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NAVY | DRB | 2002_Navy | ND02-00991
Original file (ND02-00991.rtf) Auto-classification: Denied


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

ex-HM3, USN
Docket No. ND02-00991

Applicant’s Request
The application for discharge review, received 020708, requested that the characterization of service on the discharge be changed to honorable. 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 030331. 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: GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-146, formerly Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1. Dear Members of the Board,
My name is R_ B_ M_ and I was discharged under the act of misconduct. I tried my best to fight the charges of testing positive on a urinalysis. I admitted that I had tested positive, but not to willingly ingesting the substance. There have been similar situations throughout the country, but my command saw it fit to discharge a fleet marince force corpsman with numerous honors and the good conduct medal. I had also forgone Captins Mast and immediately requested a courts martial hearing. I would not have doen so if I was not innocent of these charges. I never was allowed a trial due to the fact that the command would not pay. I was also well aware of the fact that if found guilty, the punishment was a felony offense and medical school do not accept felones. I opted to take a polygraph, and the command drug counselor did not think I was a user of any drug. I did not have to go to Florida for the Navy drug rehabilitation program either. I am currently going to the University of Houston and working on a Biology major and then on to Medical school. I would like to have an honorable discharge so that I may use this as an example of all that I have done to help out my country and myself. I do not think medical schools would like a person with a General discharge.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214
Certificate of Appreciation for Outstanding Achievement while serving with U.S. Support Group Haiti from January 25, 1999 to April 7, 1999
Certificate of Appreciation for Military Operations on Urban Terrain Advanced Concept Technology Demonstration from Sept 8, 1999 to Sept 30, 1999
Certificate of Completion of Petty Officer Indoctrination Course dated June 16, 2000
Navy and Marine Corps Achievement Medal Citation dated March 27, 2000 (2 copies)
Rating Examination Profile
Admission Letter to the University of Houston dated June 14, 2002
Awards Listing
Navy Service School/Military Training Courses Listing
Evaluation Report & Counseling Record (12 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     960815 - 970203  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 970204               Date of Discharge: 010608

 Length of Service (years, months, days):

         Active: 04 04 05
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4 (12 months extension)

 Education Level: 12                        AFQT: 67

 Highest Rate: HM3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.20 (5)    Behavior: 3.60 (5)                OTA: 3.25 (5.0 Evals)

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR, FMFR, GCM, Expert Rifle Medal, Expert Pistol Medal, JMUA, AFSM, CGSOM

 Days of Unauthorized Absence: None

 Character, Narrative Reason, and Authority of Discharge (at time of issuance):

GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-146, formerly 3630620.

 Chronological Listing of Significant Service Events :

001006:  NAVDRUGLAB Jacksonville urinalysis report indicates Applicant tested positive for THC.
010308:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
010308:  Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
010510:  Applicant received Administrative Board resulting in General Discharge [Extracted from Evaluation Report & Counseling Record dated 001002 to 010531, Block 43, Comments on Performance].
010516:  Commanding Officer recommended discharge under honorable conditions (general) by reason of misconduct due to drug abuse (use).

010516:  Commanding Officer, Naval Hospital, Corpus Christi authorized the Applicant's discharge under honorable conditions (general) by reason of misconduct due to drug abuse (use).

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 010608 under honorable conditions (general) 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. The Applicant’s record of service and statements in support of his assertion that he did not willingly ingest the drug do not refute the presumption that his discharge was proper and equitable. Relief denied.
The Applicant’s discharge characterization accurately reflects his service to his country. 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, to enhance career opportunities, or for 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 . The Naval Military Personnel Manual, (NAVPERS 15560C), Change 31, dated 20 Feb 01, effective 12 Feb 2001 until 15 Jul 2001, Article 1910-146 (formerly 3630620), Separation 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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