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NAVY | DRB | 1999_Navy | ND99-00153
Original file (ND99-00153.rtf) Auto-classification: Denied


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

ex-SA, USN
Docket No. ND99-00153

Applicant’s Request
The application for discharge review, received 981006, 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 991004. 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

Issue (verbatim)

 1. “To whom it may concern: I was discharged from the U. S. Navy for drug use with an other than honorable discharge. I would like for the review board to consider the following circumstances for upgraded my discharge to “General”. During the Operation Desert Shield/Storm tour when we were oversees I was introduced to using drugs because of the war and not being settled in my mind about seeing my family again. The Gulf War also caused my thinking and military bearing become not as it was expected of me. After returning back from the war, I received word through the Red Cross message center about my daughter being hospitalized and also 2 deaths in my immediate family during the war. I really felt that not only was I not in the right state of mind after the war, I am still undergoing psychiatric help as of today for the Gulf War. I’m not 100% physically fit as I was before the War. I go through flashbacks of the turmoil that I went through for 6 months in the Gulf.”
         “Even my family still states to me that I haven’t been the same since I came home from the war. I would like to use my school benefits that I paid for to further my education. Also I don’t have medical benefits from the V. A., so I have numerous medical bills. And last I can’t get a V. A. loan for a home to live in because of my other than honorable discharge. I think I have suffered enough for the past six years after being discharged to have another opportunity of life and not living in denial because of the war of 1991. Thank you for your time and patience.”
.
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: None
         Inactive: USNR (DEP)     881028 - 890807  COG

 Period of Service Under Review :
Date of Enlistment: 890808               Date of Discharge: 920228

 Length of Service (years, months, days):

         Active: 02 06 21
         Inactive: 00 00 00

 Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 25

 Highest Rate: SN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.80 (3)    Behavior: 2.90 (3)                OTA: 3.50

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SWASM w/2 Stars, 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 :

881027:  Applicant certified he had seen “Drug Abuse – Not in my Navy” and
                  was briefed on the Navy’s zero tolerance for drug abuse.

890808:  Applicant certified that he had used marijuana in the past prior to entry
                  on to active duty while in DEP. Waiver granted to begin recruit
                  training.

890810:  Applicant briefed on Navy policy on drug and alcohol abuse.

 920131:  NJP for violation of UCMJ, Article 112a: Wrongful use of cocaine on 920115.
         Award: Forfeiture of $440.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-2. No indication of appeal in the record.
920203:  Medical evaluation for drug abuse found the applicant to be a drug abuser, not drug dependent. No treatment recommended.
920131:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by being found guilty at nonjudicial punishment held on 920131 for wrongful use of cocaine on or about 920115.
920131:          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.
920206:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

920221:  BUPERS 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 920228 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 issue 1, the applicant claims that he “was introduced to using drugs because of the war and not being settled in my mind about seeing my family again”. The NDRB recognizes that serving in the Navy is very challenging. Our country is fortunate to have men and women willing to endure the hardships and sacrifices required in order to serve their country. It must be noted that most Sailors serve honorably and well and therefore earn honorable discharges. In fairness to those Sailors, commanders and separation authorities are tasked to ensure that undeserving Sailors receive no higher characterization than is due. While the NDRB respects the fact that the applicant tried, his service is equitably characterized as being performed under other than honorable conditions. Relief is not warranted.

 Pertinent Regulation/Law (at time of discharge)

 A. Navy Military Personnel Manual, (NAVPERS 15560C), effective 15 Aug 91 until 04 Mar 93, 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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