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NAVY | DRB | 1999_Navy | ND99-00168
Original file (ND99-00168.rtf) Auto-classification: Denied


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

ex-CTR3, USN
Docket No. ND99-00168

Applicant’s Request
The application for discharge review, received 981117, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to convenience of government. 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, 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 be changed to read HONORABLE/Secretarial Plenary Authority , Authority: MILPERSMAN Article 3630900.






PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.       I request an upgrade of my discharge to honorable. I believe that the records will show that my service was overall of an enthusiastic and honorable nature, and although I may have been in error in taking a prescription drug without express orders from a military physician, I believe that my life was in danger and that I needed to slow my heart rate. My mother gave me some of her valium. I have not used drugs at any other time during my service, or since.
2.       I request that the reason for my discharge be changed from misconduct - drug abuse (use) to convenience of the government. I do not believe that my service was characterized by drug abuse. The single instance of drug use was self-medication to slow my heart rate because I believe that I was in danger of my life from the arrhythmia of wolff-parkinson-white syndrome. I did not conceal taking this medication and immediately informed the naval doctors.
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Letter of Support from Beaverton Senior Resource Center Department of Aging & Veterans' Service
Letter from applicant (3pgs)
Copy of DD Form 214
Letter from S____ C. H____, M.D
Copies from Medical Records (37pgs)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     890628 - 890808  COG

 Period of Service Under Review :
Date of Enlistment: 890809               Date of Discharge: 920806

 Length of Service (years, months, days):

         Active: 03 11 28
         Inactive: None

 Age at Entry: 23                          Years Contracted: 4

Education Level: 12                        AFQT: 47

 Highest Rate: CTT3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.60 (2)    Behavior: 3.60 (2)                OTA: 3.80

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

Days of Unauthorized Absence: None

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

UNDER HONORABLE CONDITIONS (GENERAL)/Misconduct – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.

 Chronological Listing of Significant Service Events :

920422:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by all drug related incidents in current enlistment {Extracted from CO's message}.
920422:          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 {Extracted from CO's message}.

920529:  NJP for violation of UCMJ, Article 86: UA, violation of UCMJ Article 92: Failure to obey other lawful order.
         Award: Forfeiture of 1/2 months pay per month for 1 month (suspended for 6 months), restriction and extra duty for 15 days. No indication of appeal in the record.
920623:  Medical evaluation for drug abuse found the applicant to be a drug abuser, not drug dependent {Extracted from CO's message}.
920706:  Commanding officer recommended discharge under honorable conditions (general) by reason of misconduct due to drug abuse (use). Commanding officer’s comments: SMN C_____s is a below average performer with a history of one UA in addition to a positive urinalysis for Valium taken while admitted Balboa Naval Hospital for heart palpatations. Mbr once was prescribed Valium for these palpatation, but has not had a prescription since childhood. I believe that MBR's use was purely for medicinal vice recreational purposes. Nonetheless, SN C_____'s exhibited extremely poor judgement in taking a nonprescribed control substance. His lack of judgement is not in keeping with a rate as sensitive as CT rating. Therefore, I recommend discharge under general conditions.

920727:  BUPERS directed the applicant's discharge under honorable conditions (general) by reason of misconduct due to drug abuse (use).

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 920806 under other than honorable conditions for misconduct due to drug abuse (use) (A). After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was improper and inequitable (B and C) given the circumstances.

In the applicant’s issue, the Board found the discharge not to be commensurate with the offense and too severe for admitted self-medication. The Board found by a unanimous vote that the discharge as issued was unwarranted. The applicant was truthful about his self-medication, had served honorably for 3 years, 11 months and 28 days, and should not be punished for life for poor judgement. Letters from his U.S. Navy attending physician, the Washington County veteran’s affairs and the applicant presented a compelling case to the Board. Accordingly, the discharge should be changed to read HONORABLE /Secretarial Plenary Authority, authority: MILPERSMAN 3630900.

The applicant is advised he may submit a petition to the Board of Correction to Naval Records, 2 Navy Annex, Room 2432, Washington, D.C. 20370-5100 to change his re-enlistment code (RE-4).
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 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

C. 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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