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NAVY | DRB | 2001_Navy | ND01-00941
Original file (ND01-00941.rtf) Auto-classification: Denied


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

ex-MMFA, USN
Docket No. ND01-00941

Applicant’s Request
The application for discharge review, received 010723, 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. In the acknowledgement letter the applicant was informed that he was approaching the 15 year point for review by this Board and was encouraged to attend a personal appearance hearing in the Washington, D. C. area.
Applicant did not respond.
 Decision

A documentary discharge review was conducted in Washington, D.C. on 020130. 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 HONORABLE CONDITIONS (GENERAL)/Misconduct – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. My discharge was inequitable because I appealed my discharge, and it was recommended by the panel of officers that heard my appeal that I remain on active duty, which would have led to an honorable discharge upon completion of my service.

 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)     830923 - 831226  COG

 Period of Service Under Review :
Date of Enlistment: 831227               Date of Discharge: 880104

 Length of Service (years, months, days):

         Active: 04 00 08
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4 (24 month extension)

 Education Level: 12                        AFQT: 88

 Highest Rate: MM3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.57 (6)    Behavior: 3.44 (6)                OTA: 3.56

 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 HONORABLE CONDITIONS (GENERAL)/Misconduct – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.

 Chronological Listing of Significant Service Events :

831230:  Applicant briefed on Navy's policy on drug and alcohol abuse.

840809:  Applicant briefed on Navy's policy on drug and alcohol abuse.

 870113:  NJP for violation of UCMJ, Article 112A: Wrongful use of marijuana on 10Dec86.
         Award: Forfeiture of $420 per month for 2 months, restriction and extra duty for 45 days, reduction to MMFN. No indication of appeal in the record.
870514:  NJP for violation of UCMJ, Article 112A: Wrongful use of a controlled substance, to wit: marijuana, on 18Feb87.
         Award: Forfeiture of $369 per month for 2 months, restriction and extra duty for 45 days, reduction to MMFA. No indication of appeal in the record.
870617:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by two nonjudicial punishments for wrongful use of a controlled substance.
870716:  Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
871002:  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had committed misconduct due to drug abuse, that the misconduct warranted separation, and recommended retention.

871111:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use). CO recommended retention.

871202:  Chief of Naval Personnel forwarded recommendation for discharge under honorable conditions (general) by reason of misconduct due to drug abuse (use) to Assistant Secretary of the Navy (Manpower and Reserve Affairs).

871214:  Assistant Secretary of the Navy (Manpower and Reserve Affairs) approved discharge.

871222:  CNMPC directed the applicant's discharge under honorable conditions (general) by reason of misconduct due to drug abuse (use).

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 880104 under honorable conditions (general) 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. As a repeat drug offender, the applicant’s case warranted mandatory processing for separation. An Administrative Discharge Board found that the applicant had committed misconduct due to drug abuse, based upon a preponderance of the evidence, and by unanimous vote recommended retention. The Commanding officer also recommended retention. However, the Chief of Naval Personnel recommended separation and the Assistant Secretary of the Navy (Manpower and Reserve Affairs), the separation authority, approved and directed the applicant’s discharged under Honorable conditions (General). The discharge process was proper and equitable. Relief denied.

 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. 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 15560A), effective 15 Jun 87 until
10 Jan 89, 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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