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NAVY | DRB | 2001_Navy | ND01-00838
Original file (ND01-00838.rtf) Auto-classification: Denied


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


ex-YNSA, USN
Docket No. ND01-00838

Applicant’s Request
The application for discharge review, received 010606, 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 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 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues

 1. The worse decision I ever made in my life was the one pertaining to my discharge of the USN. I am haunted in my dreams about that past, if it was possible I would reenlist in a heartbeat. Since my discharge I have been getting certifications in recreational scuba diving. I have reached a point where I can complete my training and become a PADI SCUBA INST. This requires monies I don't presently have. I've found a school that is veterans approved. If I gain your approval for an upgrade I would like to try to use my G.I. Bill for this reason. I simply ask for you to have mercy on a once ignorant twenty one year old kid who made a terrible mistake that he will live with for the remained of his life.
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)     940103 - 940228  COG
Period of Service Under Review :
Date of Enlistment: 940301               Date of Discharge: 961127

 Length of Service (years, months, days):
         Active: 02 08 27
          Inactive: None

 Age at Entry: 19                          Years Contracted: 4 (13 months extension)
Education Level: 12                        AFQT: 57
Highest Rate: YNSN

 Final Enlisted Performance Evaluation Averages (number of marks):
Performance: 3.73 (3)    Behavior: 3.73 (3)                OTA: 3.80 (4.0 Evals)
                   3.00(2)                  3.00 (2)                          2.66 (5.0 Evals)
Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, OSR, Pistol Expert Medal, MUC
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 3630620.

 Chronological Listing of Significant Service Events :

961106:  Applicant refused screening by CAAC for drug dependency.
961112:  DAAR indicates applicant was self referred for cocaine abuse.
961112:  NJP for violation of UCMJ, Article 86: (5 Specification ), Spec 1 : Did, on or about 0530, 961005, without authority, absent himself from his place of duty at which he was required to be, to wit: Security Department, located on at NAS Barbers Point, Hawaii, and did remain so absent until on or about 1245, 961005, Spec 2 : Did, on or about 0530, 961006, without authority, absent himself from his place of duty at which he was required to be, to wit: Security Department, located on at NAS Barbers Point, Hawaii, and did remain so absent until on or about 1313, 961006, Spec 3 : Did, on or about 0530, 961028, without authority, absent himself from his place of duty at which he was required to be, to wit: Admin Department, located on at NAS Barbers Point, Hawaii, and did remain so absent until on or about 1117, 961028, Spec 4: Did, on or about 0730, 961029, without authority, absent himself from his place of duty at which he was required to be, to wit: Admin Department, located on at NAS Barbers Point, Hawaii, and did remain so absent until on or about 1345, 961030, Spec 5 : Did, on or about 0730, 961108, without authority, absent himself from his place of duty at which he was required to be, to wit: Admin Department, located on at NAS Barbers Point, Hawaii, and did remain so absent until on or about 1416, 961112; violation of UCMJ, Article 112a: Did, on Oahu Hawaii, on diverse occasions between on or about 91021 until on or about 961101, wrongfully use cocaine, a scheduled I controlled substance, methamphetamine, a schedule II controlled substance, and tetrahydrocannabinol (THC), a schedule I controlled substance.
         Award: Forfeiture of $485.35 per month for 2 months, restriction to NAS Barbers Point for 45 days, extra duty for 45 days, reduction to next inferior paygrade. No indication of appeal in the record.
961119:  NAVDRUGLAB urinalysis report indicates applicant tested positive for Amphetamine, Cocaine, Methamphetamine, and Tetrahydrocannabinol.
961121:  Applicant acknowledged his diagnosis as drug dependent and declined treatment.
961121:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by your CO's NJP on 961112.
961121:          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.
961121:  Commanding Officer, Naval Air Station, Barbers Point recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

961121:  Commander, Naval Base, Pearl Harbor, Hawaii authorized 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 961127 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).
Issue 1. The Board’s charter limits its review to a determination on the propriety and equity of the discharge. The applicant used illegal drugs. Drug abuse warranted processing for separation, normally under other than honorable conditions. The discharge was proper and equitable. Relief denied.
The applicant’s discharge characterization accurately reflects his service to his country. The discharge was proper and equitable. Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question. No such error or injustice occurred during the applicant’s enlistment. Additionally, 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 civilian life, subsequent to leaving the service. He 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. The applicant can provide additional documentation to support any claims of post-service accomplishments at that time. Legal representation at a personal appearance hearing is highly recommended but not required. Relief denied.



Pertinent Regulation/Law (at time of discharge)
A . Navy Military Personnel Manual, (NAVPERS 15560C), Change 14, effective
03 Oct 96 until 11 Dec 97, Article 3630620 SEPARATION OF ENLISTED PERSONNEL 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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