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NAVY | DRB | 2002_Navy | ND02-00659
Original file (ND02-00659.rtf) Auto-classification: Denied


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

ex-FA, USN
Docket No. ND02-00659

Applicant’s Request
The application for discharge review, received 020409, 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, authority: NAVMILPERSMAN, Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1. My characteristics in the military, such as smoking marijuana and other offensives, stemmed from biological disorders endured through childhood and beyond. See forensic report.

2. I didn't smoke marijuana to be intentionally discharged, but only, to cope with affections have yet to understand that were inherited through my mother and other close relatives. I only wanted to prosper, and I did in your military. I was scorned. Please help unshorn me.

3. The outcome of the forensic reports lead to a verdict of not guilty by reason of insanity. A illness long suffered before my enlistment.

 Documentation
In addition to the service record, NO DISCHARGE PACKAGE AVAILABLE, the following additional documentation, submitted by the applicant, was considered:
Forensic Report (14 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     940629 - 940926  COG
         Active: USN                        None

 Period of Service Under Review :
Date of Enlistment: 940927               Date of Discharge: 970426

 Length of Service (years, months, days):

         Active: 02 07 00
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 41

 Highest Rate: FN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.50 (2)    Behavior: 3.00 (2)                OTA: 3.42

 Military Decorations: None

 Unit/Campaign/Service Awards: NDM, SSDR, AFSM

 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 :

960419:  Retention Warning: Advised of deficiency (Obtaining services under false pretense, which resulted in violation of the UCMJ Article (s): 134, notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

960419:  NJP for violation of UCMJ, Article 134: Obtaining services under false pretense.
Award: Forfeiture of $100.00 pay per month for 1 month, extra duty for 15 days. No indication of appeal in the record.
961003:  Retention Warning: Advised of deficiency (Disrespect toward a Petty Officer in violation of Article (s): 91, notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

970313:  NJP for violation of UCMJ, Article 112a: Use of a controlled substance (THC).
Award: Forfeiture of $505.00 pay per month for 2 months, restriction and extra duty for 45 days, reduction to E-2, process for administrative separation. No indication of appeal in the record.
970320:  DAAR indicates marijuana abuse as a result of a unit sweep urinalysis, Applicant found dependent, not amenable, recommended for separation not via VA Hospital.

970325:  NJP for violation of UCMJ, Article 91: Disobeying a Senior Chief Petty Officer.
         Award: 3 days Bread & Water (suspended until discharge). No indication of appeal in the record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 970426 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).
The Applicant contends that his problems in the Navy can be attributed to his "biological disorders”. While he may feel that his mental problem was the underlying cause of his misconduct, the record clearly reflects his willful misconduct and demonstrated 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 on this basis is denied.

The following is provided for the applicant’s edification. The NDRB is authorized to consider outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review. However, there is no law or regulation that provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the service. Normally, to permit relief, an error or injustice must be found to have existed during the period of enlistment in question. No such error or injustice is evident in the applicant’s service record.
Verifiable proof of any post-service accomplishments must be provided in order for the applicant to claim post-service conduct and behavior as a reason to upgrade a less than Honorable discharge. At this time the applicant has not provided sufficient documentation of good character and conduct. Therefore no relief will be granted. The applicant is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. Representation at personal appearance hearings is recommended but not required.


 Pertinent Regulation/Law (at time of discharge)

 A . Navy Military Personnel Manual, (NAVPERS 15560C), Change 14, effective
03 Oct 96 until 11 Dec 97, Article 3630620 SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT 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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