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NAVY | DRB | 2005_Navy | ND0501080
Original file (ND0501080.rtf) Auto-classification: Denied


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

ex-AA, USN
Docket No. ND05-01080

Applicant’s Request
The application for discharge review was received on 20050614. The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. The Applicant requests a documentary record discharge review. The Applicant did not designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20051117. 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:

“In my two years, five months of service in the United States Military, I was a dedicated worker and displayed excellent work ethic. During my tenure, I continuously received excellent evaluations as well as developed and maintained exceptional rapport with my superiors and fellow shipmates. I always showed the utmost respect for all those around me. I had not received so much as a counseling chit during my term. I greatly enjoyed my service in the United States Navy and deeply regret the actions that forced me out. My mistake had caused repercussions that have affected my ability to adequately provide for my family. Although there are no excuses for my actions that led to my discharge, I implore you to upgrade my status. A status upgrade would greatly assist in obtaining the types of jobs that I am qualified for and would like to pursue. In conclusion, I feel my discharge was inequitable due to one solitary occurrence in my 29 months of otherwise untarnished record. I hope you will consider all of these reasons in your decision. Thank you for your time in reference to my case.”

 Documentation
Only the service record and medical record was 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)     19980812 – 19980826               COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 19980827             Date of Discharge: 20010205

 Length of Service (years, months, days):

         Active: 02 05 09 (Does not include lost time.)
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: 01 day
         Confinement:              None

 Age at Entry: 19

Years Contracted: 4

Education Level: 12                                 AFQT: 37

 Highest Rate: AN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.0 (3)              Behavior: 3.5 (3)                 OTA: 2.75
Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): Sea Service Deployment Ribbon, Armed Forces Expeditionary Medal


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 :

990519:  Applicant to unauthorized absence at 0730 on 990519. Intentions unknown.
990520:  Applicant from unauthorized absence at 0900 on 990520 (1 day/surrendered).

 001010:  NAVDRUGLAB, Jacksonville, FL, reported Applicant’s urine sample, received 000928, tested positive for THC.

 001102:  NJP for violation of UCMJ, Article 112a: Wrongful use of marijuana on or about September 24, 2000.
 Award: Forfeiture of $564.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-2. No indication of appeal in the record.
001205:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as under other than honorable conditions by reason of misconduct due to drug abuse.
001205:  Applicant advised of rights and having elected not to consult with counsel, elected to obtain copies of the documents used to support the basis for the separation and to submit a statement to the Administrative Board or to the Separation Authority in lieu of a board.

010104:  Drug and Alcohol Program Advisor (DAPA) administrative screening:
         History: Based on history of servicemember is rated: as having no potential for further useful service, eligible for treatment, and amenable to participate in treatment.
 Summary of review: This service member is sharp. Unfortunately he made a bad decision under the influence of alcohol. If it was up to me as DAPA I would strongly recommend retention. Losing too many good sailors over a one time mistake.
010104:  Applicant was offered treatment at an inpatient rehabilitation facility. The Applicant elected not to be seen by CAAC or the ship’s Psychologist to determine whether the Applicant needed any treatment prior to discharge.

010116:  Commanding Officer, USS JOHN F. KENNEDY (CV 67), recommended to the Commander, Carrier Group SIX, that the Applicant be discharged under other than honorable conditions by reason of misconduct due to drug abuse. Commanding Officer’s comments: “AA S_ (Applicant) has been onboard the USS JOHN F. KENNEDY for 2 years. AA S_ (Applicant) went to NJP for wrongful use of Marijuana as evidenced by enclosures (2) Copy of Urinalysis Register of 24Sep00 and (3) NAVDRUGLAB JACKSONVILLE FL MSG 101455Z Oct 00. Illegal drug use is not acceptable and creates a hazardous working environment. AA S_ (Applicant) does not contest this separation, nor does he request any after-care treatment for his substance abuse. In my opinion, he has no potential for future service; therefore, I strongly recommend that he be separated from the Naval Service under Other Than Honorable conditions for misconduct due to drug abuse.”

010118:  Commander, Carrier Group SIX, 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 20010205 by reason of misconduct due to drug abuse (A) with a service characterization 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 (B and C).

The Applicant states his discharge was inequitable because it was based on one solitary occurrence in 29 months of service. Despite a servicemember’s prior record of service, certain serious offenses, even though isolated, warrant separation from the naval service in order to maintain proper order and discipline. The Applicant’s service record is marred by award of nonjudicial punishment (NJP) for illegal drug use, thus substantiating the misconduct for which he was separated. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge. In the Applicant’s case, the Board could discern no impropriety or inequity and therefore consider his discharge proper and equitable. Relief denied.

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 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.

The following is provided for the edification of the Applicant. The Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge.

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

C. 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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