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NAVY | DRB | 2006_Navy | ND0600122
Original file (ND0600122.rtf) Auto-classification: Denied


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

ex-HN, USN
Docket No. ND06-00122

Applicant’s Request
The application for discharge review was received on 20051026. The Applicant requests the Narrative Reason for Separation be changed to “Convenience of Government.” 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 20060825 . 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 c hange. 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 improper because I was never given an opportunity to defend the allegations made against me. There has never been any other disciplinary action toward me. I deny any and all charges of substance abuse.”

 Applicant’s Remarks: (Taken from the DD Form 293)

“In addition to this review I would like to respectfully request a re-enlistment code change so that I may resume military service.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Evaluation Report & Counseling Record, dtd February 12, 2001
Applicant’s DD Form 214
Report of Urine Sample Test, dtd March 12, 2001
Letter from Applicant, dtd March 27, 2006

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     20000404 – 20000501               COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 20000502             Date of Discharge: 20010524

 Length of Service (years, months, days):

          Active: 01 00 2 3
         Inactive: None

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

 Age at Entry: 19

 Years Contracted: 4 (12 month extension)

 Education Level: 12                                 AFQT: 56

 Highest Rate: HN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.0 (2 )     Behavior: 2.0 (2 )                 OTA: 2 . 75

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): None


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 :

010312:  NAVDRUGLAB, SAN DIEGO, CA, reported Applicant’s urine sample, received 010305, tested positive for Amphetamine/Methamphetamine [Extracted from documents provided by Applicant ].

010524:  DD Form 214: Applicant discharged general (under honorable conditions) by reason of misconduct, authority MILPERSMAN 1910-146/CO NMC LTR DTD 11 MAY 01.
Service Record did not contain the Administrative Discharge package.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20010524 by reason of misconduct due to drug abuse (A and B) with a service characterization of general (under 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 Applicant denies that she ever used drugs and argues that her discharge was improper because she was never given an opportunity to defend the allegations against her . The government enjoys a presumption of regularity in the conduct of its affairs. The Applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support her issue. The Applicant’s statements alone do not overcome the government’s presumption of regularity. There is no evidence in the record of impropriety nor does the applicant provide evidence to support her allegation of impropriety. Further, a positive urinalysis result is sufficient to support processing for misconduct due to drug abuse. Separation by reason of drug abuse does not require adjudication by judicial or nonjudicial proceedings . 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 did not request a discharge characterization change. Applicable regulations stipulate that a request for review from an Applicant who does not have an Honorable discharge shall be treated as a request for a change to an Honorable discharge. The Applicant received a General (under honorable conditions) discharge. An upgrade to honorable is not warranted. Relief denied.

The Applicant requests a change of narrative reason to convenience of the government. The NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the reason for discharge if such change is warranted. There is no evidence of impropriety, inequity or procedural irregularities in the Applicant's discharge. The summary of service clearly documents that drug abuse was the reason the Applicant was discharged. Since no other Narrative Reason for Separation could more clearly describe why the Applicant was discharged, a change would be inappropriate. Relief denied.

The Applicant requested a change in her enlistment code in order to “resume military service.” The NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, and the NDRB is not authorized to change a reenlistment code. An unfavorable “RE” code is, in itself, not a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.

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 31, dated 20 Feb 01, effective 12 Feb 2001 until 15 Jul 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 (use of drugs).

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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