Author: CAP
Last saved by: joyce.meeks
Company: NCPB

Docket No. ND06-00383

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

FOR OFFICIAL USE ONLY

 ex-AA, USN
Docket No. ND06-00383

Applicant’s Request

The application for discharge review was received on 20060104.  The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable.  The Applicant requests a documentary record discharge review.  The Applicant did not designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20061116.  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 by reason of misconduct due to drug abuse.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application and attached document/letter:

“I believe that my current discharge of Other Than Honorable should be overturned do to significant issues that to my knowledge may have been performed not in accordance to Military Regulations as well as the lack of performed Military Regulations.  My attitude before my incident was know throughout the command that VS-33 could have intervened.  I also went to a Chief within the command to ask to speak to someone about my problem with my Grandmother dying and not being able to see her before the October 2002 - November 2002 three week boat det.  The Chief did not acknowledge this request and nothing was ever provided nor done about the situation except to be ignored by the VS-33 command.  My Discharge statement that I have provided to you in this packet will provide a detail chain of events of the situation and how it had progressed into a situation that only got out of control, but left me feeling alone with no one to turn to as well as no where to go but down that is not what I wanted to do.  I am now living with this mistake that should never gotten this far out of control.  I am now rebuilding my life but it will never be complete until I am able to finish what I have started to begin with back in October of 2001.

