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NAVY | DRB | 2004_Navy | ND04-01188
Original file (ND04-01188.rtf) Auto-classification: Denied


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

ex-AR, USN
Docket No. ND04-01188

Applicant’s Request
The application for discharge review was received on 20040719. The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions and the reason for the discharge be changed to “not drug related-reentry code chg.” 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 20041122. 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 and reason for 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

 Applicant’s issues, as stated on the application:

1. “My discharge was inequitable because it was based on a confession that I was urged/encouraged to write, admitting that I had used illegal drugs. Results of my drug test were negative, however, which confirmed that I had not used drugs.

I enlisted into the U.S. Navy and graduated boot camp in February 2000. I then went to NAS Pensacola to do my A school. Approximately nine weeks before I was scheduled to graduate, I did the most foolish thing I have ever done—I went U.A. for a reason that is irrelevant. Shortly thereafter, I did realize that I needed to face the consequences of my actions, and I turned myself in to my commander. During our conversation, I was asked if I wanted to stay in the Navy. Not realizing that being discharged was an option and without thinking, I said I did not. I was then advised to write a convincing statement on a confession admitting that I used drugs while I was U.A. I wrote the confession and was drug tested. I had Captain’s Mast and was discharged OTHER THAN HONORABLE with a reentry code of RE-4/HKK for drug use.

As I was serving the 11 of the 30 days assigned to me in the restriction barracks prior to discharge, I had plenty of time for reflection of my actions, and I was beyond disappointed with myself. In addition to not living up to my Navy oath—Honor, Courage, and Commitment—I let my country down as well as myself. I am a better person than that; however, I realize my actions say otherwise. As soon as I was released, I went by the laboratory and asked for a copy of my drug results, which were negative (copy attached).

I am truly remorseful but do accept full responsibility for my actions, of both going U.A. and then lying about the illegal use of drugs. If my mistake could be pardoned, it would be a great honor for me to serve my country. I would like to reenlist into the Navy and be the sailor I am capable of being and one in which I am confident, given another chance, the Navy would value. Prior to this incident, I had no reprimands. I respectfully request that my reentry code be changed so I will be able to reenlist.

Thank you”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of NAVDRUGLAB, Jacksonville, FL report of urine sample test, dated October 30, 2000
Copy of Navy Drug Screening Urinalysis Register, dated October 23, 2000

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: None
         Active: None

 Period of Service Under Review :
Date of Enlistment: 991216               Date of Discharge: 001109

 Length of Service (years, months, days):

         Active: 00 09 28
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 9                         AFQT: 63

 Highest Rate: AR

 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 in the Applicant’s record

 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 :

001031:  NJP for violation of UCMJ, Article 86: Unauthorized absence, violation of UCMJ, Article 112a: Wrongful use of a controlled substance.
         Award: Forfeiture of $502.00 per month for 2 months, restriction and extra duty for 45 days. No indication of appeal in the record.
001031:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug.
001031:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27(b), elected to waive all rights.
001101:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse.

001103:  CNET directed 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 20001109 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: The Applicant contends that he admitted usage for the sole purpose of obtaining a discharge from the Navy. The evidence of record did not show that the Applicant was either not responsible for his conduct or that he should not be held accountable for his actions. Your self-admission to drug use is considered as “wrongful use of a controlled substance” punishable under the UCMJ, Article 112a. The Applicant’s service was marred by award of nonjudicial punishment (NJP) for violations of Articles 86 and 112a of the UCMJ. The NRDB found that the Applicant’s service was equitably characterized. Relief denied.

The summary of service clearly documents the Applicant’s misconduct, and was the reason for his discharge. No other Narrative Reason for Separation more clearly describes why the applicant was discharged. To change the Narrative Reason for Separation would be inappropriate. Relief based on this issue is not warranted.

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. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.

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 . The Naval Military Personnel Manual, (NAVPERS 15560C), Change 27, effective 27 March 2000 - 11 Feb 2001, 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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