General Discharge Upgrade

[SDDubb]

What is the name of your state? Florida
I was kicked out of the Navy for inhaling Nitrous Oxide (stupid, I know), and given a general discharge because I opted for an "Admin Board." The ART. 15 charge was "failure to obey," but the discharge was under the premise of "commission of a serious offense" and "zero tolerance" even though Nitrous is NOT a scheduled or controlled substance or drug according to the president or DEA's list.

Anyhow, I wasn't allowed to choose Courts-Martial because I was attached to a ship command. I have posted about this before, however I wanted to condense my post so I could increase my chance of getting an answer.

It has been suggested that I may find success with an upgrade (which is all I want) considering current notions of due process, considering the Hamdi decision. However, I don't know how I could use this to prove IMPROPRIETY or INEQUITY with a DRB. Would it just be a request for clemency?

For evidence on my behalf, we submitted charachter statements, my evals, a number of MILPERSMAN Reg's mainly regarding Discharge Characterizations (specifically 1910-212, 1910-222, 1910-302, 1910-304, 1910-306, 1910-510 and 1910-512.) A Navy flyer from the local base clinic showing Nitrous Oxide (laughing gas) is also found in Cigarette smoke! We submitted that the place I purchased it from was not off limits and that it is not a scheduled drug or controlled substance (Thus why no Article 112a.) I had my supervisor come in and testify that I was a good sailor and an asset to the division. I also gave a sworn statement and allowed the board to question me.

Consideing evidence against me, the ship submitted my sworn statement that I gave to the investigator (E-7 - Master-at-Arms) under pressure and fear when charges we first brought up under initially incorrect 112a charge. In it I do (stupidly) admit that I did use Nitrous Oxide, and that we though it would be "funny" and novel - like inhaling helium, just for a laugh, but not for intoxication. I also admitted that I bought my underage friend an alcoholic drink.

Anyone have any direction for me? I just want the best chance I can get because the DRB only gives you two chances, and I want to make them count!

THANK YOU!

[SDDubb]

I ask that someone with expertise please give me the direction I so desperately need. I don't know if my case is just too cumbersome to deal with, but educated direction would mean a great deal to me. I am lost without it. Thanks.

[fozzy2]

I doubt you are going to prevail. You forgot to include/mention the single most apropos regulation, "Milpersman1910-142 Separation by Reason of Misconduct - Commision of a serious offense." Down under "2. Mandatory Processing" you'll see "(b)" lists "Illicit use of inhalants (huffing)".

The Navy was following its specific, mandatory, regulation.

Note that the offense "dose not require adjudication by non-judicial or judicial proceedings." Whether or not you were actually charged or convicted of this specific offense does not matter. Your admission, on the record, is enough to warrant your discharge.