This document will tell my story about the whole event that lead up to me discharge and the process that was done during my discharge.  I don’t know all the dates for this whole event, but I researched as many of the dates that I could remember to make sure they were correct or close to what I remember.  Wednesday, October 24th, 2002 or Thursday, October 25th, 2002 I received a call on my cell phone (deleted number) from M_ A. M_ (mother) concerning L_ M. S_ (grandmother).  I was at work in the Line Shack when I received this phone call.  I am unsure of the time.  I believe that M_ left me a Voice message on my cell phone.  When I looked at who had called I noticed that I had missed a call from her.  So I listened to the voice message left and immediately called M_ back.  The voice message I believe was that M_ had something to tell me but to call only at my convenience.  I had a gut feeling something was wrong because she never leaves messages like that.  When M_ answered the telephone (I don’t remember the whole conversation and all the details) I found out that L_ (my grandmother) was now unable to breath on her own and had to have the assistance of an oxygen tank.  L_ was also unable to move around M_’s house like she normally would do.  M_ also told me that L_’s doctor said that L_ did not have that much time.  He said that she might not live to the end of the week or the month let alone to Christmas.  I had been crying outside the line Shack since the beginning of the conversation and at some point during the conversation I dropped down to my knees.  During the conversation I was confused, angry, lonely, and scared that I would never talk to my grandmother or see her ever again.  After sometime I ended the call with M_ or she ended the call with me.  I am not sure when I got up from being on my knees in front of the line shack but I do know that a few people from the line shack asked me what was going on when I was talking to my mother but I didn’t here them and told them to leave me alone.  The next thing I remember is sitting on the picnic table in the smoking area in front of the line shack.  I just sat there with my head down on the table crying and trying to figure things out about what I was going to do.  I was pretty much thinking and worrying and lost.  I do remember AT3 K_ coming over to the picnic table wanting to talk to me about what was said on the phone but I really didn’t want to talk about it with anyone.  We just sat there talking well; I think it was more along the lines of her talking.  I held my cell phone tightly because I couldn’t feel anything.  It was like someone ripping everything away from me and killing me from the inside out.  The whole situation felt like a nightmare to me like it wasn’t real and it would all be over soon.  After that day, my whole outlook had changed along with my attitude.  I didn’t want to do anything.  I lost all sense with myself and was lost.  All I wanted to do was go see her and be by her side loving her the way she loved me; caring for her the way she had done for me my whole life.  I couldn’t lose her because she was everything to me and it was devastating to even have the though that she wouldn’t be there anymore.  Everyone in the line shack saw this change in my performance, attitude, and my whole personality.  I just was unable to function.  Soon after the phone call from M_, I ended up in the Chiefs’ office on the second floor of the hanger.  I am not sure how that came about, but I do know that I was told that I was wanted up there.  I cannot be sure the exact number of chiefs and who were all there but I do know there were about four (4) chiefs there.  They asked me questions about what was going on.  They asked me about my grandmother’s condition and about her condition before I received the phone call.  I told them that she has had a heart attack before; but her condition was not that bad.  I don’t remember all that I told them about her condition.  I told them what my mother had told me and about what the doctor said.  I do not remember how long this meeting with them had lasted but when it was done I was told to go back to work.  I did as I was told still feeling the same way I did before.  Sometime after this I was told by a chief or the Division Officer (I don’t remember who) that I would be able to receive 10 days Emergency Leave to go home.  Sometime after that my Division Chief (for the Line Shack; I believe) took away the 10 day Emergency Leave that was already giving to me.  After that I was told that I would not be allowed to go home before the three (3) week boat det that was coming up; which is what I wanted to do; nor was I going to be allowed to go home after the det or at anytime.  I was also told that I would not be allowed to go home for the funeral if she did die before the boat det; during the boat det after the boat det or even if we were called out to sea for six (6) months.  At this point, I was even more confused than I ever was before.  I could not understand how my command could do this to me.  They first tell me I can go home and then tell me I can’t go home.  It was just very stressful, lonely, frustrating and confusing to have something like that happen to you when you already were lost with just hearing news like what I heard about a very close loved one dying.  My attitude after this part went down even further because I felt betrayed by my own command and even lonelier than I already felt.  I believe somewhere close to Thursday, October 31^st, 2002 I took it upon myself to try to see the command about maybe seeing someone to get through this horrible time in my life.  I walked up to the second floor of the hanger and walked down to the Chief’s office and stood in the threshold.  I saw only one chief in the office at the time on a computer near the door.  He was concentrating on what he was doing when I came.  I started to talk and told him “I think I need someone to talk to someone”.  I had tears streaming down my face and my eyes were red from crying.  He just kept on doing his work and never looked at me the whole time I was there roughly about 5 minutes.  He turned his head to the right toward the door and looked at me and said nothing.  I was scared even before going to the Chief’s office so I became more scared having no one to talk to and having him not listening to me.  I eventually said “Never mind, I can’t do this” and walked fast away from the Chief’s office and went back down to the Line Shack and that was the end of that attempt for me or my command to try to get me some help with this new horrible event.   On Saturday, November 2^nd 2002 a marine friend of mine from Miramar decided it might be good to take a trip to Six Flags (since I have never been there) and try to get me to relax and have a little bit of fun.  The main purpose of this day was to take my mind of my current situation that I was dealing with.  I am not sure what I time I left but I do remember picking up PFC S_ and meeting 2 other couples at Denny’s near the Marine base.  After we ate breakfast we all headed out to Six flags in three different vehicles.  The whole day was not a complete waste but it was not what we intended it to be.  