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

Docket No. ND01-00298

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

ex-SR, USN
Docket No. ND01-00298

Applicant’s Request

The application for discharge review, received 010116, 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 010829.  After a thorough review of the records, 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.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1.  I was enlisted in the U.S. Navy from 28 June 88 to 29 Sept 89.  After completion of boot camp and seaman apprenticeship school in San Diego, CA.  I was then stationed aboard the USS MT. HOOD (AE-29) at Concord Naval Weapons in Concord, CA.  Shortly after my arrival I was introduced to crack cocaine and I became addicted to the drug immediately.  I was a young, immature 18 yrs. old at the time, married to a 16 yr old girl and we had a baby boy.  I was to young to handle the responsibilities and the pressure of being in the Navy, stationed in Northern California with a high cost of living and trying to support a wife and son (who lived off base with me) on the pay scale of an E-2.  The worst mistake I ever made, falling into the wrong crowd and using crack cocaine.  My life took a complete turn for the worse, my job performance went down, my marriage became a disaster after my wife had an affair with a fellow shipmate.  I was totally destroyed and mentally and emotionally and only wanted more drugs to ease the pain.  I ended up in OAK, Naval HOSP. Psych unit.  Shortly after I tested positive for cocaine & THC and was discharged OTH (Drug Abuse Misconduct).  I had a prior waiver at bootcamp for THC.  All this took place almost 12 yrs ago & I'm still paying the price when looking for a job.  Please consider my upgrade & possible MED benefits.  I deeply regret my past actions. Thank you.

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:   USN			None
	Inactive: USNR (DEP)	None

Period of Service Under Review:

Date of Enlistment:  871222		Date of Discharge:  890928

Length of Service (years, months, days):

	Active:    01  03  00
	Inactive:  00  06  07

Age at Entry:  18			Years Contracted:  8 

Education Level:  11			AFQT:  59

Highest Rate:  SA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.00 (2)	Behavior:  2.20 (2)		OTA:  2.06

Military Decorations:  None

Unit/Campaign/Service Awards:  None

Days of Unauthorized Absence:  4

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:

880629:	Ordered to active duty for 36 months under the Active Mariner program.

890615:	Applicant seen by a Medical Doctor for a psychiatric evaluation who stated applicant has a personality disorder, the doctor suggested administrative separating the individual if SNM could not adapt to the requirements of naval service.  Obviously, SNM is not adapting to the requirements of the naval service.  SNM has not been to a doctor for evaluation on drug dependency, because the ship got underway the day after SNM was released from jail.
  
890720:	NAVDRUGLAB, OAKLAND, CA urinalysis report indicates applicant tested positive for cocaine.

890720:	NJP for violation of UCMJ, Article 86: UA from watch for about 1 hour on 890712, violation of UCMJ, Article 86: UA from 0900, 890714 until on or about 1400, 890718 [4days].
Award:  Restriction and extra duty for 45 days, reduction to E-1, oral admonition.  No indication of appeal in the record.

890728:	DAAR indicates applicant tested positive for marijuana as a result of a service directed urinalysis.

890728:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse 

890729:	NJP for violation of UCMJ, Article 112a: Wrongful use of a controlled substance (cocaine).
Award:  Forfeiture of $350.00 per month for 2 months, restriction and extra duty for 45 days, oral admonition.  No indication of appeal in the record.

890803:	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights 

890809:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use). 

890829:	NJP for violation of UCMJ, Article 86: UA from appointed place of duty at 1230, 890822.
	Award:  Restriction and extra duty for 7 days, oral admonition.  No indication of appeal in the record.

890906:	SNM seen by Medical Doctor for drug dependency and found psychologically dependent on THC and at least prone to recreational cocaine use.

890914:	DAAR indicates applicant tested positive for cocaine as a result of a probable cause urinalysis, found dependent.

890921:	CNMPC 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 890928 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, 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, the Board found that the applicant's age, education level, and test scores qualified him for enlistment.  While he may feel that his immaturity was a factor that contributed to his action, 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.  Relief denied.

There is no law or regulation that provides for the upgrade of an unfavorable discharge based solely on the passage of time or good conduct in the civilian life subsequent to leaving the Service.  However, the Board is authorized to consider post-service factors in the recharacterization of a discharge (D).  Those factors include, but are not limited to, the following:  evidence of continuing educational pursuits (transcripts, diplomas, degrees, vocational-technical certificates), a verifiable employment record (Letter of Recommendation from boss), documentation of community service (letter from the activity/community group), certification of non-involvement with civil authorities (police records check) and proof of his not using drugs (detoxification certificate, AA meeting attendance or letter documenting participation in the program) in order for consideration for clemency based on post-service conduct.  At this time, the applicant has not provided any documentation of good character and conduct.  Therefore no relief will be granted.  The applicant is encouraged to continue with his pursuits 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 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 "afls10.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/AA9317/AA9301/A9217/A9221