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NAVY | DRB | 1999_Navy | ND99-00169
Original file (ND99-00169.rtf) Auto-classification: Denied


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

ex-SN, USN
Docket No. ND99-00169

Applicant’s Request
The application for discharge review, received 981116, requested that the characterization of service on the discharge be changed to general/under honorable conditions and the reason for the discharge be changed to medical. 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 not change. The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630620.




PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. Drug abuse - because of mental illness. Bad conduct - because of mental illness. Military records should show signs of mental illness. Diagnosis schizophrenia


 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of preliminary discharge summary/aftercare plan dated October 27, 1998 from North Carolina Division of Mental Health, Developmental Disabilities and Substance Abuse
Statement from applicant's mother
Statement from applicant
Copy of DD Form 214 (Member 1)
Copy of Enlisted Performance Evaluation Report for 94Feb01 to 95Jan31 and 95Feb01 to 96Jan08

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)              930311 - 930531  COG

 Period of Service Under Review :
Date of Enlistment: 930601               Date of Discharge: 960229

 Length of Service (years, months, days):

         Active: 02 08 29
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 32

 Highest Rate: SN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.80 (1)    Behavior: 3.80 (1)                OTA: 3.80       4.0 evals
 Performance: 3.00 (1)    Behavior: 2.00 (1)                OTA: 2.33       5.0 evals

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR, NDSM, BER

 Days of Unauthorized Absence: None

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630620.

 Chronological Listing of Significant Service Events :

930603:  Applicant briefed on Navy Policy concerning drug and alcohol abuse.
940922:  NJP for violation of UCMJ, Article 92: Failure to obey a lawful order, violation of UCMJ Article 134: Drunkenness on 94Aug25.
         Award: Forfeiture of $100 per month for 1 month, restriction and extra duty for 15 days. No indication of appeal in the record.
951207:  NAVDRUGLAB [Jacksonville, FL], reported applicant’s urine sample, received 951127, tested positive for cocaine.
951212:  NJP for violation of UCMJ, Article 112A: Wrongful use of a controlled substance, to wit: cocaine.
         Award: Forfeiture of $478.80 per month for 2 months, restriction and extra duty for 45 days, reduction to SA. No indication of appeal in the record.
951214:  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 incidents in your current enlistment.
951219:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
951222:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

960129:  BUPERS directed the applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

960210:  USS THORN message to BUPERS re: applicant's election for administrative separation via inpatient drug rehabilitation treatment. After intake interview applicant elected to forego treatment.

960307:  BUPERS granted authority to hold discharge for Level III treatment.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 960229 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. He did however, aver that mental illness caused or led to his discharge. The Board does not believe mental illness caused the applicant to ingest cocaine, become drunk on duty, or fail to obey lawful orders. The characterization of his discharge was based on misconduct arising from his abuse of drugs by using cocaine and accurately reflects his service during this enlistment. Accordingly, relief is not warranted or granted in this case.

Pertinent Regulation/Law (at time of discharge)

 A . Navy Military Personnel Manual, (NAVPERS 15560C), Change 9/94, effective
22 Jul 94 until 02 Oct 96, 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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