I was not having a really good time because I was still thinking about what was going on and nothing would change that from what I could see.  I seem to be going down and never seeing a way out.  We stayed at Six Flags until about 7:00pm or so.  No one was really having any fun and everyone was tired and wore out, so when we all decided to leave.  As S_ and I were leaving and heading to Chevron to wait for the others I received a phone call from Airman L_ at about 7:29pm.  I have never really talked to her before nor have we hung out or called each other.  I followed the other vehicles to out next destination which was food.  I answered the phone and spoke with Airman L_.  She was sounding very upset, distorted and scared.  She told me what was going on to make her so upset.  I told he that I was just at Six Flags and now I was heading out to get something to eat and I told her I would call her back as soon as I was done eating.  We ended up on going to the OutBack on 1-5.  As we were waiting to be seated at our table I received another phone call from Airman L_ at about 7:46pm and she was telling me that she didn’t want to be alone right now and that I needed to hurry and I told her that I needed to get something to eat and then drop off PFC S_ and then I would be right down there to her house to help her figure out what to do and to calm her down.  I was a little tired already from trying to forget about my own problem but I am not someone who can turn away from someone who needs a friend or to talk to.  So I figured that I would try to help her out even though I was not thinking straight on my own situation.  I was even lonelier when I started to realize that she was able to find someone to talk to but I still had no one to confide in and to listen to me.  I was a little upset and saddened by this realization.  We finally got seated and ordered our food somewhere between those first two phone calls.  I received another phone call at 8:10pm from Airman L_ again somewhere in between us eating and me already heading toward Miramar to drop of S_.  I didn’t eat much of my food at all because I could not stomach anything anymore.  I was depressed about everything by this point.  This time the phone conversation was a little bit different from the first two because she had confided in me that she had cut herself 5 times on her inner forearm deep and bad to the point where they most likely needed stitches.  I was more worried than ever about her safety.  I already knew that she was getting tired of being alone and that she could not bare it anymore but there was not much I could do at that point in time because I was not near San Diego to help out, I do remember trying to got a hold of the Duty Office back on base at some point to talk to someone about this but no one was there to answer my phone call.  By this point everything was getting out of control and I was loosing it with myself and what to do about Airman L_.  She also had told me that since I was not there yet and she was tired of waiting that she was going to the Barrack rooms on base to see Airman D_ who was already getting discharged from the Navy for intentionally testing positive for Marijuana.  She had also asked me to get her some Party Favors (drugs) and bring them to her.  I didn’t want to, but I was confused and lonely.  Knowing what was right or wrong didn’t seem to be there for me.  So I called up N_ M_ to see if she knew any way of getting anything for Airman L_.  N_ M_ did call me back and was able to provide something for Airman L_.  So with PFC S_ in the car (sleeping, and I had decided that there was no time to drop him off) I went over to her house to pick out the Party Favors for Airman L_ and was going to go meet Airman L_ at Airman D_’s Barrack room since I was unable to convince her not to go there.  I do not remember if I paid $25.00 or so for Airman L_’s Party Favors.  After picking up the favor I drove straight to the base to see Airman L_.
Once there at the Barracks, PFC S_ and I went up stairs to Airman D_’s room where we met up with Airman L_ and Airman C_ who were all there.  Airman C_ was living in the room with Airman D_.  Airman C_ was on the phone at this time with his wife over seas and had been drinking a lot and was still drinking from what I remember, and Airman L_ and I walked into Airman D_’s room to give Airman L_ what she asked for.  Once Airman L_ saw that the favor was powder she asked if I could melt it so she could inject it with the surerign she already had on her, I told her no.  I told her why don’t you just sniff it up your nose like what Airman D_ was saying to her.  Airman C_ had now just gotten off the phone and now was standing on the other side of Airman L_ watching everything going on.  Airman L_ said that she would not sniff it unless I would do it with her.  Peer pressure from her repeating the invitation for me to do it with her over came my thoughts and senses I agreed to do so.  Airman C_ had also asked for some too.  So all three of us sniffed the drug up our noses.  I believe Airman L_ had the most and then me and then Airman C_ only had a little bit.  Once we were all done, Airman L_ went outside to get some air, I followed her out there and that is were we ended up talking more about her situation that she was stressed over.  After a little while I ended up talking to a friend who was in Flight School that was staying a few doors down from Airman D_’s room.  I stayed there all night with his door open until about 6:00am Sunday, November 3^rd 2002.  I forgot about PFC S_ being there and I was going to take him home but when I went to lock for him at 6:00am Airman D_ (I believe he was the one to tell me) told me that Airman L_ had already taken him home sometime before.  I knew what I had done was wrong but it did not register until it was too late.  I was already having the worst time trying to deal with my situation and L_’s situation that everything just got out of control and I was not thinking at all.  I was so lost and confused at this time that nothing was going to go right and I didn’t know what to do about anything anymore.
On Monday November 4th, 2002 VS-33 Command had a surprise urinalysis test.  I was unable to go until about 9:00pm or so because I was not feeling good.  Then on November 7th, 2002 CAG Nine boarded the USS Carl Vinson (CVN 70) for a three (3) week boat det out west of San Diego.  Once I was on the boat and the first day I reported to the AK shop because I already had known about going TAD again.  I was then sent to S-6 Supply Department (the S-6 Supply Department is a command that is under the USS Carl Vinson command).  I was then put to work in RAM (since I had already worked for RAM on the USS John C. Stennis in February to May of 2002).  The RAM Supervisor (which became mine for this three (3) week boat det) was AK1 and AK2 G_.
