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NAVY | DRB | 2005_Navy | ND0501321
Original file (ND0501321.rtf) Auto-classification: Denied


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

ex-CTRSA, USN
Docket No. ND05-01321

Applicant’s Request
The application for discharge review was received on 20050801. 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 20060406. 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 and reason for discharge shall not change. The discharge shall remain General (Under 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:

“My discharge was inequitable, as it was based on an isolated incident during my term of service.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     20030605 – 20040216               COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 20040217             Date of Discharge: 20041025

 Length of Service (years, months, days):

         Active: 00 08 09
         Inactive: None

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

 Age at Entry: 21

 Years Contracted: 4

Education Level: 14                                 AFQT: 99

 Highest Rate: CTRSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NA*                  Behavior: NA*             OTA: NA*

 Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): National Defense Service Medal.

*Not Available


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

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

040727:  NAVDRUGLAB, Jacksonville, FL, reported Applicant’s urine sample, received 040723, tested positive for cocaine.

040805:  NJP for violation of UCMJ, Article 112a: Did, on or about 19 July 2004, wrongfully use cocaine.
         Award: Forfeiture of $668.00 pay per month for 2 months, restriction and extra duty for 30 days, reduction to E-2. No indication of appeal in the record.
040901:  Substance Abuse Rehabilitation Program Consultation Sheet: Applicant evaluated for substance abuse. “Patient denies having ever used cocaine but he admits to having used alcohol excessively during his college years. He is willing to attend Impact to help him moderate his drinking behavior.”
041007:  Applicant notified of intended recommendation for discharge by reason of misconduct due to drug abuse. Applicant notified that if separation is approved, the least favorable characterization of service possible is under other than honorable conditions.

041007:  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights.
041008:  Commanding Officer, Center of Cryptology Corry Station directed Applicant’s discharge with a general (under honorable conditions) by reason of misconduct due to drug abuse.

041103:  Commanding Officer, Center of Cryptology Corry Station forwarded the administrative discharge package to CNPC. Commanding Officer’s comments: “Seaman B_ (Applicant) reported to this command as a student on 17 April 2004. On 5 August 2004, Seaman B_ (Applicant) appeared before me at Captain Mast for violation of UCMJ, Article 112a. Drug use in the Navy is exceptionally hazardous and cannot be tolerated. However, in the aftermath of Hurricane Ivan, Seaman B_ (Applicant) provided outstanding assistance in the repair and clean up of Corry Station, despite the fact he was facing an adverse discharge from the Navy. His efforts in this regard convinced me to characterize his service more favorably than under normal circumstances. Date, reason, and characterization if separated locally: Seaman B_ (Applicant) was separated on 25 October 2004 by reason of misconduct due to drug abuse with a general discharge ”

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20041025 by reason of misconduct due to drug abuse (A) with a service characterization of general (under 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 contends that his discharge is inequitable because it is based on a single isolated incident during his term of service. Applicable regulations require that a Sailor’s characterization of service be based upon the member’s total performance of duty and conduct during the current enlistment. Furthermore, there are circumstances where conduct or performance of duty reflected by a single adverse incident may form the basis of characterization for a Sailor’s overall service. The incident need not result in formal punishment to be properly used to characterize a Sailor’s service. There is credible evidence in the record that the Applicant used illegal drugs. The Applicant was awarded nonjudicial punishment (NJP) for a violation of UCMJ Article 112a, wrongful drug use. 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 Applicant was properly notified, processed and discharged with a general (under honorable conditions) by reason of misconduct due to drug abuse. Based upon available records, nothing indicates that the Applicant’s discharge was in any way inconsistent with the standards of discipline in the United States Navy. Therefore, the Board concluded that the Applicant’s discharge was proper and equitable as issued. Relief denied.

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), re-issued October 2002, effective 22 Aug 2002 until 28 April 2005, 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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