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NAVY | DRB | 2003_Navy | ND03-00469
Original file (ND03-00469.rtf) Auto-classification: Denied


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

ex-HA, USN
Docket No. ND03-00469

Applicant’s Request
The application for discharge review was received on 20030203. The Applicant requests the reason for the discharge be changed to “Best Interest of Service.” The Applicant requests 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 20031229. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB. The Board’s vote was unanimous that the reason for the discharge shall not change. The discharge shall remain: HONORABLE/ DRUG REHABILITATION FAILURE, authority: MILPERSMAN, Article 1910-150 (formerly 3630500).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

Issue 1. “The reason stated – for discharge, is inappropriate for the condition under which separation (military) was granted. I believe that that the incident which took place at the military substance abuse treatment facility did not, fairly, constitute “rehabilitation failure”.Also, that there was no proof, other than a false voluntary statement, that characterized drug use; which, in consequence, was placed in substance abuse treatment.”

 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)     000316 - 000522  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 000523               Date of Discharge: 010518

 Length of Service (years, months, days):

         Active: 00 11 26
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 10 GED           AFQT: 76

 Highest Rate: HA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF*                          Behavior: NMF*            OTA: NMF*

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: None

* No Marks Found
Character, Narrative Reason, and Authority of Discharge (at time of issuance):

HONORABLE/DRUG REHABILITATION FAILURE, authority: MILPERSMAN, Article 1910-150 (formerly 3630500).
Chronological Listing of Significant Service Events :

010419:  Retention Warning: Advised of deficiency (Non compliance to “Zero Tolerance” for drug and alcohol abuse through self referral without known incident.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

010423:  Medical Division, Substance Abuse Rehabilitation Department: Diagnostic Impression: Alcohol dependence, cannabis dependence, hallucinogen dependence, partial remission. R/O major depressive disorder, recurrent.

010517:  Commander, Naval Medical Center, San Diego directed the Applicant's discharge with an honorable by reason of drug abuse rehabilitation failure.

 Partial discharge package missing from service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was honorably discharged on 20010518 due to drug abuse - rehabilitation failure (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: The NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, will change the reason for discharge if such a change is warranted. The summary of service clearly documents that drug rehabilitation failure was the reason the Applicant was discharged. No other Narrative Reason for Separation could more clearly describe why she was discharged. To change the Narrative Reason for Separation would be inappropriate. 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. The Naval Military Personnel Manual, (NAVPERS 15560C), Change 21, effective 01 Sep 98 until 21 Aug 2002, Article 1910-150 (formerly 3630500), Separation by Reason of Drug Abuse Rehabilitation Failure.

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 Room 309
                  Washington Navy Yard DC 20374-5023      


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