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Docket No. ND03-00387

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

ex-SA, USNR
Docket No. ND03-00387

Applicant’s Request

The application for discharge review was received on 20030107.  The Applicant requests that the characterization of service received at the time of discharge be changed to general/under honorable conditions and the reason for the discharge be changed to “general under medical condition.”  The Applicant requests a documentary record discharge review.  The Applicant did not list any representative on the DD Form 293.  In the acknowledgement letter, the Applicant was informed that the Board cannot review discharges over 15 years from the date of discharge and recommended a personal appearance.  The Applicant did not respond therefore a documentary review was conducted. 

Decision

A documentary discharge review was conducted in Washington, D.C. on 20031215.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB.  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, as stated

Applicant’s issues, as stated on the application:

“1.  Dear Sir, or Mam

It is with great shame that I find myself writing you this letter to plead for your understanding and assistance in a matter that has plagued my conscience for fourteen years. I know you’re very busy and I appreciate your time. I will try to get rite to the point.

When I was in high school all I wanted was to join the Navy for life, find a wife and live happily ever after. In 1986 I joined the Navy, after boot camp and school I was assigned to the USS JARRETT FFG 33 in Long Beach Ca. Not long after that I met and fell in love with beautiful young women, and was well on my way to the life I had wanted.
Not long after my ship was ordered to the Persian Gulf and operation Desert Shield, we (my future wife and I) had no problem with that, I was a sailor, it was my duty and I was exited and ready.
Before we arrived on station we heard of the attack on the USS STARK and of the deaths of some of the sailors, unfortunately I heard that a few of the dead were in my company at boot camp and as I’m sure you know the bond you develop with shipmates in boot are like those of brothers and it was a little hard to deal with, but that was our job and we all new the risks.
My ship was in the Gulf for some time and we did many things we were instructed not to discus off the ship to any one. Mean while I was writing my future wife and she me and every thing was great at home, so I thought.
After numerous months away we returned home to a hero’s welcome and I thought my life could not get much better, and not to long after that things started to go wrong in my life and snowball.
Not long after our return from the Gulf I had herd from a friend that my beautiful and faithful future wife had been seen out with her ex boyfriend while I was away, then we found out she was a few months more pregnant than I had been home, I was absolutely destroyed by this and did something that I’ve regretted and will for the rest of my life. After I broke up with I went to a party with some old pre-Navy friends got very intoxicated and when some one offered me a marijuana cigarette I figured why not, thing couldn’t get much worse and that’s when every thing in my life was about to turn very bad.
The next day my ship had a random drug test and of course I tested positive for THC, and was going to Captains mass after the weekend, so when everyone told me I’d probably get restricted to the ship for six months if they didn’t boot me out, what did stupid stupid me do? I went to a college party with the friends that got me into this mess in the first place.(needless to say shortly after they were friends no more) The party was great from what I can remember except for the fight I got into when I found out that some one spiked my beer with some cocaine. After the weekend I reported to my ship and the pre-Mass drug screen. When I tried to explain what had happened know one believed me.

Dear Sirs, I have never, before or since done or taken any drugs.

That’s when things started to snowball. I was informed that because I was pretty much a 4.0 sailor and never U.A. or AWALL that I would be getting a discharge under general conditions, and I was devastated, all my dreams seamed to come crashing down all around me at the same time and all because of one stupid decision.
They told me first I would have to have a psychiatric evaluation before I could be discharged. When I went to the Psychiatrist he asked me if I ever thought of committing suicide, and after every thing I had been through the last few months I told him sure, I think every one has a time in there life when they have thought about it. Then he asked me how I would do it, and I told him” If I was going to do it and was on my ship and if I could get into the armory I would probably shoot myself or jump on a grenade” that’s when every thing went crazy. He said he had to step out for a minute but when he went out two big guys came in, took me out the back door and put me in an ambulance. I didn’t know what was going on, but I knew there had been a big misunderstanding. No body would talk to me I mean literally, when I asked them what the hell was going on they would not say anything, the next thing I know they put me in a little room and took away my belt and shoe laces, I thought what do they want my shoe laces for, then it hit me, they think I’m a nut case. After a few hours I saw another doctor and explained the whole story to him start to finish, and that I had no intention of killing myself or anyone else. He told me I would have to stay there for a few days for observation. One of my friends from the ship told me the rumor on the ship was that I went crazy and tried to kill myself, I just could not believe this was happening to me. Then my mother called and she was really freaked out, and hysterical, it seems because she was listed as emergency contact some doctor felt the need to call her and inform her that I had tried to kill myself and would be getting a medical discharge.
After a few hours of trying to convince her that I was ok and that I did not in any way try to kill myself, or hurt any one else, she calmed down and let me get off the phone.
The next day the doctor asked me if I wanted to go back to my ship or to the restricted barracks to await my discharge, and I told him that I was so embarrassed that I could not face my fellow shipmates again. Shortly after that my hopes and dreams of how I wanted to spend my life in the service of my country was but a shameful memory.