On Saturday, November 9^th, 2002 AMAN C_ and myself were called to the AME Paraloft by VS-33.  The room had AD2 J_ (who just became the LINE Shack Supervisor, The Legal Officer, LT.  S_ (the former Line Shack Division Officer), and a few others including MAC B_.  This meeting was to accuse AMAN C_ and myself of misconduct and use of drugs.  The third (3rd) individual involved was not there because she was beach det on San Diego at VS-33 hanger; her name was AMAN L_.  During the accusation period AMAN C_ and myself stood at attention and then at parade rest and listened to what the Legal Officer and everyone else who spoke.  Towards the end, The Legal Officer handed us papers the we were to initial and sign and then AMAN C_ spoke on his behalf when the Legal Officer asked if we had anything to say.  I just stayed quite and thought about everything that was running through my head.  Everything they were saying came to me all at once and then the Legal Officer finished going through the papers that we had in our hands, and telling us what to do and making sure that we did what we were being told to do.  I did everything that they told me to do because I wasn’t sure what was going on and I didn’t want to disobey a higher ranking officer or chief and because I was confused and scared.  They also told us that getting a lawyer would not help our situation and that it would only delay the inevitable, and that it would do nothing for anyone.  I am not sure who told us that but it was someone who was an officer I do know that.  Once the accusation process was over, AMAN C_ was sent back to the Galley (where he was TAD) and I was sent back to RAM to finish out our working day.
After the accusation day, I never heard from my command about anything that was going on.  Then on Saturday November 10^th, 2002 before that Monday November 11^th, 2002 the HM1 from my command (VS-33) came and saw me in the hanger bay and told me that he needed me down to medical on Monday November 11^th, 2002 to make an appointment because he needed to complete my separation physical.  I asked him what was he talking about and then he said “Oh you don’t know yet? They haven’t told you?” I told him no and then he told me not to tell anyone that he had talked to me because apparently he wasn’t supposed to tell me since the command has not told me anything.
Every time that I tried to call MAC B_, either he was not available in the Investigation Division on the USS Carl Vinson (where he was TAD to), or he didn’t have time to talk to me about anything that was going on.  If I was unable to get a hold of him sometimes I would leave a message and never hear anything from him.  The whole time I was on this three (3) week boat det, I never heard from anyone that was involved when I called and I only talked to the command about three (3) or four (4) times.  On Wednesday, November 16^th, 2002 I finally got a hold of MAC B_ or it was him who called me (I am not quite sure about who got a hold of who).  He wanted me to come into the Investigation room to make my statement about the events that I was being accused of.  So I went to the Investigation room he was there; and we started the statement process with me verbally stating what happened.  After the verbal statement was done he asked me some questions and then I asked him if they had any proof of the accusation and he said yes and show me the paper real quick.  Then I asked him what was going to happen to me sometime during this interview with him.  Then when I was done he told me that they needed my statement typed; so we got on the computer to start typing.  I was the one doing the typing and then when I was done he came over and we went over it to make sure that everything was correct and nothing was wrong or missing.  When I was done typing; my statement came out to be 5 pages long.  He had told me after that he believes me on what I told him and what was in my statement.  He also told me that I might have a chance to stay in because he has seen it happen before.  He also said that he has seen people with long statements like mine who have lied; but like I said he never once thought that I was lying to him.  I had also told him that AMAN C_ had talked to me out in the smoke pit one day and told me exactly what he said in his statement and also said I could follow his statement or I could do what I wanted with the information he had given me.  I didn’t talk to AMAN C_ when he was telling me his statement because I didn’t want anyone to think that I was lying in mine.  I told MAC B_ about that encounter because I wanted MAC B_ to know that C_ was lying and I didn’t want it to effect my statement and the truth that I was telling.  MAC B_ had also asked me if I knew anyone else in the command that was going drugs or selling drugs or both.  I gave him my answer to his question.  I told him that AT3 K_ had told me on Thursday, November 7th, 2002 that she had done ecstasy 7 days prior; AN G_ had a number of times talked about selling drugs and using them with AN D_ in the line shack back on the beach; also that AMAN W_ had talked about using them once in a while with AN D_ as well.  But I believe that is all told; but I am unsure about it.  After that day I never heard from my command again.  Then one day down at the galley I was standing in line with AD3 S_ (who was TAD to the MA Shack) and I saw Master Chief P_ and AZC B_ and I said “HI” to them.  Then Master Chief P_ took a step back on the ladder and told me something about “don’t f--- with me” or close to that and then they finished walking up the ladder to the hanger bay level on the ship.  I turned to AD3 S_ and said “All I said was Hi” and he told me not to let it bother me and not to worry about it because everything would be fine.  Then AR R_ told me in the halls that we were going to Captain’s Mast on that Monday, but I tried not to believe her because I hadn’t heard from my command on it yet.  AMAN L_ was already on the boat because they flew her in (I am unsure when) and she was sent to trash for TAD.  Then I heard from MAC B_ that Captains Mast would be on Wednesday, November 20^th, 2002 or Thursday, November 21^st, 2002 (I am unsure which day it was).  The next time that talked to anyone in my command was when MAC B_ told me I was going to go to Captains Mast on Wednesday, November 20th 2002 or Thursday, November 21^st, 2002 (I am unsure which day it was) at 7:00am and that I had to be up outside the VS-33 Ready Room by 6:50am; and that was on Tuesday, November 19^th, 2002 or Wednesday, November 21^st, 2002 (I am unsure which day it was).  MAC B_ also told me that it was going to be an Open Captains Mast.  This meant that people from each department of the command would be there to view this Captains Mast.  I went to talk to AD3 S_ after I found out.  AD3 S_ and I stayed up all night because I was scared and nervous, afraid and everything was going so fast that I didn’t know what to do about what was going to happen in the morning.  I felt out of control and that anything I wanted to do was out of my power or that I would get into trouble.  AD3 S_ left me at my Berthing door at about 5:30am and I went to go lay down for a little bit and then started to change for Captains Mast.
