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NAVY | DRB | 2004_Navy | ND04-00588
Original file (ND04-00588.rtf) Auto-classification: Denied


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

ex-AMASN, USN
Docket No. ND04-00588

Applicant’s Request
The application for discharge review was received on 20040225. The Applicant requests the characterization of service received at the time of discharge be changed to honorable and the RE code changed. 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 20041029. 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 shall not change. The discharge shall remain: GENERAL (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. “I would like my “re code changed” on my DD214 I would like a honorable discharge.

If you carefully read my enlisted evals you will see that I was a supervisor sailor and mechanic I work very hard.

If you read my training record you will see this incident was alcohol related not drugs! I did a small amount of drugs will “Intoxicated” I also asked to go to detox after the hearing.

I have made one mistake and it change my life.

I think enough time has gone by recode + honorable are my only concerns.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Letter from Applicant, dated February 25, 2004

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     890811 - 900709  COG
         Active: USN                        900710 - 950915  HON

 Period of Service Under Review :
Date of Enlistment: 950916               Date of Discharge: 970324

 Length of Service (years, months, days):

         Active: 01 06 09
         Inactive: None

 Age at Entry: 27                          Years Contracted: 3

 Education Level: 12                        AFQT: 47

 Highest Rate: AMA3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.93 (6)    Behavior: 3.80 (6)                OTA: 3.90

 Military Decorations: SSDR (3 rd ), GCM, SWASM, NDSM, KLM

 Unit/Campaign/Service Awards: NUC, MUC

 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 :

961221:  NAVDRUGLAB, San Diego, CA, reported Applicant’s urine sample, received 961206, tested positive for Amphetamine and Methamphetamine.

970102:  NJP for violation of UCMJ, Article 112A: MBR, did, at or near NAWS PT MUGU CA on or about 20 NOV 1996, wrongfully use amphetamine and methamphetamine.
         Award: Forfeiture of $598.35 per month for 2 months, reduction to E-3. No indication of appeal in the record.
970106:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
970123:  Applicant advised of rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
970228:  An Administrative Discharge Board, based upon a preponderance of the evidence and by a vote of two to one, found that the Applicant had committed misconduct due to drug abuse, that the separation be suspended for 24 months, and by a unanimous vote, recommended discharge of General (Under Honorable Conditions).

970310:  Commanding Officer directed discharge under honorable conditions (general) by reason of misconduct due to drug abuse.

970402:  BUPERS requested command forward copy of DD-214 to close out ADSEP file.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19970324 with a general (under 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: When a Sailor’s service has been honest and faithful, it is appropriate to characterize that service under honorable conditions. Characterization of service as general (under honorable conditions) is warranted when significant negative aspects of a member's conduct or performance of duty outweigh the positive aspects of the member's military record. The Applicant’s service was marred by the award of nonjudicial punishment (NJP) for violation of Article 112A of the Uniform Code of Military Justice (UCMJ).
There is credible evidence in the record that the Applicant used illegal drugs. Even one instance of drug abuse warranted processing for separation. Separation under these conditions generally results in characterization of service under other than honorable conditions. Relief denied.
Concerning a change in reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces. An unfavorable “RE” code is, in itself, not a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for reenlistment 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. 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 14, effective
03 Oct 96 until 11 Dec 97, Article 3630620 SEPARATION OF ENLISTED PERSONNEL 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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