Author: CAP
Last saved by: Department of the Navy
Company: NCPB

Docket No. ND00-00102

DEPARTMENT OF THE NAVY
 NAVAL DISCHARGE REVIEW BOARD (NDRB)
                     DISCHARGE REVIEW
                   DECISIONAL DOCUMENT

 ex-STGSN, USN
Docket No. ND00-00102

Applicant’s Request

The application for discharge review, received 991028, requested that the characterization of service on the discharge be changed to General/under Honorable conditions.  The applicant requested a documentary record discharge review.  The applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000727.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the NDRB discerned no impropriety but determined the characterization of the applicant’s service was inequitable.  The Board’s vote was unanimous that the character of the discharge shall change to: GENERAL UNDER HONORABLE CONDITIONS/MISCONDUCT – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank. 

Documentation

In addition to the service record, the following additional documentation, submitted by the applicant, was considered:

None

PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

	Active:   None
	Inactive: USNR (DEP)	860731 - 860923	COG

Period of Service Under Review:

Date of Enlistment:  860924		Date of Discharge:  901024

Length of Service (years, months, days):

	Active:    04  01  01
	Inactive:  None

Age at Entry:  18			Years Contracted:  4 (24 months extension)

Education Level:  10 GED		AFQT:  62

Highest Rate:  STG3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.65 (4)	Behavior:  3.55 (4)		OTA:  3.80

Military Decorations:  None

Unit/Campaign/Service Awards:  None 

Days of Unauthorized Absence:  None

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT – Drug abuse (Use), authority:  NAVMILPERSMAN, Article 3630620.

Chronological Listing of Significant Service Events:

900822:	Drug and Alcohol Program Advisor: Applicant voluntarily disclosed his use of marijuana and asked for help to stop his use.  Applicant was entered into the Voluntary Self Referral Program and placed on Urinary Surveillance.  Use goes back to 18Feb86, his last reported use was 20Aug90.  DAPA recommends, immediate drop from MK-114 UBFC, immediate drop of PRP, screen for dependency and process for separation from naval service.

900904:	Medical evaluation for drug abuse found the applicant to be a physically/psychologically dependent.  Recommendation: Candidate for urinary surveillance, separate via VA treatment facility.

900918:	Applicant notified of intended recommendation for discharge under Other Than Honorable conditions by reason of misconduct due to Drug abuse by reason of illegal or wrongful use or possession of a controlled substance as evidenced by your disclosure of use of marijuana.

900918:  	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ, Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

900928:	Commanding officer recommended discharge under Other Than Honorable conditions by reason of misconduct due to Drug abuse by reason of illegal or wrongful use of possession of a controlled substance.  Commanding Officer’s comments (verbatim):  Enclosures (1) through (5) are submitted to document the reason for processing this case.  Review of STG3 B_ service record shows him to have been a 3.8 sailor who has received letters of appreciation and commendation.  However, STG3 B_ is a drug abuser and as such has no potential for further service. 

901013:	CNMPC directed the applicant's discharge under Other Than Honorable conditions by reason of misconduct due to Drug abuse (Use).

910215:	Drug and Alcohol Abuse Report: Self-referral 22Aug90, marijuana abuse, 4-7 times per week, ashore off duty.  Physician found applicant dependent and recommended separate via VA hospital.  Commanding officer recommended separate via VA hospital.  Comments: Member was a voluntary self referral disclosing drug abuse and was administratively processed for separation-member regarded to no longer have potential for continued naval service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 901024 under Other Than Honorable conditions for misconduct due to Drug abuse (Use) (A).  The Board presumed regularity in the conduct of governmental affairs (B).  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper but inequitable (C and D).  In accordance with OPNAVINST 5350.4A, the lowest discharge characterization the applicant could receive, as a participant in the Navy’s Alcohol and Drug Abuse self-referral program, is General.  Therefore the characterization of the applicant’s discharge shall be upgraded to General (under Honorable conditions), as requested.

The applicant introduced no decisional issues for consideration by the Board.  The applicant’s service record shows, however, that he was properly enrolled as a self-referral in the Navy’s Alcohol and Drug Abuse Prevention and Control Program (OPNAVINST 5350.4A).  This directive states that separation for drug abuse based solely upon self-referral disclosures and medical diagnosis of the member as drug dependent, and separations based solely upon rehabilitation failure must be characterized as Honorable or General.  The applicant was evaluated by competent medical authority as drug dependent.  His discharge was based on his self-referral for drug abuse and no other incident of drug abuse or misconduct.  In accordance with OPNAVINST 5350.4A, the applicant is entitled to relief.  

Pertinent Regulation/Law (at time of discharge)

A.  Navy Military Personnel Manual, (NAVPERS 15560A), Change 6, effective 11 Jan 89 until 13 Jun 90, Article 3630620, SEPARATION OF ENLISTED MEMBERS BY REASON OF MISCONDUCT DUE TO DRUG ABUSE

B.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.  

C.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

D.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

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 "afls14.jag.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:

		Naval Council of Personnel Boards
		Attn:  Naval Discharge Review Board
		720 Kennon Street SE Rm 309
		Washington Navy Yard DC  20374-5023

The remaining portion of this document is divided into 4 Parts: Part I - Applicant’s Issues and Documentation, Part II - Summary of Service, Part III – Rationale for Decision and Pertinent Regulation/Law, Part IV - Information for the Applicant.
INDEX:  A6600/A0100/A9500/A9456/A9218