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NAVY | DRB | 2002_Navy | ND02-00898
Original file (ND02-00898.rtf) Auto-classification: Denied


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

ex-SR, USNR
Docket No. ND02-00898

Applicant’s Request
The application for discharge review, received 020612, 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 030311. 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. Sir/Mamm, my greatest regret is not successfully completing my tour of duty. Drugs have complicated my life in so many ways. I have recently completed a drug rehab and finally feel free and capable of accepting responsibility. I humbly beg of your time and patience of my appeal to have my discharge upgraded. All I seek is help with my addiction through the C.M.T. program while I volunteer in helping disabled veterans at the V.A. here in Buffalo. Please help this young man regain some part of his life while helping other veterans.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Certificate of Completion from Alcohol and Drug Dependency Service, Inc (Inpatient Alcoholism Rehabilitation) dated June 4, 2002

PART II - SUMMARY OF SERVICE

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

 Period of Service Under Review :
Date of Enlistment: 880303               Date of Discharge: 881020

 Length of Service (years, months, days):

         Active: 00 07 12
         Inactive: 00 00 06

 Age at Entry: 19                          Years Contracted: 8

Education Level: 12                        AFQT: 49

 Highest Rate: SR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 1.00 (1)    Behavior: 1.00 (1)                OTA: 1.00

 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 :

880309:  Ordered to active duty for 36 months under the Active Mariner program.
880623:  NAVDRUGLAB [Great Lakes, IL], reported Applicant’s urine sample, received 880613, tested positive for cocaine.

880707:  Civil Conviction: [General District Court, Criminal Division, Municipal Center Va. Beach, VA] for disturbing the peace.
 Sentence: Fined $50.00 plus court costs to pay by August 08, 1988.
880714:  NJP for violation of UCMJ, Article 112a: Did in the vicinity of Virginia Beach, VA on or about the period of 880531 to 880609 wrongfully use cocaine, a controlled substance.
         Award: Forfeiture of $325.00 pay per month for 2 months, restriction and extra duty for 45 days. No indication of appeal in the record.

880718:  Medical officer evaluation found the Applicant not psychologically or physiologically dependent.

880726:  DAAR indicates cocaine abuse as a result of a random urinalysis, found not dependent by medical officer, recommended for separation not via VA Hospital.

880811:  NJP for violation of UCMJ, Article 92: Having knowledge of a lawful order did on or about 880808 fail to obey same by possessing and using alcohol in Barracks 519.
Award: Forfeiture of $100.00 pay per month for 1 month, restriction and extra duty for 10 days. No indication of appeal in the record.
880829:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of serious offense and misconduct due to drug abuse.
880830:  Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
880901:  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the Applicant did not commit misconduct due to commission of a serious offense. By unanimous vote found that the Applicant had committed misconduct due to drug abuse, that the misconduct warranted separation, and recommended discharge under other than honorable conditions.

880921:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use) and misconduct due to commission of a serious offense.

881007:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 2210 880920 to 0400, 880921, violation of UCMJ, Article 92: Did on or about 880920, fail to obey a lawful general regulation, by wrongfully consuming alcoholic beverages while on pre-mast restriction.
Award: Forfeiture of $250.00 pay per month for 1 month, restriction and extra duty for 21 days. No indication of appeal in the record.
881013:  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 881020 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. Drug abuse warranted processing for separation, normally under other than honorable conditions. 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.

The Applicant is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge. Representation at a personal appearance hearing is recommended but not required.



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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