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NAVY | DRB | 2003_Navy | ND03-00026
Original file (ND03-00026.rtf) Auto-classification: Denied


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

ex-SA, USNR
Docket No. ND03-00026

Applicant’s Request
The application for discharge review, received 20021004, requested that the characterization of service on the discharge be changed to honorable or 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 20030828. 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. I request a review of my U.S. Navy discharge for eligibility for VA benefits. Please make a discharge evaluation ASAP.

I have enclosed a copy of my administrative file from U.S. Navy service. (Not with DD Form 293).

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant's DD Form 214

PART II - SUMMARY OF SERVICE

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

 Period of Service Under Review :
Date of Enlistment: 900613               Date of Discharge: 930702

 Length of Service (years, months, days):

         Active: 02 10 18
         Inactive: 00 02 02

 Age at Entry: 18                          Years Contracted: 8

 Education Level: 12                        AFQT: 48

 Highest Rate: SA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.60 (3)    Behavior: 3.07 (3)                OTA: 3.07

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR, NUC, NDSM, SASM with Bronze Star, KLM, JMU

 Days of Unauthorized Absence: 12

 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 :

900815:  Applicant ordered to active duty for 36 months under the Active Mariner Program.
900816:  Applicant briefed on Navy's policy of drug and alcohol abuse.
900816:  You are being retained in the Naval service, despite your fraudulent induction as evidenced by your failure to disclose required basic enlistment eligibility information. This decision is based on the information you provided the Recruit Quality Assurance Interviewer and if it is found that additional information has not been disclosed, this waiver is void and you could be subject to other judicial or administrative proceedings, ie., assault, 6/90, Paid $50 fine.

920721:  NJP for violation of UCMJ, Article 86 (2 specs): Unauthorized absence on 920703 and 920707.
         Award: Forfeiture of $50 per month for 2 months, restriction and extra duty for 20 days, oral reprimand. Forfeiture of $50.00 for 1 month and restriction and extra duty for 10 days suspended for 6 months. No indication of appeal in the record.
920916:  Competence for duty examination: Applicant found incompetent for duty with suspicion of intoxication; labs pending.
921115:  Applicant was arrested by San Diego Police Department as a possible suspect of sexual assault of the 14 year old.

921124:  NAVDRUGLAB, San Diego, CA, reported Applicant’s urine sample, received 921118, tested positive for THC.

921210:  Dependency evaluation: Applicant does not exhibit signs or symptoms of drug or alcohol dependence. Recommend separate, not through VA system.

 921231:  Applicant to unauthorized absence 0700, 921231.

930104:  Applicant from unauthorized absence 0700, 930104(4 days/surrendered).

930215:  Applicant to unauthorized absence 0730, 930215.

 930218:  Applicant declared a deserter.

930223:  Applicant from unauthorized absence 0107, 930223 (7 days/surrendered).

930519:  NJP for violation of UCMJ, Article 86 (4 specs): (1) Absent from unit on 930104, (2) Absent from unit on 930106, (3) Absent from unit on 930223, (4) Absent from unit on 930502, violation of UCMJ, Article 112A: Wrongful use of a controlled substance on 921118
         Award: Forfeiture of $405 per month for 2 months, restriction and extra duty for 45 days, reduction to SR. No indication of appeal in the record.
930526:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
930527:  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.
930603:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

930630:  BUPERS directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

930702:  Applicant declined 30 day in-patient treatment prior to separation.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19930702 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 issue 1, the Applicant requested a review of his Navy discharge for eligibility for VA benefits, ASAP. The Veterans Administration determines eligibility for post-service benefits not the Naval Discharge Review Board. There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits and this issue does not serve to provide a foundation upon which the Board can grant relief. However, the Applicant’s discharge was reviewed by the Board to determine if any aspect of the discharge was improper or inequitable. The Board determined the Applicant’s discharge was proper and equitable. Relief denied.

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge. The Applicant can provide additional documentation to support any claims of post-service accomplishments at that time. Representation at a personal appearance hearing is recommended but not required.

Pertinent Regulation/Law (at time of discharge)

 A . Navy Military Personnel Manual, (NAVPERS 15560C), Change 5/93, effective 05 Mar 93 until 21 Jul 94, 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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