In 1990 when the gulf war started I went to the recruiter to see if there was a way I could get back in when he researched it he informed me that I had been discharged with an O.T.H. and I did not know what that meant and he told me, I could never ever get back into the service.

Dear Sirs or Mam ,Let me please say that I love my country and would gladly die for it. I have never been in trouble with the law and have never since done drugs.
Please help me to at least change my discharge to a General Discharge.
I thank you for your time and look forward to hearing from you soon.”

Sincerely P_ E_ H_

SS# (social security number deleted)in the Navy from 06-86 to 02-88

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):

	Inactive: USNR (DEP)	None
	Active:   USN			None

Period of Service Under Review:

Date of Enlistment:  860124		Date of Discharge:  880229

Length of Service (years, months, days):

	Active:    01  08  06
	Inactive:  00  05  00

Age at Entry:  18			Years Contracted:  8 

Education Level:  12			AFQT:  34

Highest Rate:  SN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.30 (2)	Behavior:  3.40 (2)		OTA:  3.40

Military Decorations:  None

Unit/Campaign/Service Awards:  SSDR

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:

860626:	Ordered to active duty for 36 months under the Active Mariner program.

870917:	Retention Warning:  Advised of deficiency (As identified by Captain’s Mast held on board USS JARRETT ON 870917), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

870917:	NJP for violation of UCMJ, Article 91: Insubordinate conduct toward a petty officer, violation of UCMJ, Article 92: Failure to obey order or regulation.
	Award:  Forfeiture of $150.00 pay per month for 1 month, reduction to next inferior pay grade (suspended for 6 months).  No indication of appeal in the record.

880120:	NJP for violation of UCMJ, Article 112a: Wrongful use of a controlled substance (2 Specs) to wit: marijuana and cocaine.
Award:  Forfeiture of $376.00 pay per month for 2 months, restriction to ship and extra duty for 45 days, reduction to E-2, admonition and reprimand (oral).  No indication of appeal in the record.

880122:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by your Captain’s Mast punishment of 880120.

880125:	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.

880128:	Medical evaluation for drug abuse found the Applicant to be a drug abuser, not drug dependent.

880212:	Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. 

880219:	CNMPC directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19880229 under other than honorable conditions for misconduct due to drug abuse (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).

Issue 1:  Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question.  No such error or injustice occurred during the Applicant’s enlistment.  While he may feel that his personal problems were contributing factors, they do not mitigate the Applicant’s disobedience of the orders and directives that regulate good order and discipline in the naval service, demonstrating he was unsuitable for further service.  His service record is marred by award of non-judicial punishment (NJP) on two separate occasions for offenses including insubordination, failure to obey an order, and illegal drug abuse.  Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities as requested in the issue.  Regulations limit the Board’s review to a determination on the propriety and equity of the discharge and will change the characterization or narrative reason for separation if such a change is warranted.  In the Applicant’s case, the Board could discern no impropriety or inequity and therefore considered his discharge proper and equitable.   However, neither a less than fully honorable discharge nor an unfavorable “RE” code is, in itself, a bar to reenlistment.  A request for waiver is normally done during the processing of a formal application for enlistment through a recruiter.  Relief denied.  

Pertinent Regulation/Law (at time of discharge)

A.  Navy Military Personnel Manual, (NAVPERS 15560A), effective  15 Jun 87 until 
10 Jan 89, 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.
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