The day of Captains Mast AMAN L_, AMAN C_ and I wore standing outside the Ready room waiting for this all to begin and I had to sign a piece of paper before I was told what to do to enter the room.  I was told what to do and then I entered but CO M_ sent me back out because I was nervous and I did something wrong when I entered the room and it was my first Captains Mast.  So on the second time that I went back in I did everything right and that is when it all started.  I stood at attention and all the questions and statements started and all I did was answer “yes sir” or “no sir” to most of them and sometimes I was asked to explain and I did as I was told.  Then it was AMAN L_ who came in next and she stood beside me and did the same thing only a little bit longer and more in depth.  Then AMAN C_ came in and it went pretty much the same way for him as it did AMAN L_.  Then CO M_ addressed all three of us and then it was all over.  We were sent out the back door to the Ready room to await for the Legal Officer to call us in to finish filling out paper work and to discuss what was going to happen next and what everything meant and was all about.  I believe that I was 1st to go into see the Legal Officer.  When I was in there to speak with the Legal Office the CO came over to have a few words with me.  He told me that he was sorry that he had to do this to me; and that I was to amount to great things; and he was sorry to see me leave and that he never told anyone that ever who went to Captains mast under his command.  He also told me that he believes my statement and that he knows I was telling the truth and that he had me go first because of him believing my statement.  He didn’t want the other two to know anything that I had said in my statement or to hurt me or anything like that because I told the whole truth.  He said that he was afraid about what the others might think about what I said in my statement and what they might do to me because of that.  He told me that he was sorry again for what he had to do and so on.  We all got 45 days restriction and 45 days extra duty.  Then the others went in and once we were all done seeing the Legal Officer and finished the paper work; MAC B_ came out and told us that now we were going to go down to the Ship’s Legal Office to do restriction with them until we got back to San Diego (still in our Dress Blues).  When we got back down to the Legal Office they were closed until about 9:00am and so MAC B_ told us to meet him there at 9:00am and to go to work or sleep until that time.  AMAN C_, AMAN L_, and were at the Legal Office at 9:00am and we did all the paper work with MAC B_ and the Legal personnel.  Then MAC B_ escorted us to the MA Shack on the USS Carl Vinson and there we were officially put on restriction.  The times were 6:00am, 6:00pm and 9:30pm and on Sundays after the 9:00pm muster we had to do 2 extra hours of work where ever they told us to go.  After all that paper work was done and signed AMAN C_ and I went back to our TAD jobs, and AMAN L_ went to go to sleep or to do what she wanted to do until she had to go to work that night.
Then on November 27th or the 28th (the day before Thanksgiving I believe) we docked in San Diego to unload CAG nine (9).  AMAN C_, AMAN L_ and I were apart of the crew that had to unload all the cruise boxes for the command.  Now that VS-33 was back at San Diego and VS-33 Hanger, AMAN C_,  AMAN L_ and I were sent to work in 1st Lieutenant instead of our shops.  All of us still had to do our assigned watches on the watch bill; when we had them but if someone didn’t show up it was our job to cover for them.  We also had to muster with the Duty Office on the beach.  We had to muster at I believe about 6 or so times a day on the weekend and the morning times on work days were gone but we still had to muster the after work times.  I am unsure about the times though because there were so many of them.  AMAN L_ and I were placed in a transit room because the computers were down to put us in the barrack rooms.  I was roomed with her even though her and I were in trouble.  Then on December 5th, 2003 the command sent us to the Drug and Alcohol Assessment Center; (AD3 S_ told me this before this day about a day or two after we were on the beach that we were going to get discharged on December 10th); where they did the drug and alcohol evaluations to see about getting counseling or into a program to help personnel out with problems in those areas.  The counselor had decided that there was no Drug abuse to be found.  They also said that I did not have a Drug problem then or in my past.  This place told me that I could go to a program for Alcohol and I told them that I had to think about it since things were all messed up and I didn’t know anything at the moment.  They told me that they would put a printed-paper in an envelope for my command to look at and that I could change my mind at anytime.  They also told me that if I took the program that my command could not discharge me until I was completed with the program.  They told me that I needed to do something about the Alcohol before it did become a problem for me and I just told me that I understand their concern but I needed a little time to think about it and I told them that I would let them know after I thought about it that night and I would let them know about it tomorrow.  The Duty Driver came to pick us up and was done 2nd and AMAN C_ was done first I believe or the other way around but the Duty Driver told us that he had to take us back to our rooms to change into Civilian clothes because we were going to get discharged once we were back at the hanger.  When we were all done, AMAN L_ and I grabbed out Dress Blues for a second Captain’s Mast (that was never apart of the discharge) and we left to go to the hanger.  We didn’t get Civilian Clothes because the command changed their mines and told us to go straight to the hanger instead but AMAN L_ and I thought that we would bring out Dress Blues because that is what they told us in the beginning and we didn’t want to get into any more trouble.  When we got back to the hanger AMAN L_ and I were called in to the Ready room on the second floor of the hanger for the second Captains Mast and AMAN C_ was called into watch those proceedings.  The CO had more concern with AMAN L_ than me and he was very aggressive and the two officers that stood in front of both of us stepped forward so that the CO could not hurt either one of us.  It did look like he was going to lose it and try to hurt us.  Then during all of this; one at a time the MAC asked AMAN C_ to come back to the back room to sign the discharge papers and then I was called and then when the CO had enough with AMAN L_ she was called back to sign her papers.  Then we were escorted out of the Ready room and the stairs to the parking lot where people from the command were told to do an about face on us.  Then we were told to get into the duty van and we were taken back to our rooms to gather all of our things up and to give back all of the navy items that we had gotten through boot camp and then we were taken out of base.  A man that AMAN L_ arid I met at the transit rooms had gone back to the hanger to pick up AMAN L_’s car and when he dropped it off AMAN L_ and I were gone and out of sight from the base.  I had to hunt down my things from the place that I was staying at off base because AT3 K_ moved it all when she kicked me out on the boat det and I was told she could not remove my things but no one from the command did anything about it when I told them that she did have my things moved without my permission.  This is all that I can remember from this event.

