ND06-00786   ex-SHSN, USN

Discharge at Issuance and Applicant’s Request:
Application Received:  				20060519 
Narrative Reason for Separation:			DRUG ABUSE
Character of Service:				GENERAL (Under Honorable Conditions)
Authority of Discharge:				MILPERSMAN Article 1910-146
Narrative Reason for Separation be changed to: 	“EAOS”
Characterization of Service be changed to:  		Honorable 
The Applicant requests:  				Documentary review
Representation:  					NONE
Complete Service Record:				Yes
Complete Medical Record:			No
Discharge Package Complete:			Yes
Command at Discharge:  				USS KITTY HAWK CV 63

Decision:
Date of Decision:					20070329
The Discharge shall change to:			GENERAL (UNDER HONORABLE CONDITIONS)
						COMPLETION OF REQUIRED ACTIVE SERVICE
						SPD CODE:  KBK
Location of Board:				Washington D.C.
Regarding propriety, the Board found the discharge:	NOT Proper
Regarding equity, the Board found the discharge:	Equitable at ISSUANCE;
after consideration of post-service equity:	EQUITABLE	
Vote:						Unanimous

Summary of Service:
Prior Service:
Inactive: 					USNR (DEP):  19980415 - 19980426	COG
Active:   		NONE

Period of Service Under Review:
Age at this Enlistment:  19				Years Contracted:  4 (7-month extension)
Education Level:  				12
AFQT:  						35
Highest Rate:  					SHSN			
Date of Enlistment:  				19980427
Date of Discharge:				20021126
Length of Service:				04  Yrs  07  Mos  00  Days
Time Lost During This Period:			NONE
						NONE

Performance Evaluation Averages (number of marks):
Performance/Behavior/OTA:			3.0 (1) /	1.0  (1)    /  2.00

Awards and Decorations (as listed on the DD Form 214):
aRMED FORCES EXPEDITIONARY MEDAL (2), SEA Service Ribbon (3), oVERSEAS SERVICE RIBBON

Disciplinary and Counseling Events:

980820:	Retention Warning:  Advised of deficiency (Failure to disclose pre-service civil involvement/convictions.  Possession of marijuana (juvenile) June 1995, Los Angeles, CA.  Drinking in public, December 1996, Los Angeles, CA.  Vandalism, January 1998.  Charge was lowered to trespassing.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

021017:	NJP for violation(s) of UCMJ:
	Article 92:  Failure to obey lawful; general order (possessed drug paraphernalia).  Article 112a (3 specs):  Spec 1 and 2:  Wrongfully use marijuana.  Spec 3:  Wrongfully possessed marijuana.  Award:  Forfeiture of $875.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-3.  No indication of appeal in service record.

Elements of Discharge:
Elements of notification:				
	Date:							20021017
Narrative Reason(s):					Misconduct- Drug Abuse
	Least Favorable Characterization:				UOTHC
Does record show Applicant met criteria for narrative reason(s):	Yes
Date Applicant responded to notification:				20021017
Rights elected at notification:							
Obtain Copies	  					
Submit Statement(s)					
Consult with Counsel					
GCMCA Review						
Administrative Board					
Board Date:							20021024
Finding of Administrative Board:					Misconduct: Drug abuse
								Separation:  general discharge
								SUSPENDED:  12 MONTHS
Recommendation of Commanding Officer (date):			GENERAL (20021102)
								NOT SUSPENDED
Discharge directed by:						COMNAVPERSCOM
Date discharge directed:						20021106
Narrative reason directed:						MISCONDUCT – DRUG ABUSE
Characterization of directed:					GENERAL (UNDER HONORABLE CONDITIONS)

Propriety and Equity

After a thorough review of the Applicant’s Summary of Service, Disciplinary, and Counseling Events, Elements of Discharge and documentation submitted by the Applicant, the Board found no inequity in the Applicant’s characterization of service or narrative reason for separation at the time of issuance and after consideration of post-service conduct.  However, the Board did grant partial relief on the basis of propriety. 

Applicable regulations stipulate that discharges by reason of completion of required active service should be characterized as honorable unless the member’s final evaluation average is 2.49 or below.  The Applicant’s final evaluation average was 2.00, which made the Applicant eligible for a general (under honorable conditions) characterization.  Due to the Applicant’s violations of Articles 92 and 112a of the UCMJ, the Board found the Applicant’s characterization of service equitable.  Relief on this basis is denied.

Applicant’s Issue:
1.  The Applicant contends that his enlistment was extended in order to administratively process the Applicant for separation.

Acceptance of Applicant’s Issue:
The Board accepted the Applicant’s issue for consideration.  

Issue 1 (Propriety).  The evidence of record shows the Applicant was involuntary extended for the purposes of administrative separation.  Therefore, the Board determined the Applicant’s separation was improper and that the Applicant should have been discharged at the completion of his voluntary extension on 20021026.  Therefore, the board voted unanimously to change the Applicant’s narrative reason for separation to “completion of required active service.”  Partial relief granted.

Documentation submitted by the Applicant and considered by the Board
Applicant’s DD 214 (member 1 and 4)
six pages from applicant’s service record

Pertinent Regulation/Law
A.  The Naval Military Personnel Manual, (NAVPERS 15560C), re-issued October 2002, effective 22 Aug 2002 until Present, 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 ,  Para 503, Equity and Para 211, Regularity of Government Affairs.  

Corrections to the Applicant’s DD 214

The NDRB did note administrative error(s) on the original DD Form 214.  Block 12c, Net Active Service This Period, should read:  “04  07  00,” and Block 13, Decorations, Medals, Badges, Citations, and Campaign, should read:  ARMED FORCES EXPEDITIONARY MEDAL (2), SEA SERVICE DEPLOYMENT RIBBON (3), OVERSEAS SERVICE RIBBON.”  The Commander, Navy Personnel Command, Millington, TN, will be notified, recommending the DD Form 214 be corrected or reissued, as appropriate.

 

Board Membership:  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