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NAVY | DRB | 2003_Navy | ND03-00036
Original file (ND03-00036.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND03-00036

Applicant’s Request
The application for discharge review, received 20021004, 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 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, authority: NAVMILPERSMAN, Article 1910-146, formerly Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1. My discharge was based solely on drug use aswauth A85.04.

2. My drug use was always off duty, aswauth A94.32.

3. My drug use was always off base, aswauth A94.34.

4. I was never involved in selling or trafficking of drugs, aswauth A94.38.

5. My conduct and efficiency rating/behavior and proficiency marks were mostly pretty good, aswauth A92.02.

6. My ability to serve was impaired by my youth and immaturity, aswauth 93.02.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
None

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     991214 - 000207  COG
         Active: USN                       

Period of Service Under Review :
Date of Enlistment: 000208               Date of Discharge: 010307

 Length of Service (years, months, days):

         Active: 01 01 00
         Inactive: None

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

 Education Level: 9?                        AFQT: 85

 Highest Rate: MTSR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.00 (1)    Behavior: 1.00 (1)                OTA: 1.80

 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, authority: NAVMILPERSMAN, Article 1910-146, formerly 3630620.

 Chronological Listing of Significant Service Events :

010119:  Civil Conviction: [Kitsap County District Court] for Third Degree Theft.
 Sentence: 365 days in jail with 364 days suspended, and 1 day commuted to community service.
010130:  NAVDRUGLAB [GREAT LAKES, IL], reported applicant’s urine sample, received 010122, tested positive for [THC].
010207:  NJP for violation of UCMJ, Article 112a: Wrongful use, possession, etc., of a controlled substance.
         Award: Forfeiture of 1/2 pay per month for 2 months, restriction to SUBASE Bangor for 30 days, reduction to E-1. No indication of appeal in the record.

Xxxxxx:  Psychiatric or medical evaluation as required: " Although we have not received a copy of the evaluation, SR M_ was evaluated by the Alcohol Treatment, Naval Hospital, Bremerton and determined to be not alcohol or drug dependent [Extracted from CO's message].

010213:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse and misconduct due to civilian conviction.
010213:  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.
010213:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use) and misconduct due to civilian conviction. Commanding Officer’s comments (verbatim): [if appropriate]:

010221:  Commander, Submarine Group 9 authorized 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 20010307 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 issues 1, 2, 3, and 4, the Board determined these issues have no merit. The Applicant states his discharge was based solely on drug use that was conducted off base, off duty, and never involved selling or trafficking.

Drug abuse (use or possession) requires mandatory processing for separation. The Applicant’s urine tested positive for THC. Subsequently he was evaluated and found not to be dependent on drugs or alcohol, then he was discharged for drug abuse. The discharge was proper and equitable. Relief denied.

In the Applicant’s issue 5, he states his conduct and efficiency rating/behavior and proficiency marks were mostly pretty good.

The Applicant had below average performance marks, which did not contribute to his discharge. The Applicant was discharged for drug abuse. The discharge was proper and equitable. Relief denied.

In the Applicant’s issue 6, he states his ability to serve was impaired by his youth and immaturity.

The Applicant’s youth and immaturity did not prevent him from passing Navy entrance exams and completing basic training and are not acceptable excuses for his misconduct. The Applicant willfully disobeyed Navy regulations by using illegal drugs and was held accountable for his misconduct. The discharge was proper and equitable. Relief denied.

 The following is provided for the edification of the Applicant. Normally, to permit relief, an error of propriety or equity must have occurred during the period of enlistment in question. No such errors were discovered during a review of the Applicant’s enlistment and subsequent discharge. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge. However, 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 the civilian life subsequent to leaving the service. 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. Examples of documentation to provide to the Board for consideration include verification of educational pursuits, verifiable employment record(s), documentation of community service, certification of non-involvement with civil authorities, and credible evidence of a substance free lifestyle. At this time, the applicant has not provided any documentation for the Board to consider. Therefore, no relief will be granted.
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 . 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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