Period of Service Under Review :
Date of Enlistment: 890516               Date of Discharge: 910827

 Length of Service (years, months, days):

         Active: 02 03 12
         Inactive: None

 Age at Entry: 23                          Years Contracted: 4

 Education Level: 12                        AFQT: 34

 Highest Rate: SN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.50 (2)    Behavior: 3.50 (2)                OTA: 3.00

 Military Decorations: None

 Unit/Campaign/Service Awards: SASM with Bronze Star, NDSM, SSDR

 Days of Unauthorized Absence: 12

 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 :

890517:  Applicant briefed on Navy's policy on drug and alcohol abuse.

 901212:  NJP for violation of UCMJ, Article 112A: Wrongful use of cocaine on 26Nov90.
         Award: Forfeiture of $362 per month for 2 months, restriction and extra duty for 45 days, reduction to E-2. Forfeiture and reduction suspended for 6 months. No indication of appeal in the record.
910626:  NJP for violation of UCMJ, Article 112A: Wrongful use of cocaine on 12Jun91.
         Award: Forfeiture of $376 per month for 2 months, restriction and extra duty for 45 days, reduction to SR. No indication of appeal in the record.
910701:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse and misconduct due to commission of a serious offense as evidenced by Commanding Officer's nonjudicial punishment of 26Jun91 for violation of the Uniform Code of Military Justice, Article 112A: Wrongful use of cocaine on or about 12Jun91. Awarded: Restriction and extra duty for 45 days; forfeiture of $376.00 pay per month for two months; and reduction to the pay grade of E-1.
910701:          Applicant advised of his rights and having elected not to consult 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.
910711:  Medical evaluation for drug abuse found the applicant to be a drug abuser, not drug dependent.
910716:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense and misconduct due to drug abuse (use).

910812:  Applicant to unauthorized absence 0700, 12Aug91.

910814:  BUPERS directed the applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

910821:  Applicant from unauthorized absence 0900, 21Aug91 (9 day/surrendered).

910823:  Applicant to unauthorized absence 0700, 23Aug91.

910826:  Applicant from unauthorized absence 1520, 26Aug91 (3 days/surrendered).

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 910827 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, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).

In response to the applicant’s issue, the Board found nothing in the records nor did the applicant submit any supporting documentation that shows that the applicant completed any drug rehabilitative treatment or proof that he is no longer using drugs. Additionally, there is no record of any problem(s) that the applicant experienced which resulted from his military service. The Board will not grant relief on the basis of this issue.

The following is provided for the applicant’s edification. 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 existed during the period of enlistment in question. No such error was discovered in this case. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge (D), 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. Examples of these factors include, but are not limited to, continuing education, voluntary community service, proof of not using illegal drugs or drug rehabilitation, record of employment and proof of non-involvement with civil authorities. The applicant did not provide any post-service documentation for the Board to consider. The applicant is reminded that he remains eligible for a personal appearance hearing provided an application is received at the NDRB within 15 years from the date of his discharge. Representation at personal appearance hearing is highly recommended but not required.

Pertinent Regulation/Law (at time of discharge)

 A. Navy Military Personnel Manual, (NAVPERS 15560A), Change 11, effective
14 Jun 90 until 14 Aug 91, 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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