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NAVY | DRB | 1999_Navy | ND99-00188
Original file (ND99-00188.rtf) Auto-classification: Denied


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

ex-DKSA, USN
Docket No. ND99-00188

Applicant’s Request
The application for discharge review, received 981119, 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 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

Issue

 1. “I was discharged because I had a positive urinalysis. I was told that I tested positive for cocaine. I swore that I didn't do any drugs. I offered to take a polygraph test at my own expense. My mother was on the same ship as me and I would never do anything to disgrace her. I pleaded my case to everyone. I used marijuana before I entered the Navy. I admitted that, signed a waiver and even took a lie detector test and past (SIC.) I actually begged BT1 R__ to let me take the test in front of everyone else because I had to go to the bathroom. It wasn’t until after I was discharged that this guy admitted to me that he laced my cigarettes with cocaine to take my mind off my best friend PO1 R_ A_ P__’s suicide. (3 days prior to the drug test.) I was drinking vodka heavily for 2 days trying to forget things. I figured there wasn’t anything I could do until now. I did know this guy did drugs because he told me but I thought that since he didn’t do them around me and I didn’t see it, it was alright. I’ve been working very hard to live right. I’ve never been in trouble while I was in the military, before then or after. I work full time, go to school and raise my 16 month old son. I want to get this straightened out soon. I have done a lot of stupid things in my life, but this situation is not one of them. (Not knowingly.) Please help me clear my name.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)              900823 - 910626  COG

 Period of Service Under Review :
Date of Enlistment: 910626               Date of Discharge: 941116

 Length of Service (years, months, days):

         Active: 03 04 21
         Inactive: 00 10 03

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 39

 Highest Rate: XX3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.8 (3)     Behavior: 3.9 (3)        OTA: 3.85

Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SWASM

 Days of Unauthorized Absence: XX

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 :

910626:  Applicant attested during drug screening upon enlistment that she had not used drugs prior to her enlistment in the US Navy.
920625:  Applicant notified by DON Central Adjudication Facility that her security clearance was revoked. Actual reason not identified in correspondence.
        
941006:  NJP for violation of UCMJ, Article 112a: Wrongful use of cocaine.
Award: Forfeiture of $466 per month for 2 months, restriction and extra duty for 45 days, reduction to DKSA. No indication of appeal in the record.
941012:  Medical evaluation for drug abuse found the applicant to be a drug abuser, not drug dependent. SNM is not amenable to rehabilitation. Recommend separation from service not via VA hospital.
941012:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
941013:  Applicant advised of her 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.
941020:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use). Commanding officer’s comments (verbatim): “DKSA (applicant) tested positive for cocaine on a command unit sweep test, and was subsequently found guilty at her commanding officer’s non-judicial punishment hearing which occurred on 941006. In order to maintain good order and discipline and to adhere to the zero tolerance policy, I recommend DKSA (applicant) be discharged from the Naval service as soon as possible with an Other than Honorable discharge.”

941108:  BUPERS directed the applicant's discharge under other than honorable conditions by reason of misconduct due to drug use.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 941116 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.

Applicant denies ever using cocaine. The Board presumes regularity and found the applicant had abused drugs and determined no other grounds for upgrading the discharge exist. The discharge was equitable and proper.

Accordingly, relief is denied.

 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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