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NAVY | DRB | 2002_Navy | ND02-00292
Original file (ND02-00292.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND02-00292

Applicant’s Request
The application for discharge review, received 020123, 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 to the applicant, she was informed that she 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. The applicant did not respond.

 Decision

A documentary discharge review was conducted in Washington, D.C. on 020829. 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, as submitted

 1. While on leave from the navy I received some shocking news. My mother informed me that my father whom I known and believed to be my biological father was not. So, while on leave my mother arranged for me to meet my real father and his immediate family. I was introduced to his mother. She was the most kindest, gentlest and meekest woman I have ever met. I was able to spend a little time with her; with what time I had left. When I arrived back where I was station, I was completely overwhelmed with this news and there was so many question that was left unanswered. So, I began to call her. I may have spoken to her 3x. I had only been back from leave for may be 3 months or 4. When one night I needed and wanted badly to call her (grandmother) so that we could really talk and get to know it other. My father was married with 8 children. I was not able to keep in contact with him, but my grandmother I was able. So that night I called her and she was ill and tiring to tell me how bad she was being treated by her children and how she just wished she could die. She told me that of all her grandchildren I brought joy to her heart even though it was a short period of time but she said I was made up of love and she would miss me. She said she needed heat, some groceries and her children was taken her money and not paying the bills. I want to reach out to her words to me was not enough after our conversation had ended I called my mother the next day. What she had told me disturb me much everything was happening so fast. When I called my mother I had a rude awakening. My mother informed my grandmother had died last night. I told my mother that I spoke to her just last night I just couldn't believe that would be the last time I would ever talk to her. I was hurt, confused so I ran into G_ this young lady and I had begun or arrived at our station together and had became close. She had offered to take me out to have a drink but she knew I really ever drink alcohol. To my surprise she had some weed I didn't know she smoke weed so she offered I took one - I mean one puff and said no this is not what I needed. I just wanted to talk and cry so she listens to my surprise the next day there was a urinalysis test I my number was called. I test positive. This was just too hard and too much to believe, I didn't try to fight it I knew I was guilty. I was discharged from the navy with other than honorable discharge.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214 (3 copies)
Copy of applicant's résumé (2 copies)
Copy of Associate in Arts degree dated June 1, 1998 (2 copies)
Copy of police record check dated May 29, 2001 (2 copies)
Character reference dated October 24, 2000
Character reference dated July 23, 2001
Character reference dated July 26, 2001
Character reference dated May 22, 2001
Character reference dated May 15, 2001 (2 copies)
Character reference dated May 11, 2000 (3 copies)
Character reference dated July 9, 1996
Character reference dated July 25, 1996
Copy of Written Test Pass Score Report dated January 29, 2002
Copy of certificate of completion dated December 16, 2001
Copy of certificate of completion dated December 29, 2001

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     851009 - 851016  COG

 Period of Service Under Review :
Date of Enlistment: 851017               Date of Discharge: 870127

 Length of Service (years, months, days):

         Active: 01 03 11
         Inactive: None

 Age at Entry: 26                          Years Contracted: 4

 Education Level: 13                        AFQT: 31

 Highest Rate: SA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (1)    Behavior: 1.00 (1)                OTA: 2.60

 Military Decorations: None

 Unit/Campaign/Service Awards: NER

 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 :

860320:  NJP for violation of UCMJ, Article 112a: Wrongfully use marijuana between 21 and 27 Feb 86.
         Award: Forfeiture of $310 per month for 2 months, restriction and extra duty for 45 days, reduction to SR. No indication of appeal in the record.
860321:  Retention Warning: Advised of deficiency (The testing of her urine sample tested positive for THC. This is the first instance of marijuana usage. Marijuana is a Schedule I controlled substance), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

860328:  Drug and Alcohol Abuse Report: Marijuana abuse, less than monthly. February 1986, ashore off duty. SAC determined applicant is not dependent and recommended Level I treatment. Inspection urinalysis, March 1986. Commanding Officer recommended retention. Comments: Member has potential for further naval service. No prior NJP. NJP this incident, Article 112a, awarded reduction in rate, extra duty and restriction for 45 days and forfeiture of pay of $310.00 for two months. No civil arrest pending. Member positive for THC on random urinalysis.

 870108:  Medical evaluation for drug abuse found the applicant to be a drug abuser, not drug dependent.

870108:  NJP for violation of UCMJ, Article 112a: Wrongful use of marijuana.
         Award: Forfeiture of $319 per month for 2 months, restriction and extra duty for 45 days, reduction to SR. No indication of appeal in the record.
870108:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by a positive urinalysis screening for THC (marijuana).
870108:  Applicant advised of her 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.
870109:  Applicant screened and evaluated as not dependent on THC or any other mood altering substance.
870109:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

870114:  Drug and Alcohol Abuse Report: Marijuana abuse, less than monthly. December 1986, ashore off duty. Urinalysis, December 1986. CAAC found applicant not dependent and recommended separation. Commanding Officer recommended separation. Comments: Member has no potential for further naval service, one prior NJP, Art 112a, wrongful use of marijuana. NJP this incident, Art 112a, wrongful use of marijuana (second incident). Member had a third positive urinalysis for THC on 30 Dec 86, no NJP for this incident. No civil charges pending. Member being processed for an administrative separation.

870119:  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 870127 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. There is credible evidence in the record that the applicant used illegal drugs. Drug abuse warranted processing for separation, normally under other than honorable conditions. While she may feel that emotional distress was a factor that contributed to her actions, the record clearly reflects her willful disregard for the requirements of military discipline and demonstrated that she was unfit for further service. The record is devoid of evidence that the applicant was not responsible for her conduct or that she should not be held accountable for her actions. Relief denied.

The applicant’s discharge characterization accurately reflects her service to her 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. Relief not warranted.



Pertinent Regulation/Law (at time of discharge)

 A. Navy Military Personnel Manual, (NAVPERS 15560), Change 7/86, effective
15 Dec 86 until 14 Jun 87, 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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