Search Decisions

Decision Text

NAVY | DRB | 2002_Navy | ND02-00215
Original file (ND02-00215.rtf) Auto-classification: Denied


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


ex-MSSN, USN
Docket No. ND02-00215

Applicant’s Request
The application for discharge review, received 020108, 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.

Decision

A documentary discharge review was conducted in Washington, D.C. on 020731. 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 3630620.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues, as submitted

Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank.

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: USNR              880126 - 901029  HON
          Inactive: USNR            871017 – 880125  COG

 Period of Service Under Review :
Date of Enlistment: 901030               Date of Discharge: 941019

 Length of Service (years, months, days):
         Active: 04 08 20
          Inactive: None
Age at Entry: 25                          Years Contracted: 5
Education Level: 12                        AFQT: 29

 Highest Rate: MS3
Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.60 (5)    Behavior: 3.64 (5)                OTA: 3.64
Military Decorations: None

 Unit/Campaign/Service Awards: GCM, NDSM, BEA, SSDR
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 3630620.

 Chronological Listing of Significant Service Events :

910708:  Civil Conviction for reckless driving. Charge dropped to improper driving.
 Sentence: Fine $50.00 plus court cost.
940721:  Medical evaluation for drug abuse found the applicant to be a drug abuser, not drug dependent. [Extracted from CO's message dated 8Sep94.]
940812:  NJP for violation of UCMJ, Article 112A: Wrongful use of a controlled substance between 19Jun94 and 22Jun94, to wit: THC.
         Award: Forfeiture of $531.90 per month for 2 months, restriction and extra duty for 30 days, reduction to MSSN. No indication of appeal in the record.
940815:  Drug and Alcohol Abuse Report: Marijuana abuse, less than monthly. Random urinalysis 940622. Physician found applicant not dependent and recommended separate from service. Commanding Officer recommended separate.
940819:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by service record entries.
940819:  Applicant advised of his rights and having elected not 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.
940908:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).
941005:  BUPERS 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 941019 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 applicant’s discharge characterization accurately reflects his service to his country. The discharge was proper and equitable. 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 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 . Navy Military Personnel Manual, (NAVPERS 15560C), Change 9/94, effective
22 Jul 94 until 02 Oct 96, 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 | 1999_Navy | ND99-00267

    Original file (ND99-00267.rtf) Auto-classification: Denied

    PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 980224 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 Board found that the characterization of discharge was improper due to the applicant’s self-referral for drug use and shall be changed (C and D).The applicant introduced no decisional...

  • NAVY | DRB | 1999_Navy | ND99-00927

    Original file (ND99-00927.rtf) Auto-classification: Denied

    Thank You Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of DD Form 214 College course from Central Connecticut State University Copy of Degree Associate in Science dated May 1997 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USNR (DEP) 930318 - 930621 COG Period of Service Under Review :Date of Enlistment: 930622 Date of Discharge:...

  • NAVY | DRB | 2004_Navy | ND04-00174

    Original file (ND04-00174.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. I feel I was contaminated from being at the concert.” 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): Inactive: USNR (DEP) 911106 - 911220 COG Active: None Period of Service...

  • NAVY | DRB | 2003_Navy | ND03-00195

    Original file (ND03-00195.rtf) Auto-classification: Denied

    After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was considered by the NDRB. At this time, the applicant has not provided any documentation for the Board to consider. Therefore, no relief will be granted.The applicant is reminded that he is eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from...

  • NAVY | DRB | 2001_Navy | ND01-00205

    Original file (ND01-00205.rtf) Auto-classification: Denied

    ND01-00205 Applicant’s Request The application for discharge review, received 001207, requested that the characterization of service on the discharge be changed to general/under honorable conditions. 850312: Applicant informed evaluated as a drug or alcohol abuser and placed in rehabilitation. 860221: Medical evaluation for drug abuse found the applicant to be an infrequent drug abuser, not drug dependent.

  • NAVY | DRB | 2003_Navy | ND03-00247

    Original file (ND03-00247.rtf) Auto-classification: Denied

    In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing. 910913: 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 other than honorable conditions. You may view DoD Directive...

  • NAVY | DRB | 2000_Navy | ND00-00675

    Original file (ND00-00675.rtf) Auto-classification: Denied

    (Equity Issue) As the documentary evidence of record supports, this former ,member opines that his post-service conduct has been sufficiently creditable to warrant the Board’s clemency relief as authorize under provisions of SECNAVINST 5420.174C, enclosure (1), paragraph 9.3. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 920828 under Other Than Honorable conditions for misconduct due to Drug abuse (Use) (A). Navy Military...

  • NAVY | DRB | 2003_Navy | ND03-00131

    Original file (ND03-00131.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. Therefore, relief is not warranted.The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge. You may view DoD Directive 1332.28 and other Decisional Documents by going online at " afls14.jag.af.mil ".The names, and votes of the members of the Board are...

  • NAVY | DRB | 2000_Navy | ND00-00327

    Original file (ND00-00327.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Comments from American Legion dated March 16, 2000 Copy of DD Form 214 and 215 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USNR (DEP) 930914 - 931205 COG Period of Service Under Review :Date of Enlistment: 931206 Date of Discharge: 950315 Length of Service (years, months, days):Active: 01 03...

  • NAVY | DRB | 2001_Navy | ND01-00504

    Original file (ND01-00504.rtf) Auto-classification: Denied

    I were being consider for a medical review board. After a thorough review of the records, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).In response to the applicant’s issue, the Board found that a medical diagnosis on active duty or during post-service, and whether proper or improper, is not an issue upon which this Board can grant relief. At this time, the applicant has not provided any documentation of good character...