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NAVY | DRB | 2005_Navy | ND0500726
Original file (ND0500726.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT
FOR OFFICIAL USE ONLY

ex-SA, USN
Docket No. ND05-00726

Applicant’s Request
The application for discharge review was received on 20050324. The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable or general (under honorable conditions). The Applicant requests a personal appearance discharge review before a traveling panel closest to Pittsburgh, PA. The Applicant did not designate a representative on the DD Form 293. In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) does not travel; all hearings are held in Washington DC area at the Washington Navy Yard. The NDRB also advised that the Board first conducts a documentary review prior to any personal appearance hearing. Subsequent to the application, t he Applicant obtained representation from the American Legion.

 Decision

A documentary discharge review was conducted in Washington, D.C. on 20060112. 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 by reason of misconduct due to drug abuse.
PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application attached document/letter:

“I was charged of taking ecstasy and admitted to it. I was given a reprimand and was trying to stay in the Army but because of Zero Tolerance I was discharged. I had past the drug test prior to being discharged and my criminal record is completely clean. I tried to join the Naval Reserves and they told me that had I had a clean drug test I would have been able to stay in the Army but this was not done even though I tested negative to drugs.”
Documentation
Only the service and medical records were reviewed. The Applicant did not provide additional documentation for the Board’s consideration.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19981027 - 19990829      COG
         Active: None
Period of Service Under Review :
Date of Enlistment: 19990830             Date of Discharge: 20000714

 Length of Service (years, months, days):

         Active: 00 10 15
          Inactive: None
Time Lost During This Period (days):
         Unauthorized absence: None
         Confinement:              None

 Age at Entry: 18

 Years Contracted: 4

 Education Level: 12                                 AFQT: 76

 Highest Rate: SA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NA*                                    Behavior: 1.0 (1)                 OTA: 1 .00

 Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): None
* Not Available


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

UNDER OTHER THAN HONORABLE CONDITIONS/ MISCONDUCT, authority: MILPERSMAN, Article 1910-146, formerly Article 3630620 .
Chronological Listing of Significant Service Events :

000612:  Applicant’s statement admitting to drug use during a Defense Security Service interview.

000627:  Addiction Treatment Facility Department, Substance Abuse Screening:
         Assessment: Applicant does not meet abuse/dependence criteria for drugs or alcohol.

000628:  Applicant acknowledged receipt of notification of intended recommendation for discharge.

000628:  Applicant advised of rights and having elected not to consult with counsel [or] having consulted with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation. ( Only have the second page of notice and statement of awareness.)
000706:  Commanding Officer Naval Technical Training Center, Corry Station, Pensacola, FL, recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. Commanding Officer’s comments: “Seaman Apprentice W_ (Applicant) reported to this command on 5 November 1999. On 12 June 2000, during an interview, Seaman Apprentice W_ (Applicant) revealed his use of Ecstasy on several occasions. Seaman Apprentice W_ (Applicant) has no potential for further naval service. Therefore, I recommend that he be separated from the naval service with an Other Than Honorable discharge.”

000707:  Chief of Naval Education and Training, directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse.

000721:  Commanding Officer, Naval Technical Training Center, Corry Station, Pensacola, FL, forwarded the administrative discharge package to CNPC.


Service Record contains a partial Administrative Discharge package.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20000714 by reason of misconduct due to drug abuse (A and B) with a service characterization of under other than honorable conditions. 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). The Board presumed regularity in the conduct of governmental affairs (E).

The Applicant states that after admitting to taking ectasy, he was discharged from the service. The Applicant’s statement also implies that passing a drug test and having a clean criminal record should mitigate his misconduct. The Applicant's misconduct is clearly documented. The evidence of record does not show that the Applicant should not be held accountable for his actions. The Board advises the Applicant that self-admission for drug abuse (use) constitutes confirmation of misconduct and requires a service member to be processed for administrative separation. There is no exemption or special consideration given for voluntary admission. The record shows that in a Defense Security Service interview on 20000612, the Applicant admitted to use of the illegal drug Ecstasy on several occasions. The NDRB advises the Applicant that certain serious offenses warrant separation from the Navy in order to maintain proper order and discipline. Violations of Article 112a are considered serious offenses and typically warrant a punitive discharge if adjudged at a special or general court-martial. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Navy and falls far short of that required for an upgrade of his characterization of service. Relief on this basis is denied

The NDRB found that the Applicant’s service record was missing elements of the administrative discharge package. In the Applicant’s case, the Board presumed that the Applicant’s discharge was regular in all respects. The Board discovered no impropriety after a review of the Applicant’s case.

The Board advises the Applicant that it is authorized to consider outstanding post-service factors in the recharacterization of a discharge, to the extent that such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review. Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, credible evidence of a substance free lifestyle and certification of non-involvement with civil authorities. As of this time, the Applicant has not provided any post-service documentation for the Board to consider.



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 27, effective 27 March 2000 - 11 Feb 2001, Article 1910-146 (formerly 3630620), Separation by Reason of Misconduct - Drug Abuse.

 B. The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article 112a
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 .

 E. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs .

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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