[signed]
S_ L_ M_ (Applicant)”

Documentation

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

Applicant’s DD Form 214 (Member 1)
Evaluation Report and Counseling Record from February 21, 2002 to July 15, 2002
Plane Captain Required Reading Syllabus (2 pages)
Character Reference ltr from C_ Y_, dtd December 16, 2004
Character Reference ltr from T_ B_, undated
Character Reference ltr from A_ K_, undated
Character Reference ltr from T_ D_ undated
Character Reference ltr from EO2 R_ C. M_, USNR, Naval Reserve Recruiter, Naval Reserve Center, Bangor, WA, dtd December 27, 2004
Character Reference ltr from J_ R_, undated
Character Reference ltr from H_ K_, dtd April 26, 2005
Character Reference ltr from E_ S. P_, undated
Character Reference ltr from S_ J_, dtd March 29, 2005
Character Reference ltr from AO1(AW) D_ P_, USN, Retired, undtd
Character Reference ltr from L_ P_, Assistant Manager, Office Depot, dtd April 23, 2005
Character Reference ltr from S_ M. N_, undated
Character Reference ltr from T_ S_, Service Solutions Manager, Office Depot, dtd May 11, 2005

PART II - SUMMARY OF SERVICE

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

	Inactive:  USNR (DEP)	20010925 - 20011028	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  20011029		Date of Discharge:  20021205

Length of Service (years, months, days):

	Active:    01  01  07
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  None
	Confinement:		  None

Age at Entry:  18

Years Contracted:  Unknown

Education Level:  12 (GED)*				AFQT:  52

Highest Rate:  AN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.0 (1)			Behavior:  3.0 (1)		OTA:  3.00

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214):  National Defense Service Medal, Navy Unit Commendation Medal

*Extracted from Substance Abuse Rehabilitation Department, Point Loma, Consultation Sheet, dtd 021205.

