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NAVY | DRB | 1999_Navy | ND99-00050
Original file (ND99-00050.rtf) Auto-classification: Denied


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

ex-TMSN, USN
Docket No. ND99-00050

Applicant’s Request
The application for discharge review, received 981008, 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 - Pattern of Misconduct, authority: NAVMILPERSMAN, Article 3630600.



PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. I (applicant), respectfully request a review board of my discharge from the United States Navy, July 1992. Disposition of Discharge: under other than honorable conditions - due to a pattern of misconduct.

I submit wit this request, my service jackets as provided by N.P.R.C. St. Louis, MO. I appeal to the compassion of the Board with reguards to my prior honorable service to my country and the U.S. Navy. I concede that my behavior and resulting misconduct was wrong and appropraite action was taken by the Bureau. However I do feel that I have paid for this grave mistake with the inadvertant sacrifice of my career and honor and subsequent retirement. This weighs heavy on my heart and mind each and every day. I dont feel that I should have to pay for it the rest of my life. I made many sacrifices during my service to this nation. And I would again. All I ask for now is the only thing I can salage, piece of mind through the upgrading of my discharge to Honorable, and my veterans status exhonorated with this I leave it in your hands. Thank you for your time and consideration.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Sixty pages from applicant's service record.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN               801208 - 870508  HON
                  USN                       871216 - 900411  HON
         Inactive: USNR (DEP)     801125 - 801207  COG
                  USNR (DEP)      871208 - 871215  COG

 Period of Service Under Review :
Date of Enlistment: 900412               Date of Discharge: 920624

 Length of Service (years, months, days):

         Active: 02 02 13
         Inactive: None

 Age at Entry: 29                          Years Contracted: 4

 Education Level: 12                        AFQT: 53

 Highest Rate: TM2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.90 (2)    Behavior: 2.80 (2)                OTA: 2.90

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, JMU (2), SASM with Bronze Star, BER, SSDR (3), AFEM

 Days of Unauthorized Absence: 6

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – Pattern of misconduct, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

900724:  NJP for violation of UCMJ, Article 86 (2 specs): (1) Unauthorized absence from 0700, 4Jun90 until 0700, 7Jun90 (3 days/surrendered), (2) Unauthorized absence 0700, 2Jul90 to 1655, 8Jul90 (6 days/surrendered).
         Award: Forfeiture of $709 per month for 1 month, restriction and extra duty for 30 days, reduction to TM3. Forfeiture and reduction suspended for 3 months. No indication of appeal in the record.
900724:  Retention Warning from USS ABRAHAM LINCOLN (CVN-72: Advised of deficiency (unauthorized absence 4-7 Jun 90 and 2-8Jul90), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

900804:  Retention Warning from USS ABRAHAM LINCOLN (CVN-72): Advised of deficiency (unauthorized absence 4 Jun 90 to 7 Jun 90 and 2 Jul 90 and 8 Jul 90*), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. *Warning has 2 Jun 90 to 8 Jun 90.
        
901102:  Applicant to unauthorized absence 0700-0900, 901102 (2 hours).

920323:  Applicant to unauthorized absence 0700, 92Mar23.

920416:  Applicant from unauthorized absence 0730, 92Apr16 (24 days/surrendered).

 920429:  NJP for violation of UCMJ, Article 86: Unauthorized from 14Mar92 until 16Mar92, violation of UCMJ Article 134: Incapacitated for proper performance of duties on 19Mar92.
         Award: Restriction for 30 days, reduction to TM3. Reduction suspended for 3 months. No indication of appeal in the record.
920501:  Vacate suspended reduction to TMFN awarded at NJP dated 92Apr29 due to continued misconduct.
920501:  NJP for violation of UCMJ, Article 112A (3 specs): (1) Wrongful use of amphetamines on 92Apr17, (2) wrongful use of methamphetamines on 92Apr17, (3) Wrongful use of marijuana on 92Apr17.
         Award: Forfeiture of $521 per month for 2 months, restriction and extra duty for 45 days, reduction to TM3. No indication of appeal in the record.
920502:  USS ABRAHAM LINCOLN (CVN-72) notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse and by a pattern of misconduct.
920504:          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.
920511:  Drug/alcohol evaluation: Applicant found not dependent on drugs or alcohol, but is a drug and alcohol abuser.
920512:  Applicant afforded the opportunity to receive in-patient treatment at a VA hospital. Applicant declined treatment.
920513:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse and a pattern of misconduct. Commanding officer’s comments (verbatim): TMSN (applicant) was an above average performer until his illegal drug use. Despite his past performance, the use of illegal drugs on board a naval vessel cannot be tolerated. TMSN (applicant) was well aware of the Navy's policy concerning drug abuse at the time of is drug involvement and does not possess the potential for further useful naval service. Therefore, I most strongly recommend that he be discharged from the naval service with an other than honorable discharge due to misconduct as evidenced by drug abuse and pattern of misconduct.

920602:  BUPERS directed the applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 920624 under other than honorable conditions for misconduct due to a pattern of misconduct (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 applicant must be aware that there is no law or regulation that provides that an unfavorable discharge may be upgraded based solely on the passage of time or a desire to salvage past mistakes. Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question. The Board found no error or injustice in this case.

The applicant received two Honorable discharges during his tenure in the U.S. Navy for periods of prior service. However, it would be inappropriate for the Board to upgrade the discharge in this case to Honorable, given the facts surrounding the use of numerous drugs by the applicant.

The applicant is reminded 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. Naval Military Personnel Manual, (NAVPERS 15560C, effective 15 Aug 91 until
04 Mar 93), Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – A PATTERN OF MISCONDUCT.

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 St SE Rm 309
                  Washington, D.C. 20374-5023     


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