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NAVY | DRB | 2002_Navy | ND02-00432
Original file (ND02-00432.rtf) Auto-classification: Denied


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

ex-AKAA, USNR
Docket No. ND02-00432

Applicant’s Request
The application for discharge review, received 020221, 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 the Applicant was informed that he 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 021029. 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. When I joined the Navy, I had just graduated high school and was very young. I could not imagine that I could be discriminated against, for the rest of my life for making a mistake. I loved being in the Navy. To this day I wish I would have trusted & believed my superior officers. But I was scared, and thought I would never be advanced in rank. My superior officers pleaded with me to take some kind of class and I could stay in the Navy. But I believed that I would never advance in my field (I was presented with an award for - superior duty & performance as an Aviation Store Keeper) I was very proud of my job and my accomplishments in the Navy. I can only imagine myself in the Navy today. That would be great. Please upgrade my discharge, I served with honor, and did a good job. I feel, I never should have been discharged. Thank you for taking the time to address this issue, it means a more positive future for my family and myself.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of enlisted performance evaluation report dated 86Mar19 to 87Jan31
Copy of Letter of Appreciation for period 86Aug01 to 87Apr30

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: None

 Period of Service Under Review :
Date of Enlistment: 841229               Date of Discharge: 871029

 Length of Service (years, months, days):

         Active: 02 00 28
         Inactive: 00 09 02

 Age at Entry: 19                          Years Contracted: 8

 Education Level: 12                        AFQT: 66

 Highest Rate: AKAN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.40 (2)    Behavior: 2.40 (2)                OTA: 2.40

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR

 Days of Unauthorized Absence: 2

 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 :

851002:  Applicant ordered to active duty for 36 months under the Active Mariner Program.


851003:  Applicant briefed on Navy's policy on drug and alcohol abuse.
 Note: Applicant admitted to past use of marijuana on NAVCRUIT 1133/7. No action taken.
860213:  NJP for violation of UCMJ, Article 121: Larceny.
         Award: Forfeiture of $100 per month for 2 months, restriction and extra duty for 30 days. No indication of appeal in the record.
860213:  Retention Warning: Advised of deficiency (You have displayed a total disregard for authority and regulations by means of your involvement with military authorities through minor violations of the UCMJ.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

860218:  Applicant to unauthorized absence 0630, 18 Feb 86.

860220:  Applicant from unauthorized absence 0700, 20 Feb 86 (2 days/surrendered).

 870720:  NAVDRUGLAB, Oakland, CA reported Applicant's urine sample, received 870713, tested positive for THC.
870902:  NJP for violation of UCMJ, Article 112A: Wrongful use of a controlled substance on 8 Jul 87.
         Award: Forfeiture of $369 per month for 2 months, restriction and extra duty for 45 days, reduction to AKAA. No indication of appeal in the record.
870908:  CAAC evaluation for drug abuse found the Applicant to be a drug abuser, not drug dependent.

870928:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by violation of Uniform Code of Military Justice Article 112A, Applicant subject to and may be separated with a discharge which will reflect the severity of misconduct as appropriate.
870928:  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.
871001:  Commanding Officer, Attack Squadron NINE SEVEN recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use). Commanding Officer’s comments (verbatim): [AKAA G (Applicant) admitted to having smoked marijuana prior to his enlistment, and his further involvement in drug abuse demonstrates a blatant disregard for Navy policy…I strongly recommend that he be discharged from the Naval Service under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by punishment under the UCMJ for wrongful use of a controlled substance and his frank admission of guilt.]

871005:  Drug and Alcohol Abuse Report: Marijuana abuse. Abuse denied. Ashore off duty. Unit sweep urinalysis 870709. CAAC found Applicant not dependent. Commanding Officer recommended separate via VA hospital. Comments: AKAA (Applicant) is a young man who has run out of chances. He desires to be discharged from the Navy regardless of his discharge characterization. Recommend discharge from the Navy due to no potential for further service.
871018:  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 871029 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 Board found that the Applicant’s age, education level, and test scores qualified him for enlistment. While he may feel that his youth was a factor that contributed to his drug use, the record clearly reflects the Applicant’s willful disregard for the requirements of military discipline and demonstrated he had no potential for further service. 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 " afls14.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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