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NAVY | DRB | 2003_Navy | ND03-01469
Original file (ND03-01469.rtf) Auto-classification: Denied


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

ex-HN, USN
Docket No. ND03-01469

Applicant’s Request
The application for discharge review was received on 20030909. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. 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 20040712. 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 character of the discharge shall not change. The discharge shall remain: GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1. “While in the Navy, I admitted to drug use. However, I was never medically tested for this. The Navy never had any evidence other than what I stated. I was given a General Under Honorable Conditions discharge.”
I am utilizing the training that the Navy gave me by continuing my career as a Nurse. I would however like to continue my education and become a Registered Nurse. I would like to utilize the money I put into the Montgomery GI Bill. With a General Discharge this is impossible.
I would ask for serious consideration of an upgrade to allow me to pursue this endeavor due to the critical level of health care professionals in Louisiana today.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214
Letter of recommendation from G_ P_, Louisiana State Representatives, dated August 7, 2003.
Letter of recommendation from R_ M_, M.D., employer, dated July 28, 2003.
Letter of recommendation from pastor M_ A_ S_, dated July 29, 2003.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     921110 - 930314  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 930315               Date of Discharge: 950623

 Length of Service (years, months, days):

         Active: 02 03 09
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 59

 Highest Rate: HN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.73 (3)    Behavior: 3.66 (3)                OTA: 3 .80

 Military Decorations: None
Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: None

 Character, Narrative Reason, and Authority of Discharge (at time of issuance):

GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630620.

 Chronological Listing of Significant Service Events :

950118:  NJP for violation of UCMJ, Article 81: Conspiracy; violation of UCMJ, Article 112a: Wrongful use of controlled substance, violation of UCMJ, Article 134: Obstruction of justice.
         Date of Offense: 940701
         Award: Forfeiture of $250 per month for 2 months, reduction to HA. No indication of appeal in the record.
950127:  Applicant notified of intended recommendation for discharge under honorable conditions (general) by reason of misconduct due to drug abuse and misconduct is based on Commanding Officer’s nonjudicial punishment of wrongful use of controlled substances held on 950118 as evidenced by your voluntary written statement of drug use dated 941026.
950131:  Applicant advised of rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
950310:  An Administrative Discharge Board, based upon a preponderance of the evidence and by 2-1 vote, found that the Applicant had committed misconduct due to drug abuse, that the misconduct warranted separation, and recommended discharge under honorable conditions (general).

950419:  Commanding Officer recommended by reason of misconduct due to drug abuse (use). Commanding Officer’s comments: Hospitalman G_ (Applicant) performance is characterized by hard work, initiative and attention to detail. She has matured during the last few months and has shown potential and desire to succeed in any endeavor. Although she committed a serious offense by abusing drugs, she shows integrity by admitting to it voluntarily and showing remorse. I strongly concur with the dissenting opinion of the President of the Administrative Board, Captain L_ as indicted in enclosure (1). Hospitalman G_ (Applicant) has my strongest recommendation for continued naval service

950526:  BUPERS directed the Applicant's discharge under honorable conditions (general) by reason of misconduct due to drug abuse (use).

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19950623 under honorable conditions (general) for misconduct due to drug abuse (A). The Board presumed regularity in the conduct of governmental affairs (B). After a thorough review of the available 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: There is credible evidence in the record that the Applicant used illegal drugs. Mandatory processing for separation is required for sailors who abuse illegal drugs. Separation under these conditions generally results in characterization of service under other than honorable conditions. The Applicant’s allegations, that “I was never medically tested,” does not refute the presumption of regularity in this case. The evidence of record does not demonstrate that the Applicant was not responsible for her conduct or that she should not be held accountable for her actions. Relief denied.

The Veterans Administration determines eligibility for post-service benefits not the Navy Discharge Review Board (NDRB). There is no requirement or law that grants recharacterization solely on the issue of obtaining Veteran’s benefits and this issue does not serve to provide foundation upon which the Board can grant relief.

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 documentation to support any claims of post-service accomplishments or any other evidence related to her discharge 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 9/94, effective
22 Jul 94 until 02 Oct 96, 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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