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!
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!