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NAVY | DRB | 1999_Navy | ND99-00459
Original file (ND99-00459.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND99-00459

Applicant’s Request
The application for discharge review, received 990211, 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 991213. 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 - Pattern of misconduct, authority: NAVMILPERSMAN, Article 3630600.


The NDRB did note an administrative error on the original DD Form 214. Block 25, Separation Authority should read: “3630600” vice “3630650”. The original DD Form 214 should be corrected or reissued as appropriate.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. I have been out of the military for 11 years and have been a model citizen.

2. I am now divorced from the source of my problems. I feel I was very immature at the time and did not understand the severity of my actions.

3. Would like to obtain employment (full-time) with the postal service. I was a temporary for five years but, I am not allowed to hold a full-time position because of my discharge.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Letter from applicant dated February 5, 1999
Letter from Member of Congress dated May 14, 1997

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     860219            COG

 Period of Service Under Review :
Date of Enlistment: 860220               Date of Discharge: 870114

 Length of Service (years, months, days):

         Active: 00 10 25
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 36

 Highest Rate: SR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.00 (1)    Behavior: 2.90 (2)                OTA: 2.80

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: 2

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct - Pattern of misconduct, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

860225:  Applicant briefed on Navy's policy on drug and alcohol abuse.

 860820:  NJP for violation of UCMJ, Article 112A: Wrongfully use cocaine on or about 86Jul28.
         Award: Forfeiture of $319 per month for 2 months. CCU for 30 days. No indication of appeal in the record.
860826:  Retention Warning from [Naval Air Station, Pensacola, FL]: Advised of deficiency (Awarded CO's NJP on 20 August 1986 for wrongful use of a controlled substance, cocaine.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

860902:  Drug screen: No physical or psychological evidence of drug abuse.

860909:  Drug and Alcohol Abuse Report: Cocaine abuse, July 1986 ashore off duty, urinalysis July 1986. Medical officer determined applicant not dependent and recommended separate not via VA hospital. Commanding Officer recommended separation. Comments: SNM is a married 20 year old female with 5 1/2 months active naval service. Member's service record reveals no military or civil convictions, however enlistment contract has mention of THC use prior to enlistment with the last time being Apr82. SNM onboard only two months when department unit sweep identified her as a cocaine abuser. Member has showed positive on all mandatory tests of 6, 11 and 20 Aug 86. NJP awarded 20 Aug86, 30 days CCU and 1/2 months pay for 2. SNM's potential for further useful naval service is fair. This command recommended retention at this time.

860910:  Emergency Care and Treatment: Assessment/Diagnosis: Suicide gesture.

860910:  Medical Record: Dx: Adjustment disorder with depressed mood. Recommendation and Plan: Member to return to clinic on Friday 19 Sept. Member to return to CCU to complete remaining 8 days of sentence. CCU may want to keep belts etc from member for 3 days.

860911:  Psychological consultation: Diagnosis: Adjustment disorder with depressed mood. Cocaine abuse, course unspecified.

861020:  Medical Record: Diagnosis: 1. Suicide gesture, Naprosyn drug overdose. 2. Major depression, single episode. Discharged to duty with recommendation for 4 days convalescent leave.

861203:  Applicant to unauthorized absence 1140, 86Dec3. Applicant apprehended by Escambia County Sheriff's Department, Pensacola, FL. Civil charges pending.

861204:  Applicant from unauthorized absence 1220, 86Dec4 (1 day/apprehended).

861217:  Applicant to unauthorized absence 0800, 86Dec17.

861218:  Applicant from unauthorized absence 1630, 86Dec18 (1 day/surrendered).

Discharge package missing from service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 870114 under other than honorable conditions for misconduct due to a pattern of misconduct (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).

In the applicant’s issue 1, the Board found nothing to substantiate that the applicant has been a model citizen.

The applicant’s issues 2 and 3 the Board determined to be without merit. The applicant alleges that she was immature at the time and did not understand the severity of her actions. The Board found that she was briefed and acknowledged the Navy’s policy of no tolerance for drugs. Furthermore, the Board found that the applicant had a drug waiver to enlistment because of previous use of THC. The applicant is responsible for her actions and must accept the consequences of her misdeeds. Additionally, the NDRB is under no obligation to change the applicant’s discharge characterization to give her the opportunity to obtain better employment. Relief denied.

 The following is provided for the applicant’s edification. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge (E). The applicant must be aware that there is no law or regulation which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the service. Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question. Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, may be considered by the NDRB. The applicant is reminded that she is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. Representation at personal appearance hearing is highly recommended.


Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560, Change 7/86, effective 15 Dec 86 until 14 Jun 87), Article 3630600, SEPARATION OF ENLISTED MEMBERS BY REASON OF MISCONDUCT A PATTERN OF MISCONDUCT.

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 St SE Rm 309
                  Washington, D.C. 20374-5023     


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