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NAVY | DRB | 2002_Navy | ND02-00993
Original file (ND02-00993.rtf) Auto-classification: Denied


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

ex-AA, USN
Docket No. ND02-00993

Applicant’s Request
The application for discharge review, received 020708, requested that the characterization of service on the discharge be changed to general/under honorable conditions. The Applicant requested a personal appearance hearing discharge review before a traveling panel closest to Los Angeles or San Diego, California. The Applicant did not list any representative on the DD Form 293. In the acknowledgement letter to the Applicant he was informed that the Naval Discharge Review Board (NDRB) does not travel, all hearings are held in the Washington, D.C. Area. The Naval Discharge Review Board (NDRB) also advised that the Board first conducts a documentary review prior to any personal appearance hearing.

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: UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1. With great remorse I have regretted my stupidity that terminated my career with the U.S. Navy. As the records will show, I have not been involved in any felonious act before or after my time served with the U.S. Navy. I wish I could turn the clock backwards and start all over again! My training at San Diego was honorably completed.
I do fully recognize that my stupid mistake was a serious act of immaturity for which I have paid many times over. I do love my Country, and I do love the U.S. Navy. My irresponsible, immature action in 1990 has produced 12 years of terrible pain and suffering to me and to my family to an incalculable degree, as I have painfully felt that with that one action I had discredited my own family name and the family I had with the U.S. Navy. Because of my sincere deep remorse, pain and suffering that I have paid for that single mistake, and also for the dedicated months that I wore with great pride the uniform of the U.S. NAVY, I humbly beg to have my present status with the U.S. NAVY to be upgraded to that of "GENERAL HONORABLE DISCHARGE", with my gratitude.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Report and Disposition of Offenses
Criminal Record Certification Letter
Social Security Card Receipt Letter
Social Security Number Verification Letter

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     891026 - 900523  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 900524               Date of Discharge: 901005

 Length of Service (years, months, days):

         Active: 00 04 12
         Inactive: None

 Age at Entry: 30                          Years Contracted: 4

Education Level: 13                        AFQT: 45

 Highest Rate: AN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NOB                  Behavior: 2.80 (1)                OTA: 2.80

 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 :

900822:  NAVDRUGLAB [Great Lakes, IL], reported Applicant’s urine sample, received 900817, tested positive for [cocaine].

900912:  NJP for violation of UCMJ, Article 112a: Wrongful use of a controlled substance on or between 900731 and 900814, violation of UCMJ, Article 86: Unauthorized absence from appointed place of duty from 2030, 900825 until 0400, 900826.
         Award: Forfeiture of $405.00 pay per month for 1 month, restriction and extra duty for 45 days, reduction to E-2. No indication of appeal in the record.

900912:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by all drug incidents in the current enlistment.
900912:  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.

900913:  DAAR indicates cocaine abuse as a result of a service directed urinalysis, found not dependent, recommended for separation not via VA hospital.

900913:  Medical evaluation for drug abuse found the Applicant to be not drug dependent.
900921:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

900925:  Chief of Naval Technical Training 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 901005 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 instance of 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. 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. Navy Military Personnel Manual, (NAVPERS 15560A), Change 11, effective
14 Jun 90 until 14 Aug 91, 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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