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NAVY | DRB | 1999_Navy | ND99-00324
Original file (ND99-00324.rtf) Auto-classification: Denied


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

ex-ICFN, USN
Docket No. ND99-00324

Applicant’s Request
The application for discharge review, received 981223, 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 991130. 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, Drug abuse (Use), authority: NAVMILPERSMAN, Article 1910-146, formerly Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank.

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)              940527 - 940905  COG

 Period of Service Under Review :
Date of Enlistment: 940906               Date of Discharge: 980217

 Length of Service (years, months, days):

         Active: 03 05 12
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 78

 Highest Rate: IC3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.80 (1)    Behavior: 3.80 (1)                OTA: 3.80        4.0 evals
 Performance: 3.60 (5)    Behavior: 2.60 (5)                OTA: 3.14        5.0 evals

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, NER, GCM

 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 1910-146, formerly 3630620.

 Chronological Listing of Significant Service Events :

971029:  Medical evaluation for drug abuse found the applicant to be a alcohol dependent, physiological dependent, not drug dependent. TRISARF treatment recommended.
971124:  NIS Report: Investigated an apparent overdose and possession of a controlled substance. K_ had responded to the base chapel based on a complaint of a female (applicant), acting strangely. When PHPD contacted her, she produced a small plastic bag containing an off-white powdery substance from inside her shirt...transported to Tripler Army Medical Center where she was treated....(applicant) tested positive for cocaine and amphetamines.
         On 15Oct97,...field test of the substance which had a positive color reaction for amphetamines....
         ...On 21Oct97, RA requested toxicology records from TAMC regarding the presence of controlled substances in (applicant's) body...TAMC denied the release....
         ...On 3Nov97, the NCISRFL produced a Report of Analysis, stating that the substance weighed .96 grams and contained cocaine....
         This investigation has been conducted under suspected violations of Article 112 (a) of the UCMJ, Narcotics.

971218:  Drug and Alcohol Abuse Report: Cocaine possession and abuse ashore, off duty, 971015, medical. CAAC recommended Level III treatment. Clinical psychologist found applicant not dependent and recommended Level III treatment. Commanding officer recommended Level II treatment.
971219:  NJP for violation of UCMJ, Article 112A (2 specs): Wrongfully possess .96 grams of cocaine and wrongfully use cocaine on 15 October 1997.
         Award: Forfeiture of $652.80 per month for 2 months, restriction and extra duty for 45 days, reduction to ICFN. Forfeiture suspended for 6 months, restriction and extra duty suspended 10 days. No indication of appeal in the record.
971231:  Applicant notified of intended recommendation for discharge under Other Than Honorable conditions by reason of Misconduct due to Drug abuse as evidenced by Commanding Officer's Nonjudicial Punishment of 19 December 1997.
971231:          Applicant advised of his rights and having consulted with counsel certified under UCMJ, Article 27B, elected to appear before an Administrative Discharge Board.
980116:  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had committed misconduct due to drug abuse, that the misconduct warranted separation, and by a vote of 2 to 1 recommended discharge General (under Honorable conditions).
980130:  Commanding officer directed discharge General (under Honorable conditions) by reason of Misconduct due to Drug abuse (Use). Commanding officer’s comments (verbatim): ICFN (applicant's) performance onboard WILLAMETTE has been above average. She has been recognized for her hard work with several Letters of Appreciation. I believe the use of drugs is not a part of her life and the incident leading to her separation was a one time offense. Due to the involvement of alcohol, she was screened for alcohol dependency and diagnosed as dependent. She started Residential Treatment on 07 November 1997 and was discharged on 30 November 1997. She is currently receiving counseling from CAAC.
         ICFN (applicant) was found guilty of use and possession of a controlled substance under UCMJ Art 112a at Commanding Officer's Non-judicial Punishment. Therefore, she was processed for administrative separation. She elected her right to an Administrative Board and requested separation at the proceedings. The Board members voted to separate her with a General discharge. Based on the findings of the Administrative Board and with the separation authority granted to me in reference (a), ICFN (applicant) is hereby discharged from the naval service with a characterization of General (Under Honorable Conditions). The discharge date is 17 February 1998. The separation code is GKK and the re-enlistment code id RE-4.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 980217 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.

 Pertinent Regulation/Law (at time of discharge)

 A . The Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective 12 Dec 97 to 19 May 99, Article 1910-146 (formerly 3630620), Separation by Reason of Misconduct - 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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