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NAVY | DRB | 2005_Navy | ND0501345
Original file (ND0501345.rtf) Auto-classification: Denied


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

ex-YN3, USNR
Docket No. ND05-01345

Applicant’s Request
The application for discharge review was received on 20050804. 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 20060421. 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:

“I Had Moved and My Former landlord, would not let me get The Remaining of my things, including my Documents (He destroyed All). I need Verification that I was in the Military, Due To School, and Job entry.

I have been in Programs for The Following Discharge reasons. Which is Available upon Request. Because of Discharge I sought help on my own. Which The Military did Not Assist or Give me any Further Help with my situation at the Time or Discharge.

I would like a hearing, Based on My Discharge, However, I would Be satisfied with my Military Personnel File.”
Documentation
Only the service 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: None
         Active: None

 Period of Service Under Review :
Date of Enlistment: 19970204             Date of Discharge: 20000825

 Length of Service (years, months, days):

         Active: 03 06 22
         Inactive: None

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

 Age at Entry: 33

 Years Contracted: 8

 Education Level: 12                                 AFQT: 32

 Highest Rate: YN3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.5 (2)              Behavior: 2.5 (2)                          OTA: 2 .7

 Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): N/A


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 :

000822:  COMNAVREG , directed that the Applicant be discharged under other than honorable conditions by reason of misconduct due to drug abuse.

000825:  Naval Reserve Center Earle NJ discharged Applicant “with an Other than Honorable. Reason for discharge: Misconduct – Drug Abuse. Discharge Authority: MILPERSMAN 1910-146. Reentry Code: RE-4.”

Service Record contains a partial Administrative Discharge package.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20000825 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 available 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 official service record contained a partial Administrative Discharge Package. The Board presumed that the Applicant was notified of intended recommendation for discharge with the least favorable characterization of service as under other than honorable conditions by reason of misconduct, drug abuse, was advised of her rights and elected whether or not to consult with counsel and elected or waived each right.

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 Applicant asserts there was impropriety in her discharge in that she was denied rehabilitation treatment prior to separation but she failed to provide any evidence. The Applicant’s allegations, that she was denied assistance and counseling for her personal problems, do not refute the presumption of regularity in this case. Relief is not warranted.

For the information of the Applicant, copies of your military personnel file can be obtained by sending a completed SF-180 form to:
National Personnel Records Center
9700 Page Avenue
St. Louis, Missouri 63132
You may be able to obtain the SF-180 from local Veterans Administration offices , veterans’ service organizations, or from the internet ( www.archives.gov ).

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 additional evidence related to this 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. 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, wrongful use or possession of a controlled substance.
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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