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NAVY | DRB | 2002_Navy | ND02-00584
Original file (ND02-00584.rtf) Auto-classification: Denied


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

ex-OSSN, USNR
Docket No. ND02-00584

Applicant’s Request
The application for discharge review, received 020329, 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 designate a 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. Applicant did not respond.

Decision

A documentary discharge review was conducted in Washington, D.C. on 030107. 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.

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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:
Copy of DD Form 214
 NPRC letter to the Applicant dated March 11, 2002, concerning separation documents

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: 850227               Date of Discharge: 870928

 Length of Service (years, months, days):

         Active: 02 04 23
         Inactive: 00 02 10

 Age at Entry: 20                          Years Contracted: 8

 Education Level: 10                        AFQT: 78

 Highest Rate: OSSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.1 (4)     Behavior: 3.1 (4)                 OTA: 3.28

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR

 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 :

850506:  Commenced 36 months active duty under the Active Mariner Program.

 850830:  NJP for violation of UCMJ, Article 92: failure to obey a regulation on 21 Aug 85.
         Awarded restriction and extra duty for 7 days and forfeiture fo $75.00 pay per month for 1 month. No appeal in record. [Extracted from USS NIMITZ message 171931Z Aug 87.]
850830:  Retention Warning: Advised of deficiency (disciplinary infractions or misconduct with military or civil authorities), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

860124:  Acknowledged adverse evaluation report, and elected not to make a statement.

870312:  Retention Warning: Advised of deficiency (command received three letters of indebtedness since 15 October 1986, indicating lack of responsibility and poor personal conduct), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

870424:  Medical screening (USS NIMITZ) for drug and alcohol abuse. CAAC referral. No motivation toward continued USN service. Also, no insight into having problems/no motivation to stop. Agree with administrative separation recommendations.

870510:  DAAR: Alcohol abuse 4-7 times per week, if available. Determination made by medical officer, Applicant is dependent, not amenable to rehab, recommend separate from service via VA hospital. Applicant exhibits no potential for further Naval service. Being processed for separation. During interview for alcohol abuse, Applicant admitted marijuana use for which he has no desire to stop. He is not amenable to treatment.
870707:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense as evidenced by failure to obey a lawful written order and by reason of misconduct due to drug abuse as evidenced by wrongful use or possession of a controlled substance.
870729:  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.

870730:  Applicant elected in-patient treatment at VA hospital prior to discharge.

870817:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense as evidenced by failure to obey a lawful written order and by reason of misconduct due to drug abuse (use) as evidenced by wrongful use or possession of a controlled substance. Commanding Officer’s comments (verbatim): [SNM has violated the Navy's drug abuse policy. SNM has stated he has no desire to stop his illicit drug usage. Furthermore SNM does not exhibit exceptional potential or desire for further Naval service. Accordingly, I strongly recommend SNM be separated from the Naval service with an Other Than Honorable discharge.]

870822:  CNMPC requested an explanation of the circumstances of use/ discovering drug abuse since the Applicant's record did not contain information of drug abuse.

870901:  CO, USS NIMITZ, advised CNMPC that Applicant was processed for misconduct due to drug abuse as evidenced by his admissions to use and possession of controlled substance during an alcohol abuse screening interview with the command's CAAC. Applicant has subsequently repeated his admission on several occasions to various command personnel and has stated that he has no desire to discontinue his drug abuse.

870916:  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 870928 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: Drug abuse warranted processing for separation, normally under other than honorable conditions. The record clearly reflects the Applicant ’ s disregard for the Navy ’ s policy on drug use and demonstrated he was unsuitable for further service. Furthermore, 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.


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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