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NAVY | DRB | 2003_Navy | ND03-00661
Original file (ND03-00661.rtf) Auto-classification: Denied


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

ex-AR, USN
Docket No. ND03-00661

Applicant’s Request
The application for discharge review was received on 20030305. The former service member’s next of kin requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. The former service member’s next of kin requests a documentary record discharge review. The former service member’s next of kin listed Monroe County Veterans Service Agency as the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040212. 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 former service member’s service was discovered by the NDRB. 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 stated

 No issues were submitted by the former service member’s next of kin.

 Issues submitted by former service member’s next of kin representative (Monroe County Veterans Service Agency) :
1. “Dear Sirs

Please find attached the information you required for the consideration of change in discharge. S_ K_ (former service member) died as a result of self inflicted gunshot wound, his mother states that the reason for His actions to end his life was in response to his failure in the USN. As noted on his death Certificate it list his Mother as J_ B_ the person who signed the request. It was noted on His administrative separation the recommendation of the commanding officer that he be Discharged with a General discharge not OTH.

Thanks in advance for your favorable consideration in this matter.

K_ M_
Veterans Service Officer”

 Documentation
In addition to the service record, the following additional documentation, submitted by the former service member’s next of kin , was considered:
Former service member’s DD Form 214 (2)
Former service member’s certificate of death
Two pages from former service member’s service record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     000427 - 000503  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 000504               Date of Discharge: 010925

 Length of Service (years, months, days):

         Active: 01 04 22
         Inactive: None

 Age at Entry: 22                          Years Contracted: 4

 Education Level: 11                        AFQT: 61

 Highest Rate: AA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMA*                 Behavior: NMA             OTA: NMA
 Military Decorations: None

 Unit/Campaign/Service Awards: BER, AFEM

 Days of Unauthorized Absence: None

* No Marks Available for review

 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 :

010724:  NAVDRUGLAB, Jacksonville, FL, reported former service member’s urine sample, received 010720, tested positive for THC.
010730:  Former service member notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
010730:  Former service member advised of 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.

010802:  NJP for violation of UCMJ, Article 112A: Wrongful use of a controlled substance on 010720, to wit: marijuana.
         Award: Forfeiture of $521.40 per month for 2 months, restriction for 60 days, reduction to AR. No indication of appeal in the record.
010829:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use). Commanding Officer’s comments (verbatim): [AR K_ (former service member) has been an average Sailor in his 11 months at VAW-125. AR K_’s (former service member’s) drug use was discovered during a random sweep urinalysis. The Navy’s zero tolerance policy dictates and I recommend an administrative separation with a characterization of General.] [Date extracted from supporting document submitted by former service member’s next of kin.]

010913:  COMCRUDESGRU ONE TWO FIVE directed the former service member’s discharge under other than honorable conditions by reason of misconduct due to drug abuse.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The former service member was discharged on 20010925 under other than honorable conditions for misconduct due to drug abuse (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: A characterization of service of under other than honorable conditions is warranted when the member’s conduct constitutes a significant departure from that expected of a Sailor. The Applicant’s service was marred by award of nonjudicial punishment (NJP) for illegal drug use. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflect his disobedience of the orders and directives which regulate good order and discipline in the naval service, and falls short of that required for a honorable characterization of service. An upgrade to honorable would be inappropriate. Relief denied.

The Applicant ’s next of kin or legal representative remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge.


Pertinent Regulation/Law (at time of discharge)

 A . The Naval Military Personnel Manual, (NAVPERS 15560C), Change 33, effective 16 Jul 2001 until 21 Aug 2002, 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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