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NAVY | DRB | 2001_Navy | ND01-00848
Original file (ND01-00848.rtf) Auto-classification: Denied


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

ex-AA, USN
Docket No. ND01-00848

Applicant’s Request
The application for discharge review, received 010611, 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 020110. 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

 1. Please review the attached documents.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copies of DD Form 214 (2)
Copy of Detaching Endorsement to Orders (9pgs)
Copy of Itinerary/Invoice
Copy of Official Change of Duty Orders (5pgs)
Letters from Chairman, Board for Correction of Naval Records (2ltrs/3pgs)
Copy of Commander's Discharge Authorization Letter (2pgs)
Copies of Transcript from Crawford Senior High School (2)
Copies of Disclosure Form (2)
Copies of GI Bill Letter (2)
Copy of Transcript from Rancho Santiago College
Copies of Evaluation Report & Counseling Record (4pgs)
Copy of Performance Information Memorandum
Copy of Certificate of Recognition Letter


PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     960229 - 960603  COG

 Period of Service Under Review :
Date of Enlistment: 960604               Date of Discharge: 990219

 Length of Service (years, months, days):

         Active: 02 08 16
         Inactive: None

 Age at Entry: 33                          Years Contracted: 3

Education Level: 10                        AFQT: 47

 Highest Rate: AN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.25 (4)    Behavior: 2.50 (4)                OTA: NMA

 Military Decorations: None

 Unit/Campaign/Service Awards: M16A Rifle Marksman, SSDR, AFSM

 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 :

990127:  NAVDRUGLAB, JACKSONVILLE, FL urinalysis report indicates applicant tested positive for cocaine [Extracted from case file].
990203:  NJP for violation of UCMJ, Article 112a: Wrongfully use cocaine.
Award: Forfeiture of $590.00 per month for 2 months, restriction for 45 days, reduction to E-2. No indication of appeal in the record.
990203:  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] [Extracted from case file].
990203:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights [Extracted from case file].
990210:  Commanding Officer, Sea Control Squadron 30 recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

990216:  Commander, Navy Region Southeast authorized the applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use) [Extracted from case file].

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 990219 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).

 The applicant’s issue states: “Please review the attached documents.” The Board considered the applicant’s documents. Notably absent were documents supporting post service accomplishments such as: educational pursuits, sobriety, employment history, clean police record and volunteer community service. The NDRB found the discharge proper and equitable as assigned. Relief is not warranted.
The applicant remains 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 highly 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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