Search Decisions

Decision Text

NAVY | DRB | 2001_Navy | ND01-01055
Original file (ND01-01055.rtf) Auto-classification: Denied


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

ex-AR, USN
Docket No. ND01-01055

Applicant’s Request
The application for discharge review, received 010806, requested that the characterization of service on the discharge be changed to honorable or 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 020307. 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 – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. I wish to upgrade my discharge. I am newly married & wish to use home loan & apply for _____ benefits. I was young & with the wrong crowd. I smoked pot on an experimental basis & was not a habitual user. I had no other record of insubordination or fighting. I only smoked pot under peer pressure.

 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)     870130 - 870224  COG

 Period of Service Under Review :
Date of Enlistment: 870225               Date of Discharge: 880304

 Length of Service (years, months, days):

         Active: 01 00 10
         Inactive: None

 Age at Entry: 22                          Years Contracted: 4

Education Level: 12                        AFQT: 24

 Highest Rate: AR

 Final Enlisted Performance Evaluation Averages (number of marks):

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

 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 – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.

 Chronological Listing of Significant Service Events :

880126:  NAVDRUGLAB JACKSONVILLE FL, urinalysis report indicates applicant tested positive for THC.
880203:  CAAC found applicant not psychologically dependent on drugs.

 880204:  NJP for violation of UCMJ, Article 112a: Wrongful use of a controlled substance, to wit: THC, 1-14 January 1988.
Award: Forfeiture of $335.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-1. No indication of appeal in the record.
880204:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by positive unit sweep urinalysis conducted on 880114.
880204:  Applicant advised of his rights and having elected 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.

880208:  DAAR indicates marijuana abuse as a result of a unit sweep urinalysis, found not dependent by medical officer, recommended for Level II Treatment.

880208:  NJP for violation of UCMJ, Article 86: UA from appointed place of duty, 0730, 880207, violation of UCMJ, Article 91: Disobeyed a lawful order 880207.
         Award: Forfeiture of $335.00 per month for 2 months, restriction and extra duty for 45 days. No indication of appeal in the record.
880209:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

880224:  CNMPC 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 880304 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 Veterans Administration determines eligibility for post-service benefits, not the NDRB. There is no requirement or law that grants recharacterization solely on the issue of obtaining veterans’ benefits and this issue does not serve to provide a foundation upon which the Board can grant relief. The Board found that the applicant’s age, education level, and test scores qualified him for enlistment. While he may feel that his youth and peer pressure were factors that contributed to his actions, the record clearly reflects his willful disregard for the requirements of military discipline. The applicant used illegal drugs. Drug abuse warranted processing for separation, normally under other than honorable conditions. 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. 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. However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, 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. Verifiable proof of any post-service accomplishments must be provided in order for the applicant to claim post-service conduct and behavior as a reason to upgrade a less than Honorable discharge. Evidence of continuing educational pursuits, an employment record, documentation of community service, certification of non-involvement with civil authorities and proof of his not using drugs, are examples of verifiable documents that should have been provided to receive consideration for relief, based on post-service conduct. The applicant did not provide sufficient documentation to warrant an upgrade to his discharge. 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 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


Similar Decisions

  • NAVY | DRB | 2002_Navy | ND02-00405

    Original file (ND02-00405.rtf) Auto-classification: Denied

    Commanding Officer recommended separate from service.880304: Medical evaluation for drug abuse found the Applicant to be an episodic alcohol abuser and poly drug abuser, not drug dependent. 880311: 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 discharge under honorable conditions (general). PART III – RATIONALE...

  • NAVY | DRB | 1999_Navy | ND99-00304

    Original file (ND99-00304.rtf) Auto-classification: Denied

    ND99-00304 Applicant’s Request The application for discharge review, received 981222, requested that the characterization of service on the discharge be changed to general/under honorable conditions. Chronological Listing of Significant Service Events :970111: Drug and Alcohol Abuse Report: Marijuana abuse, unit sweep, less than monthly ashore off duty. Chief of Naval Operations Instruction (OPNAVINST 5350.4B) of 13 Sep 99 entitled Alcohol and Drug Abuse Prevention and Control PART IV -...

  • NAVY | DRB | 2001_Navy | ND01-00737

    Original file (ND01-00737.rtf) Auto-classification: Denied

    ND01-00737 Applicant’s Request The application for discharge review, received 010508, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to unfit for military duty. The applicant requested a documentary record discharge review. 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...

  • NAVY | DRB | 1999_Navy | ND99-00680

    Original file (ND99-00680.rtf) Auto-classification: Denied

    Age at Entry: 18 Years Contracted: 4 (24 month extension) Education Level: 12 AFQT: 89 Highest Rate: SA Final Enlisted Performance Evaluation Averages (number of marks): Performance: NOB Behavior: 1.00 (1) OTA: 1.00 Military Decorations: None Unit/Campaign/Service Awards: None Days of Unauthorized Absence: 8 Character, Narrative Reason, and Authority of Discharge (at time of issuance):UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630620. PART III –...

  • NAVY | DRB | 2004_Navy | ND04-00105

    Original file (ND04-00105.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-SR, USN Docket No. The Applicant requests the characterization of service received at the time of discharge be changed to general (under honorable conditions). At this time, the Applicant has not provided any documentation for the Board to consider an upgrade.

  • NAVY | DRB | 2002_Navy | ND02-00980

    Original file (ND02-00980.rtf) Auto-classification: Denied

    No indication of appeal in the record.000317: Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use). Given the Navy’s zero-tolerance drug policy, it is necessary that AOAR C_ (Applicant) be separated with an Other Than Honorable characterization of service as quickly as possible.] After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the...

  • NAVY | DRB | 2002_Navy | ND02-00532

    Original file (ND02-00532.rtf) Auto-classification: Denied

    940202: 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 discharge under honorable conditions (general). PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 940216 under honorable conditions (general) for misconduct due to drug abuse (use) (A). Drug abuse...

  • NAVY | DRB | 2002_Navy | ND02-00914

    Original file (ND02-00914.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant's resumé PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USNR (DEP) 900330 - 900719 COG Period of Service Under Review :Date of Enlistment: 900720 Date of Discharge: 930515 Length of Service (years, months, days):Active: 02 09 26 Inactive: None ]930508: Commanding Officer recommended...

  • NAVY | DRB | 2000_Navy | ND00-01033

    Original file (ND00-01033.rtf) Auto-classification: Denied

    Commanding officer’s comments: "Administrative Separation of Airman (Applicant) by reason of Misconduct - Drug Abuse is requested as a result of his wrongful use of controlled substance. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 880318 under other than honorable conditions for misconduct due to drug abuse (use) (A). After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the...

  • NAVY | DRB | 2002_Navy | ND02-00254

    Original file (ND02-00254.rtf) Auto-classification: Denied

    880803: CNMPC directed the applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use). 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 states he was released from the military with a handicap. Navy Military Personnel Manual, (NAVPERS 15560A), effective 15 Jun 87 until 10 Jan 89, Article...