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NAVY | DRB | 1999_Navy | ND99-00009
Original file (ND99-00009.rtf) Auto-classification: Denied


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

ex-ICFN, USN
Docket No. ND99-00009

Applicant’s Request
The application for discharge review, received 980929, requested that the characterization of service on the discharge be changed to honorable. 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 990920. 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.





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: USN               811103 - 840916  HON
         Inactive: USNR (DEP)     810821 - 811102  COG

 Period of Service Under Review :
Date of Enlistment: 850917               Date of Discharge: 861017

 Length of Service (years, months, days):

         Active: 01 01 01
         Inactive: None

 Age at Entry: 21                          Years Contracted: 4

Education Level: 12                        AFQT: 21

 Highest Rate: IC3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.52 (3)    Behavior: 2.46 (3)                OTA: 3.20

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR (1)

 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 :

860606:  NAVDRUGLAB report noted the applicant’s urine sample received 860530, tested positive for cocaine.

860612:  NJP for violation of UCMJ, Article 112a: Wrongful use of cocaine.
Award: Forfeiture of $200.00 pay per month for 2 month(s), restriction and extra duty for 30 days, reduction to ICFN. Reduction in rate suspended for 6 months. No indication of appeal in the record.
860919:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by wrongful use of a controlled substance.
860919:          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.

860924:  NAVDRUGLAB report noted the applicant’s urine sample received 860912, tested positive for cocaine.

861002:  NJP for violation of UCMJ, Article 112a: Wrongful use of cocaine on or about 86 Sep 10.
         Award: Forfeiture of $613.00 pay per month for 2 months, restriction and extra duties for 45 days and reduction in rank to ICFN. No indication of appeal in the record.
861008:  Medical officer evaluation for drug abuse was summarized as follows: First positive urinalysis for THC in 1983. Second positive urinalysis for cocaine in May of 1986. Patient denies using cocaine, denies IV drug use. Member is not psychologically or physiologically drug dependent. Member is not psychologically or physiologically alcohol dependent. Further psychiatric evaluation is not considered necessary.

891008:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use). Commanding officer’s comments (verbatim): ICFN (applicant's) second drug abuse incident in May 1986 was extremely disappointing to the command and was believed at the time to be his first drug incident. Consequently he was treated somewhat leniently at mast and on his evaluation. Prior to that incident he had been a reliable, steady performer. Upon discovery that ICFN (applicant) had a prior incident during his first enlistment, administrative processing began. Shortly after receiving his letter of notification, the command received lab results from a random urinalysis test conducted on 10 Sep 1986. ICFN (applicant) had again tested positive for cocaine. His performance since his NJP has declined noticeably, and this third drug incident confirms that ICFN (applicant's) personal behavior is no longer acceptable or reliable. There is no justification for retaining ICFN (applicant) in the Navy or for separating him with an honorable or general discharge. He has now produced a total of eight positive results on urinalysis tests. I recommend that he be discharged as quickly as possible with an other than honorable discharge.

861010:  CNMPC directed the applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

861022:  Drug and Alcohol Abuse Report: Cocaine abuse, 1 to 3 times per month, Nov83 to Sep86, ashore off duty, urinalysis Sep86. Medical officer found the applicant not dependent and recommended separate not via VA hospital. Commanding officer recommended separation, third incident. Comments: ICFN (applicant) shows no potential for further productive service. Member's military work record shows an average sailor. ICFN (applicant's) DAPA record shows a significant drug history - a total of eight positive urinalysis tests, dating back to November 1983. ICFN (applicant) is being processed for an Administrative Discharge and is viewed as having no potential for future productive service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 861017 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).

The applicant introduced no decisional issues for consideration by the Board. The Board found the discharge to be equitable and proper. Accordingly, the Board will not upgrade the discharge.

Pertinent Regulation/Law (at time of discharge)

 A. Navy Military Personnel Manual, (NAVPERS 15560), Change 4/85, effective
06 Oct 86 until 14 Dec 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 obtain a copy of DoD Directive 1332.28 by writing to:
                  DA Military Review Boards Agency
                  Management Information and Support Directorate
                  Armed Forces Reading Room
                  Washington, D.C. 20310-1809

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
                  Washington Navy Yard
                  720 Kennon Street SE Rm 309
                  Washington, D.C. 20374-5023     

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