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NAVY | DRB | 2005_Navy | ND0500057
Original file (ND0500057.rtf) Auto-classification: Denied


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

ex-STGSR, USNR
Docket No. ND05-00057

Applicant’s Request
The application for discharge review was received on 20041008. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a documentary record review. The Applicant did not list any representative on the DD Form 293. In the acknowledgement letter, the Applicant was informed that he was approaching the 15-year point for review by this Board and was encouraged to attend a personal appearance hearing in the Washington D.C. area. The Applicant did not respond.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20050107. 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 – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.




PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

1. “During the past 14 years my life has changed considerably, and I have since recovered from my drug & alcohol abuse. I am now a responsible and productive member of society with a wife and two children. The reason for my request is that I may register with the South Carolina Law Enforcement Division in order to work as an armed security officer. In order to do that I must have been Honorably Discharged from military service. My desire is to work in some capacity in Law enforcement and public safety and to serve my community in some way. I am therefore very respectfully requesting an upgrade in the characterization for military discharge.”

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: None
         Active: None

 Period of Service Under Review :
Date of Enlistment: 880929               Date of Discharge: 891204

 Length of Service (years, months, days):

         Active: 01 01 11
         Inactive: 00 00 25

 Age at Entry: 18                          Years Contracted: 8

 Education Level: 12                        AFQT: 66

 Highest Rate: STGSR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: None                 Behavior: 3.00 (1)                OTA: 3.00

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: None

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.

 Chronological Listing of Significant Service Events :

881024:  Commenced thirty-six months on active duty under the Active Mariner Program.

881025:  Certified understanding of USN policy on drug and alcohol abuse.

890316:  Medical evaluation for drug abuse found the Applicant to be a drug/alcohol dependent. Not amenable for treatment. Recommended for separation via VA hospital.

890403:  UA from 0700-1155.

 890414:  NJP for violation of UCMJ, Article 134: Disorderly conduct, drunkenness; sniffing glue and driving under the influence.
         Award: Forfeiture of $300 per month for 2 months, extra duty for 45 days. No indication of appeal in the record.
890811:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse and by reason of drug abuse rehabilitation failure as evidenced by non-amenability to participate in a program of treatment.
890818:  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.
890830:  NAVDRUGLAB, San Diego, CA, reported Applicant’s urine sample, received 890822, tested positive for THC.
890905:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse.

890927:  CNMPC directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse.

 891107:          Elected to receive VA treatment for substance abuse.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19891204 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. Drug abuse warranted processing for separation. Separation under these conditions generally results in characterization of service under other than honorable conditions.
The Applicant’s discharge characterization accurately reflects his service to his country. Normally, to permit relief, an inequity or impropriety must have existed during the period of enlistment in question. No such inequity or impropriety is evident during the Applicant’s enlistment. Additionally, there is no law, or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time, to enhance employment opportunities, or for good conduct in civilian life, subsequent to leaving the service. Relief not warranted.

The Applicant is reminded that he may also petition the Board for Correction of Naval Records (BCNR) at 2 Navy Annex, Washington, D.C. 20370-5100 to review his service record for a change to his characterization of service.

Pertinent Regulation/Law (at time of discharge)

 A. Navy Military Personnel Manual, (NAVPERS 15560A), Change 6, effective 11 Jan 89 until 13 Jun 90, Article 3630620, SEPARATION OF ENLISTED MEMBERS BY REASON OF MISCONDUCT DUE TO DRUG ABUSE.

B. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

C. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety .

 D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity .

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 “ http://Boards.law.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:

                  Secretary of the Navy Council of Review Boards
                   Attn: Naval Discharge Review Board
                   720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023


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