Search Decisions

Decision Text

NAVY | DRB | 2002_Navy | ND02-00622
Original file (ND02-00622.rtf) Auto-classification: Denied


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


ex-YNSA, USN
Docket No. ND02-00622

Applicant’s Request
The application for discharge review, received 020404, requested that the characterization of service on the discharge be changed to general/under honorable conditions. 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 030116. 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. My discharge was inequitable because it was based on one isolated incident in 19 months of service with no other adverse action.
2. My discharge was used as a example by commanding officer because of my rate (yeoman), I had no other offenses in my record, I should have been given only reduction of rank and fines and extra duty, but I was also given other than honorable discharge for first and only offense in my service.
3. C.O. stated that he was making a example of me and given me the hardest punishment thus given others with same offense general discharges, because I was his secretary (yeoman) and others just reduction in rank, thus I am requesting a general discharge under honorable conditions.

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)     851210 - 860122  COG
Period of Service Under Review :
Date of Enlistment: 860123               Date of Discharge: 870710

 Length of Service (years, months, days):
         Active: 01 05 18
          Inactive: None
Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 59
Highest Rate: YNSN

 Final Enlisted Performance Evaluation Averages (number of marks):
Performance: 3.40 (2)    Behavior: 3.10 (2)                OTA: 3.40
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 – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.
Chronological Listing of Significant Service Events :

870618:  NJP for violation of UCMJ, Article 112a: Wrongful use of a controlled substance (THC).
         Award: Forfeiture of $369.00 pay per month for 2 months, restriction and extra duty for 45 days, reduction to E-2. No indication of appeal in the record.
870618:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by urinalysis test [Extracted from CO's message].
870618:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights [Extracted from CO's message].
870624:  Medical evaluation indicates Applicant is not drug dependent [Extracted from CO's message].
870625:  Substance Abuse Report indicates Applicant is not drug dependent [Extracted from CO's message].
870628:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

870707:  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 870710 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. Even one documented instance of drug abuse warranted processing for separation, normally under other than honorable conditions. While he may feel that he was treated unfairly, the record clearly reflects his disregard for the requirements of military discipline and demonstrated that he was unfit for further service. 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.
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 inequity must have existed during the period of enlistment in question. No such error or inequity is evident 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 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


Similar Decisions

  • NAVY | DRB | 1999_Navy | ND99-00124

    Original file (ND99-00124.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of DD Form 214 Applicant’s Special Request dtd 12 Apr 93 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USNR (DEP) 910506 - 910508 COG Period of Service Under Review :Date of Enlistment: 910509 Date of Discharge: 930618 Length of Service (years, months, days):Active: 02 01 10 Inactive:...

  • NAVY | DRB | 2000_Navy | ND00-00315

    Original file (ND00-00315.rtf) Auto-classification: Denied

    Decision A documentary discharge review was conducted in Washington, D.C. on 000928. 900419: Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by your act of illegal or wrongful use or possession of a controlled substance (s) {EXTRACTED FROM CO'S MESSAGE}.900419: Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to...

  • NAVY | DRB | 1999_Navy | ND99-00166

    Original file (ND99-00166.rtf) Auto-classification: Denied

    {EXTRACTED FROM CO MESSAGE DTD 890126}.890120: Medical evaluation for drug abuse found the applicant to be a drug abuser, not drug dependent.890126: Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct: misconduct due to drug abuse as evidenced by wrongful use of a controlled substance, to wit: THC, and misconduct: misconduct due to commission of a serious offense to wit: wrongful use of THC.890126: Applicant advised of his...

  • NAVY | DRB | 1999_Navy | ND99-00425

    Original file (ND99-00425.rtf) Auto-classification: Denied

    PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 940120 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 discharge was proper and equitable (C and D).The applicant introduced no decisional issues for consideration by the Board. You may obtain a copy of DoD Directive...

  • NAVY | DRB | 1999_Navy | ND99-01181

    Original file (ND99-01181.rtf) Auto-classification: Denied

    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: None Inactive: USNR (DEP) 910819 - 920204 COG Period of Service Under Review :Date of Enlistment: 920205 Date of Discharge: 960419 Length of Service (years, months, days):Active: 04 00 15 Inactive: None PART III – RATIONALE FOR DECISION AND PERTINENT...

  • NAVY | DRB | 1999_Navy | ND99-00902

    Original file (ND99-00902.rtf) Auto-classification: Denied

    The following issues are the reasons I believe my discharge should be upgraded to a General/Under Honorable Conditions. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Employment Reference letter Copies of DD Form 214 (2) PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: USN None Inactive: USNR (DEP) None Period of Service Under Review :Date of Enlistment:...

  • NAVY | DRB | 1999_Navy | ND99-00984

    Original file (ND99-00984.rtf) Auto-classification: Denied

    Applicant failed to report in compliance with such orders and is on unauthorized absence from that time and date. 920826: Message to BUPERS requesting authority to discharge applicant in absentia effective 10Jun91 in the best interest of the service. 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).In response to applicant’s issue 1, the Board found nothing in...

  • NAVY | DRB | 2001_Navy | ND01-00535

    Original file (ND01-00535.rtf) Auto-classification: Denied

    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).In the applicant’s issue 1, the Board found that the applicant was awarded CO’s NJP on 2 separate occasions for violating a general regulation and wrongful use of a controlled substance. However, the Board is authorized to consider post-service factors in the recharacterization of a discharge (D). PART IV -...

  • NAVY | DRB | 2000_Navy | ND00-00283

    Original file (ND00-00283.rtf) Auto-classification: Denied

    ND00-00283 Applicant’s Request The application for discharge review, received 000103, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. Age at Entry: 18 Years Contracted: 4 (24 months extension) Education Level: 12 AFQT: 79 Highest Rate: ET3 Final Enlisted Performance Evaluation Averages (number of marks): Performance: 3.70 (2) Behavior: 3.70 (2) OTA: 3.80 Military Decorations: None...

  • NAVY | DRB | 2000_Navy | ND00-00402

    Original file (ND00-00402.rtf) Auto-classification: Denied

    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: None Inactive: None Period of Service Under Review :Date of Enlistment: 881028 Date of Discharge: 910724 Length of Service (years, months, days): Active: 01 10 20 Inactive: 00 11 06 Age at Entry: 18 Years Contracted: 8 Education Level: 12 AFQT: 39/42 Highest...