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NAVY | DRB | 2004_Navy | ND04-00309
Original file (ND04-00309.rtf) Auto-classification: Denied


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

ex-AA, USN
Docket No. ND04-00309

Applicant’s Request
The application for discharge review was received on 20031210. The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. The Applicant requests a documentary record review. The Applicant did not list any representative on the DD Form 293.

Decision

A documentary review was conducted in Washington, D.C. on 20040827. 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: UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-146, formerly Article 3630620.

 The NDRB did note an administrative error on the original DD Form 214. Block 24, Character of Service, should read: "UNDER OTHER THAN HONORABLE CONDITIONS" vice "OTHER THAN HONORABLE." The Commander, Naval Personnel Command, Millington, TN, will be notified, recommending the DD Form 214 be corrected or reissued, as appropriate.







PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

 “To Whom It May Concern:

My name is K_ J. B_. I served in the United States Navy From May 22, 2000 until August 2, 2002. I am writing you in reference to my discharge from the United States Navy, and to apologize for a terrible mistake. However, I’m asking for your help in getting a second chance. I was discharged from the United States Navy because I failed the random urine drug screen, and I have felt the effects ever since.

While at a party during Memorial Day weekend, a few friends and I engaged in the consumption of alcoholic beverages, and the consumption of marijuana. Upon returning to work after Memorial Day, my LPO AT1 B_ approached me told me I had to take a urine drug screen today. In reply to AT1 B_, I stated that I knew I was going to fail. I later told my chief, AMC B_ about my consumption of marijuana that weekend. His reply was why did I consume marijuana. I replied by telling him that I was going through some personal problems which I had asked for help in solving numerous times. AMC B_ asked me did I think this was going to solve my problem. I replied to him no chief, but it’s the only way to get it off of my mind. After that I started my leave period. When I returned I was instructed to go up stairs to see the legal officer, Lieutenant S_. She handed me a stack of papers to be signed, which included the report chit with my statement of admitting to using narcotics, and another sheet for me to waiver my rights for an attorney. I was ordered to report to mast the day after which was June 10 th . I requested to speak to my commanding officer in private and I explained to him what happened. He said it was out of his hands and I had to be punished. I then was taken to building O22, the restriction barracks for 30 days of restriction. My punishment also included reduction in rank to E-2. I served my 30 days and reported back to my command for another 3 weeks to work in First Lieutenant. I was then discharged. I look back and think about how well I was doing in the United States Navy before I made the terrible mistake on Memorial Day weekend.

I am only 21 years of age, and I don’t want to spend the rest of my life with this hanging over my head. There was no excuse and still is no excuse for what I did, but I am truly sorry and upset for what I did. Since that incident, I’ve been working and trying to stay focused, and staying drug free. I feel like I let the navy down. I also let my family down and myself as a person. That incident in the navy was my first and only offense. It a stupid and weak-minded mistake. I’m asking for your help for re-enlistment into the armed forces, if not to retire to finish out my tour. I owe this much to myself, my family, and most of all my country. I look forward to your response, and thank you for your prompt help.”

 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)     000428 - 000521  COG
         Active: USN                        None

 Period of Service Under Review :
Date of Enlistment: 000522               Date of Discharge: 020802

 Length of Service (years, months, days):

         Active: 02 02 11
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 32

 Highest Rate: AN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (3)    Behavior: 1.66 (3)                OTA: 2.87

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SSDR, AFEM, NER

 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 :

020528:  NJP for violation of UCMJ, Article 112a: Wrongful use of a controlled substance.
         Award: Restriction for 30 days, reduction to E-2. No indication of appeal in the record.
020605:  NAVDRUBLAB Jacksonville, FL 052045Z Jun 02.

 020611:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
020611:  Applicant 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.
020627:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse.
020722:  COMNAVAIRLANT NORFOLK, VA authorized the Applicant'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 Applicant was discharged on 20020802 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: 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 Board found no indication in the record that the Applicant was inequitably or improperly denied any of his legal rights. The Applicant’s allegation, that he self-referred as a drug abuser is not supported by the record and does not refute the presumption of regularity in this case. The evidence of record does not demonstrate that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions. Relief denied.

Concerning a change in reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reentry into the naval service or any other of the Armed Forces. The NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy or Marine Corps. Reenlistment policy of the naval service is promulgated by the Commander, Navy Recruiting Command, 5722 Integrity Drive, Bldg 784, Millington, TN 38054. Neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to reenlistment. A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter.

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 his discharge 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 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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