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NAVY | DRB | 2001_Navy | ND01-00956
Original file (ND01-00956.rtf) Auto-classification: Denied


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

ex-EWSR, USN
Docket No. ND01-00956

Applicant’s Request
The application for discharge review, received 010717, 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 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 OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-146, formerly Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. I would respectfully request board members to note no evidence of my misconduct was found or used, my own statement was used for my discharge.

 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)     981130 - 981207  COG

 Period of Service Under Review :
Date of Enlistment: 981208               Date of Discharge: 000516

 Length of Service (years, months, days):

         Active: 01 05 09
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 10 GED           AFQT: 74

 Highest Rate: EWSA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.00 (2)    Behavior: 1.00 (2)                OTA: 1.67

 Military Decorations: None

 Unit/Campaign/Service Awards: AFEM, NER

 Days of Unauthorized Absence: 14

 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 :

000325:  Applicant to unauthorized absence 0715, 25Mar00.

000328:  Applicant missed ship's movement.

 000409:  Applicant from unauthorized absence 2245, 9Apr00 (14 days/surrendered).
000419:  NJP for violation of UCMJ, Article 86: Failure to go to appointed place of duty, violation of UCMJ, Article 87: Missing movement, violation of UCMJ, Article 112A: Wrongful use of a controlled substance.
         Award: Forfeiture of $503 per month for 2 months, restriction and extra duty for 45 days, reduction to EWSR. No indication of appeal in the record.
000000:  Medical evaluation for drug abuse found the applicant to be a drug abuser, not drug dependent.

000421:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
000421:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to submit a statement.
000421:  Applicant's statement found in service record.

 000426:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

000426:  Commander, Carrier Group FIVE directed 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 000516 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 applicant admitted to her Commanding Officer that she used illegal drugs. This constitutes sufficient reason for mandatory processing for discharge. Based on the applicant’s service record and all supporting documentation provided, the discharge characterization accurately reflects her service to her country. Drug abuse in this case warranted processing for separation under Other Than Honorable conditions. The discharge was proper and equitable. Relief denied.

 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. The applicant is eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of her discharge. Legal representation at a personal appearance hearing is highly recommended but not required.

Pertinent Regulation/Law (at time of discharge)

 A . The Naval Military Personnel Manual, (NAVPERS 15560C), Change 24, effective 20 May 99 until 26 March 2000, 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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