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Docket No. ND00-00661

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

ex-FR, USNR
Docket No. ND00-00661

Applicant’s Request

The application for discharge review, received 000424, 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 001214.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service.  The Board’s vote was unanimous that the character of the discharge shall not change.  The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.

The NDRB did note an administrative error on the original DD Form 214.  Block 23, Type of Separation should read:  “DISCHARGED” vice “ENTRY LEVEL SEPARATION UNCHARACTERIZED”, Block 24, Character of Service should read: “UNDER OTHER THAN HONORABLE CONDITIONS” vice “OTHER THAN HONORABLE”,.  The original DD Form 214 should be corrected or reissued as appropriate. 

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1.  Clemency is warranted because it is an injustice for me to continue to suffer adverse consequences of a Bad Discharge - I was expected to do good and when I was discharged OTH I was a disgrace to family (father).  Vie been turned down jobs due to type of discharge and am still facing the disgrace, by friends and family and society.

2.  I have been a good citizen since my discharge - I have had no drug related incidences since my discharge 13 yrs ago.

3.  My low aptitude scores and level of education impaired my ability to serve.  I was accepted with low testing scores also I was not a high school graduate.  I only completed the 11^th grade.

4.  My ability to serve was impaired by my deprived background - me and my siblings were given up when I was 4 my father was in the VA hospital at American Lake my mother had nervous breakdown we all went to separate foster homes brother and sister went back to father.  I was placed in group home and later adopted I thought I wasn't a part of a family that's what I looked for in the services but failed their also 

5.  There was a waiver of moral standards when I enlisted, those pre service problems impaired my ability to serve - I signed a drug waiver prior to enlistment that I had used drugs, marijuana, for which I was given a other than Honorable Discharge for.

6.  My use of drugs impaired my ability to serve - the use of marijuana was impairing my judgment to make the right decisions.  (Especially at Captains mass)

7.  Medical problems I had impaired my ability to serve, not knowing at the time I was infected with spinal-meminjidice and hepatica was also impairing my judgment.

8.  Psychiatric problems I had impaired my ability to serve - I was suffering from depression, anti social personality Disorder and paranoid schizophania - also ADHD Attention Deficient Hyperactivity Disorder - that was not diagnosed at that time.

9.  My use of alcohol impaired my ability to serve - by using alcohol and marijuana I was covering up major psychiatric problems and medical physical problems that I had at the time of discharge.

10.  To conclude since my discharge I have tried to commit suicide on numerous occasions I have been hospitalized at least 6 times for mental depression and suicide attempts the last at Western State Hospital in Washington State on September 2ne 1998, I am currently enrolled with Greater lakes mental Health in Lakewood Washington and am undergoing counseling for many psychiatric disorders and ongoing physical health (medications) problems.

Documentation

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

Copy of DD Form 214

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	860325 - 860330	COG

Period of Service Under Review:

Date of Enlistment:  860331		Date of Discharge:  860815

Length of Service (years, months, days):

	Active:    00  04  15
	Inactive:  None

Age at Entry:  19			Years Contracted:  8

Education Level:  10			AFQT:  42

Highest Rate:  FR

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMA			Behavior:  NMA		OTA:  NMA

Military Decorations:  None

Unit/Campaign/Service Awards:  None 

Days of Unauthorized Absence:  5

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:

860723:	NAVDRUGLAB, reports applicant urine sample received 860716 tested positive for THC.

860717:	NJP for violation of UCMJ, Article 86: Absence without leave (total lost time of five days), violation of UCMJ, Article 92: Violation or failure to obey other lawful order, violation of UCMJ Article 112A: Wrongful use of controlled substance.
	Award:  Forfeiture of $295 per month for 2 months, restriction and extra duty for 30 days.  No indication of appeal in the record.

860728:	CAAC evaluation for drug abuse found the applicant to be a drug abuser, not drug dependent.   

860728:	Drug and Alcohol Abuse Report:  Cocaine abuse, less than monthly, July 1986, ashore off duty.  Urinalysis July 1986.  CAAC found applicant not dependent and recommended separate for service not via VA hospital.  Commanding officer recommended separate.  Comments:  SR (applicant) exhibits no potential for future naval service.  Mbr admits to cocaine use during his delay entry program.  Mbr does not desire to stay in the service. Processed for administrative separation IAW reference (A).

860729:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by Commanding Officer's NJP of 17 July 1986, violation of the UCMJ, Article 112A, wrongful use of controlled substance, marijuana.

860729:  	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.

860807:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. 

860807:	Commander, Naval Training Center, San Diego directed the applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

PART III – RATIONALE FOR DECISION AND PERTINENT 
REGULATION/LAW

Discussion

The applicant was discharged on 860815 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 and equitable (C and D).

In response to the applicant’s issue 1, the Board has no obligation to change the applicant's discharge in order to allow him to obtain better employment.  The applicant should have thought about family reaction to his adverse discharge before committing the UCMJ violations that ended his service.

In response to issue 2, the applicant has not submitted any proof (urinalysis) of his not using drugs for the past 13 years.  The NDRB cannot assume the applicant is drug free.

In response to issues 3 and 4, the Board found that the applicant's age, education level, and test scores qualified him for enlistment.  While he may feel that his lack of education was a factor that contributed to his actions, the record clearly reflects his willful disregard for the requirements of military discipline and demonstrated that he was unfit for further service.  The record is devoid of evidence that the applicant was not responsible for his conduct or that he should not be held accountable for his actions.

In response to issue 5, 6 and 9, the Board does not accept drug abuse or alcohol abuse problems as a factor sufficient to exculpate the applicant from the consequences of his misconduct. Applicants who commit offenses while abusing drugs or while drinking are still responsible for their actions.  They must accept the consequences of their misconduct or misbehavior.  In response to issues 7 and 8, when reviewing a discharge, the NDRB does consider the extent to which a medical problem might effect an applicant’s performance and ability to conform to the military’s standards of conduct and discipline.  The NDRB does not consider the circumstances surrounding the applicant’s stated medical and psychiatric conditions to be of sufficient nature to exculpate the applicant’s misconduct.  In fact, the NDRB sees no connection between the applicant’s misconduct and his medical or psychological condition.  In addition, the applicant has not submitted any documentation of any implied medical or psychological conditions.  In response to issue 10, the Board cannot determine the veracity of the applicant’s medical claims without documented proof.  Relief is denied concerning all submitted issues.  The applicant is highly encouraged to submit documentation concerning his medical and psychological conditions for the Board’s review and is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge.

Pertinent Regulation/Law (at time of discharge)

A.  Navy Military Personnel Manual, (NAVPERS 15560), Change 10/85, effective 
16 Dec 85 until 05 Oct 86, 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/A9221/A9301/A9305