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: MILPERSMAN, Article 1910-146, formerly 3630620.

Chronological Listing of Significant Service Events: 

021108:	Applicant has positive urinalysis for methamphetamine.  
[Extracted from Substance Abuse Rehabilitation Department, Point Loma, Consultation Sheet, dtd 021205.]

021121:	NJP for violation of UCMJ, Article 112a: Wrongful use of a controlled substance.
	Award:  Forfeiture of $651.75 per month for 2 months, restriction and extra duty for 45 days, reduction to E-2.  No indication of appeal in the record.

021130:	Applicant arrested for DUI by California Highway Patrol.  Court date: 021230.  No further information found in service record.  
[Extracted from Substance Abuse Rehabilitation Department, Point Loma, Consultation Sheet, dtd 021205.]

021130:	COMCARGRU THREE, directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse; authority: MILPERSMAN 1910-146.

021202:	Applicant found physically qualified for separation.

021205:	NJP for DUI.  
[Extracted from Substance Abuse Rehabilitation Department, Point Loma, Consultation Sheet, dtd 021205.]

021205:	Medical entry:  Substance Abuse Rehabilitation Department, Point Loma, S_ A. J_, Licensed Independent Practitioner.
	Diagnosis:  
	AXIS I: Alcohol abuse.
	AXIS II: Deferred.
	AXIS III: No diagnosis.
	AXIS IV: Grandmother critically ill
	Being Admin Sep from Navy.
	AXIS V: GAF = 65 (current)
	Recommendation:
	A. Substance abuse treatment is indicated.
	a. The level of treatment recommended is intensive outpatient.
	b. Treatment may be scheduled by calling SARD.
	c. Before treatment at SARD please complete the medical screening form (SHAPES) one-week prior to treatment.  Pt (Applicant) states she plans on abstaining from alcohol and illegal drugs until age 21.
	2. Other recommendations:
	1. Refer to Family Program Clr. for FOO issues and history of physical abuse from boyfriends.
	2. FFSC for counseling/transition svcs.

021205:	DD Form 214:  Applicant discharged under other than honorable conditions by reason of misconduct due to drug abuse, authority: MILPERSMAN 1910-146.

Service Record contains a partial Administrative Discharge package.  
Service Record was missing elements of the Summary of Service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20021205 by reason of misconduct due to drug abuse (A and B) with a service characterization of under other than honorable conditions.  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).  The Board presumed regularity in the conduct of governmental affairs (E).

There is credible evidence in the record that the Applicant used illegal drugs, and she admits having done so in her application.  Mandatory processing for separation is required for Sailors who abuse illegal drugs, a violation of Article 112a of the UCMJ.  Separation under these conditions generally results in characterization of service under other than honorable conditions.  The Board found no indication in the record that the Applicant was inequitably or improperly treated.  The Applicant’s allegations, that she was denied assistance and leave for her personal problems, do not refute the presumption of regularity in this case.  The evidence of record does not demonstrate that the Applicant was not responsible for her conduct or that she should not be held accountable for her actions.  The NDRB advises the Applicant that certain serious offenses warrant separation from the Navy in order to maintain proper order and discipline. Violation of Article 112a is considered a serious offense and a punitive discharge is authorized if adjudged at a special or general court-martial.  Relief denied.

The following is provided for the edification of the Applicant.  Normally, to permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question.  The Board discovered no impropriety after a review of Applicant’s case.  There is no law or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving Naval service.  The NDRB is authorized to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review.  Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, credible evidence of a substance free lifestyle and certification of non-involvement with civil authorities.  As of this time, the Applicant has not provided sufficient post-service documentation for the Board to consider.  Relief denied.

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge.  The Applicant can provide documentation to support any claims of post-service accomplishments or any additional evidence related to this discharge.  Representation at a personal appearance hearing is recommended but not required.

Pertinent Regulation/Law (at time of discharge)

A.  The Naval Military Personnel Manual, (NAVPERS 15560C), re-issued October 2002, effective 22 Aug 2002 until Present, Article 1910-146 (formerly 3630620), Separation by Reason of Misconduct - Drug Abuse.

B.  The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article 112a, Wrongful use, possession, etc., of controlled substances.

C.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety.

D.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity.

E.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs.

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 “http://Boards.law.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:

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