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NAVY | DRB | 2001_Navy | ND01-00797
Original file (ND01-00797.rtf) Auto-classification: Denied


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

ex-AZAN, USN
Docket No. ND01-00797

Applicant’s Request
The application for discharge review, received 010522, 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 listed Lee County Veterans Affairs as the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 011214. 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, authority: NAVMILPERSMAN, Article 1910-146, formerly Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. I received an under other than honorable discharge on June 26, 1998. The reason I was discharged was for smoking marijuana. I was twenty at the time, and I've matured. Inside this letter I have three references attaining to my behavior since I have been home.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Letter from A___ M. M___ (Lee County Veterans Affairs Officer)
Reference Letters (3)
Copies of DD Form 214 (2)
Copy of Police Record Check Letter

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     951221 - 960625  COG

 Period of Service Under Review :
Date of Enlistment: 960626               Date of Discharge: 980626

 Length of Service (years, months, days):

         Active: 02 00 01
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 65

 Highest Rate: AZAN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMA                  Behavior: NMA             OTA: NMA                 

Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: None

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

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

 Chronological Listing of Significant Service Events :

980501:  NAVDRUGLAB, JACKSONVILLE FL urinalysis report indicates applicant tested positive for THC.

980505:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by a positive urinalysis on 980428.
980505:  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 submit statements to the administrative board or the separation authority in lieu of a hearing and to obtain copies of the documents used to support the basis for the separation.

980511:  DAPA screening indicates member was referred to clinic by his Command DAPA after testing positive for THC on a random command urinalysis test. The command was notified on 04 May 1998 of his positive results. He admits to smoking marijuana about 1 week prior to the urinalysis. He admits to the occasional use of marijuana over the past 2 years of active service. He denies any other drug use. He admits marijuana use prior to his enlistment. He was not given a waiver for this. He admits to drinking 2 beers and 2 shots of liquor a weekly. He has not been in treatment for alcohol or drugs abuse. He denies that his drinking or drugs use has interfered with his job performance. He denies reporting to work hung over or using drugs or alcohol on the job. He has not tried to stop using either drugs or alcohol. He started drinking at age 14 consuming beer and liquor. His consumption increased over the years. His first started smoking marijuana at age 15. He denies experimenting with other drugs. He denies any family history of drug or alcohol abuse. He has had no medical problems or hospital admission secondary to his drug and alcohol use. He is on no prescription or over the counter medication. This member case meet the criteria for Alcohol and Substance Abuse, he is not alcohol or drug dependent, recommend that he be process for separation from U.S. Navy as per DOD and Navy policy, observe for further substance abuse pending separation.

980526:  Memorandum from applicant to Chief of Naval Personnel (PERS-83) reversing his decision to election of right to submit a statement to discharge authority.

980617:  Commander, Naval Base, Norfolk directed the applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

980706:  Officer in Charge, Naval Air Maintenance Training Group Detachment, Oceana recommended 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 980626 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 response to the applicant’s issue , the Board found that the applicant's age, education level, and test scores qualified him for enlistment. While he may feel that 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 recharacterization of a discharge. However, 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, is considered. The applicant provided three letters of reference as documentation of his post-service. The applicant's efforts need to be more encompassing than those provided. The applicant should have produced evidence of continuing educational pursuits, a verifiable employment record, documentation of community service, certification of non-involvement with civil authorities and proof of his not using drugs in order for consideration for clemency based on post-service conduct. At this time the applicant has not provided sufficient documentation of good character and conduct. Therefore no relief will be granted. He is encouraged to continue with his pursuits and is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. Relief denied.

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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