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NAVY | DRB | 2002_Navy | ND02-00809
Original file (ND02-00809.rtf) Auto-classification: Denied


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

ex-BTFN, USN
Docket No. ND02-00809

Applicant’s Request
The application for discharge review, received 020515, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. The applicant listed American Legion as the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 030410. 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. (Equity Issue) This former member avers that his immaturity, ego and youth contributed to and sufficiently extenuated his misconduct of record to warrant upgrade of his characterization of service.

2. (Equity Issue) This former member further requests that the Board include provisions of SECNAVINST 5420.174C, enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of this application.


Documentation

In addition to the service record, the following additional documentation, submitted by the applicant, was considered:

Copy of DD Form 214
Copies of service related document (24 pages)
Copy of Meritorious Service Award
Copy of Employee Performance Appraisal
Transcript from St. Louis Community College
Transcript Explanation from St. Louis Community College
Student Permanent Record Transcript from Ranken Technical College
Certificate of Completion (Vibration Analysis & Dynamic Balancing)
Certificate of Completion (Introduction to Vibration Technology)
Certificate of Completion (Emonitor Odyssey Advanced)
Certificate of Completion (Thermal/Infrared Thermography, Level I)
Certificate of Completion (Universal Technician as required by 40 CFR Part 82, Subpar F)
Certificate of Achievement (1994 Centravac Operation & Maintenance Seminar)
Certificate of Continuing Education (Microsoft Windows)
Copy of Service School Certificate of Completion (Boiler Technician Advanced Operator/Maintenance)
Copy of Service School Certificate of Completion (BT-6YO Junior, Phase 4 PO Leadership Class C1A-500-0033)
Copies of DD Form 214 (2)
Employment Reference Letter from B_ B_, Zeller Electic Company
Letter of Recommendation from S_ W_, Account Manager, United Electric Supply & Motor Repair-Belleville
St. Louis County Police Record Check Request

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     860820 - 860916  COG
         Active: USN                        None

 Period of Service Under Review :
Date of Enlistment: 860917               Date of Discharge: 900316

 Length of Service (years, months, days):

         Active: 02 07 00
         Inactive: None

 Age at Entry: 17                          Years Contracted: 4 (24 months extension)

 Education Level: 12                        AFQT: 67

 Highest Rate: BT3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.16 (5)    Behavior: 3.12 (5)                OTA: 3.20

 Military Decorations: None

 Unit/Campaign/Service Awards: CGSOSR, AFEM, 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 :

880903:  Civil Conviction: Applicant booked on charge 11550/M HS (Use of a controlled substance) by the Long Beach CA Police Department. Applicant was given a voluntary urinalysis which was positive for the use of amphetamines. Applicant was not prosecuted by civilian authorities, but he was turned over to Military Control to await judicial processing. Applicant was given an additional urinalysis on 880903 in order to determine fit for duty upon which he was positive for methamphetamine. Applicant was also given follow-up urinalysis on 890127 and 890214 where he was positive for methamphetamine on both occasions

881031:  NJP for violation of UCMJ, Article 112a: Use of a controlled substance to wit: Amphetamines.
         Award: Oral admonition, restriction to USS MOUNT VERNON (LSD 39) for 45 days (suspended for 6 months) forfeiture of $400.00 pay per month for 2 months ($150.00 per month suspended), extra duty for 45 days, reduction to E-3 (suspended for 6 months). No indication of appeal in the record.
881101:  Retention Warning: Advised of deficiency (Wrongful use of a controlled substance to wit: Amphetamines), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
        
890714:  NJP for violation of UCMJ, Article 86: Failure to go to or leaving place of duty on 890705; violation of UCMJ Article 91: Willful disobedience of a lawful order on 890713; violation of UCMJ Article 92: Dereliction of duty on 890705.
         Award: Forfeiture of $300.00 pay per month for 2 months, restriction and extra duty for 30 days. No indication of appeal in the record.

900119:  NJP for violation of UCMJ, Article 86: Absence without leave on 900112, violation of UCMJ Article 86: Absence without leave on 900117, violation of UCMJ Article 111: Drunken or reckless driving.
         Award: Forfeiture of $450.00 pay per month for 2 months, restriction to USS MOUNT VERNON and extra duty for 45 days, reduction to next inferior pay grade, administrative separation. No indication of appeal in the record.

900209:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and misconduct due to drug abuse.
900209:  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.
900218:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and misconduct due to drug abuse.

900307:  Drug Dependency Status: Medical evaluation as follows: Applicant was found not to be drug dependent and will possibly benefit from Level I Counseling with the command DAPA.

900309:  NJP for violation of UCMJ, Article 86: (4 Specifications), Absence from unit, organization, or place of duty on 900305, 900306, 900307, and 900308.
Award: 3 days Bread & Water. No indication of appeal in the record.
900315:  CNMPC directed the applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 900316 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).

In the Applicant’s first issue, the Applicant contends, as a matter of equity, that his ignorance of life as a young sailor precluded him from making mature decisions and that this fact should be considered in the recharacterization of his discharge. The Board found that the Applicant's age, education level, and test scores qualified him for enlistment. While he may feel that his immaturity was a factor that contributed to his actions, 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 on this basis is denied.
Responding to the Applicant’s second issue, 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, can be considered. In determining whether a case merits a change based on post-service conduct, the NDRB considers the length of time since discharge, the Applicant's record of community service, employment, conduct, educational achievements, and family relationships. In reviewing the applicant’s post service, the Board was impressed with the efforts he has begun to make in attempting to recoup his reputation which has been sullied by his misconduct in the Navy. However, the Board did not think that the Applicant’s level of post-service was of such substantive value as to grant a change to the characterization of the member’s discharge. Therefore, relief will not be granted at this time. The applicant is reminded that he remains eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. Representation at a personal appearance hearing is not required but recommended.

Pertinent Regulation/Law (at time of discharge)

 A. Navy Military Personnel Manual, (NAVPERS 15560A), Change 6, effective 11 Jan 89 until 13 Jun 90, 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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