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NAVY | DRB | 2003_Navy | ND03-00068
Original file (ND03-00068.rtf) Auto-classification: Denied


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

ex-GMG2, USN
Docket No. ND03-00068

Applicant’s Request
The application for discharge review, received 20021010, 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 – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank.


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):
         Active: USN                        740923 - 760915  HON
         Inactive: USNR            760914 – 800731  HON
         Inactive: USNR(Dep)               800801 - 800804  COG
         Active: USN                        800805 – 880327  HON


 Period of Service Under Review :
Date of Enlistment: 880328               Date of Discharge: 890504

 Length of Service (years, months, days):

         Active: 01 01 06
         Inactive: None

 Age at Entry: 32                          Years Contracted: 2 (24 months extension)

 Education Level: 12                        AFQT: 31

Highest Rate: GMG2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.8 (2)     Behavior: 2.9 (2)                 OTA: 3.13

Military Decorations: None

 Unit/Campaign/Service Awards: Battle “E”, Rifle “B”, Marksman Ribbon, GCM

 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 :

880328:  Reenlisted for 2 years NAVEDTRACEN, NEWPORT, RI.

 890215:  Retention Warning: Advised of deficiency, the inability to carry out the duties as Work Center Supervisor and your inability to perform in accordance with USS YOSEMITE AD-19 Instruction 3500.1E by failing to requality in General Damage Control and 3M-301 within three months of reporting on board. Corrective action and possible discharge action.
890313:  Unauthorized absence since 0715.

890314:  Surrendered on board USS YOSEMITE at 0715.

 890314:  DAAR: Command directed urinalysis test. Positive for marijuana. DAAR determined dependency.
890406:  NJP for violation of UCMJ, Article 86: UA from Unit 0715, 890314, to 0715, 890315. Article 107, False Official Statement on 890320, violation of UCMJ, Article 112A: Use/Possession marijuana, on or about 890212-890314 and Article 134, Incapacitated for duties by overindulgence in alcohol 890403.
         Award: Reduction to E-3. No indication of appeal in the record.
890411:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense and misconduct due to drug abuse as evidenced by NJP for violation of UCMJ, Article 86: UA from Unit 0715, 890314, to 0715, 890315. Article 107, False Official Statement on 890320, violation of UCMJ, Article 112A: Use/Possession marijuana, on or about 890212-890314 and Article 134, Incapacitated for duties by overindulgence in alcohol 890403.
890411:  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.
890412:  NAVHOSP Branch Medical Clinic, Mayport: Assessment, refer to CAAC
         Family Service Center. Suggest referral to Chaplain services.

890418:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

890501:  BUPERS 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 19890504 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).

The applicant introduced no decisional issues for consideration by the Board.

 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 errors or inequities 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. Navy Military Personnel Manual, (NAVPERS 15560A), Change 6, effective 11 Jan 89 until 13 Jun 90, 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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