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NAVY | DRB | 2002_Navy | ND02-00046
Original file (ND02-00046.rtf) Auto-classification: Denied


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

ex-AR, USN
Docket No. ND02-00046

Applicant’s Request
The application for discharge review, received 011002, requested that the characterization of service on the discharge be changed to entry level separation or uncharacterized. 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 020701. 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, as submitted

 1. I joined the military at the age of 17. I made some mistakes and I know it was because I was so young. I was discharged because of illegal use of drugs a one time offense. I tried one time and it was the worse mistake of my life. I was discharged from the United States Navy and I have been depressed ever since. I'm a lot older now and I've learned from my mistakes that I made and I would like another chance. I want to be able to serve my country against the war against terrorism. I never used drugs before, but one time and like I said it was the worst mistake, and haven't use them since I know I'm a better person know and I know if I had the opportunity I could make it in the armed forces I'm just asking for one more chance to serve my country right.

 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)     980728 - 981229  COG

 Period of Service Under Review :
Date of Enlistment: 981230               Date of Discharge: 000217

 Length of Service (years, months, days):

         Active: 01 01 07
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 9                         AFQT: 35

 Highest Rate: AR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (1)    Behavior: 2.00 (1)                OTA: 2.86 (5.0 Evals)

 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, authority: NAVMILPERSMAN, Article 1910-146, formerly 3630620.

 Chronological Listing of Significant Service Events :

980203:  Retention Warning: Advised of deficiency (Failure to disclose pre-service civil involvement/convictions: Minor in possession of alcohol, November 1996, Salt Lake City, UT. Charges were never filed. The police record check indicated negative findings. The information concerning the above incidents was collected from information provided by the applicant at the Moment of Truth and a police record check). Notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

990430:  Civil Conviction: [Escambia County Court, Pensacola, FL] for Minor Possession of Alcohol under 21 years of age.
 Sentence: Placed on pre-trial diversion until 990604. Pre-trial diversion fee is $150.00.
990615:  NJP for violation of UCMJ, Article 86: Unauthorized absence 990521-990601 (11days/S), violation of UCMJ, Article 91: Disobedience, violation of UCMJ, Article 92: Order violation, violation of UCMJ, Article 134: Incapacitation for performance of duties.
Award: Forfeiture of $480.00 pay per month for 2 months, restriction and extra duty for 45 days. No indication of appeal in the record.
000114:  NJP for violation of UCMJ, Article 86: UA, leave appointed place of duty, violation of UCMJ, Article 92: Failure to obey a lawful order by drinking underage, violation of UCMJ, Article 112: Drunk while on duty, violation of UCMJ, Article 112a: Wrongful use of methamphetamine, violation of UCMJ, Article 128: Assault.
Award: Forfeiture of $502.00 pay per month for 2 months, restriction and extra duty for 45 days (5 days suspended for 6 months). No indication of appeal in the record.
000214:  COMCARGRU SEVEN 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 000217 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 used illegal drugs. Drug abuse warranted processing for separation, normally under other than honorable conditions. The discharge was proper and equitable. The NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces. Relief denied.

The applicant’s discharge characterization accurately reflects his service to his country. 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. Legal representation at a personal appearance hearing is highly recommended but not required. Relief denied.


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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