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NAVY | DRB | 1999_Navy | ND99-00462
Original file (ND99-00462.rtf) Auto-classification: Denied


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

ex-SR, USNR
Docket No. ND99-00462

Applicant’s Request
The application for discharge review, received 990211, 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 991213. After a thorough review of the records, 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 3630620.



PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. Upon separation, I was informed by one of the Navy sep. petty officers that within 6 mos of sep, I could request an Honorable Discharge. This was not done by me for I found out the hard way I was battling an alcohol problem - which lead to bigger problems and was the direct reason for my problem with repeat performances of mischief leading to arrest or capts mast. Part of the problem was being able to drink on Base at age 17 my alcohol abuse started then and ended when I was 22. I started a family then and stopped the drinking.

After a dozen years of respectable citizen behavior, I feel that I'm armed with enough time of good conduct to request that my o.t.h. be changed to an honorable.

This will enable me to state with confidence that I was in the Navy. Also with buying a home for 1 st time buyers benifits through a va type loan.

I'm a father of 4 now and my discharge is one thing I've managed to not talk about - or put on applications or my resume. Please consider the source of my anger and mischief and help me put away one demon of my youth - Thank you SN (applicant)


 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
None

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: None

 Period of Service Under Review :
Date of Enlistment: 830404               Date of Discharge: 840914

 Length of Service (years, months, days):

         Active: 01 01 20
         Inactive: 00 03 20

 Age at Entry: 17                          Years Contracted: 6

 Education Level: 12                        AFQT: 36

 Highest Rate: SA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (1)    Behavior: 2.00 (1)                OTA: 2.80

 Military Decorations: None

 Unit/Campaign/Service Awards: None

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 3630620.

 Chronological Listing of Significant Service Events :

830725:  Applicant ordered to active duty for 36 months under the Active Mariner Program.
830728:  Applicant briefed on Navy policy on drug and alcohol abuse.

840418:  Competency for duty evaluation: Applicant found incompetent.

 840420:  NJP for violation of UCMJ, Article 108: Destruction to government property on 18Apr84, violation of UCMJ Article 134 (2 specs): Drunk and disorderly and incapacitated for proper performance of duty on 18Apr84.
         Award: Forfeiture of $100 per month for 2 months, restriction and extra duty for 45 days, reduction to SR. Reduction suspended for 3 months. No indication of appeal in the record.

840512:  Counseled for the following deficiencies in conduct: alcohol abuser. You were convicted at CO’s NJP of the violation of Articles 108 and 134 of the UCMJ in connection with abuse of alcohol. Assistance is available.
 Subsequent violations of the UCMJ or conduct resulting in civilian conviction could result in administrative separation under other than honorable conditions.

 840606:  NJP for violation of UCMJ, Article 92: Disobeying a lawful order, to wit: missing restricted muster on eight occasions.
         Award: Restriction for 8 days. No indication of appeal in the record.
840626:  Vacated suspended reduction to SR awarded at NJP 84Apr20 due to continued misconduct.
840626:  NJP for violation of UCMJ, Article 109: Damaging private property on 24May84, violation of UCMJ, Article 133: Drunk and disorderly on 24May84, violation of UCMJ, Article 134: Wrongful use of marijuana on 24May84.
         Award: Forfeiture of $250 per month for 2 months, restriction for 60 days. No indication of appeal in the record.
840701:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by having become involved in your second drug abuse related incident and by reason of misconduct due to a pattern of misconduct as evidenced by your three convictions at commanding officer's NJP..

840702:  Medical evaluation for drug abuse found the applicant to be a drug and alcohol abuser, not dependent. Retention not recommended.
840707:  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.
840707:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use) and misconduct due to a pattern of misconduct.

840806:  CNMPC directed the applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 840914 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, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).

In response to applicant’s issue 1, there is no law or regulation that provides for the upgrade of an unfavorable discharge based solely on the passage of time or good conduct in the civilian life subsequent to leaving the Service. However, the Board is authorized to consider post-service factors in the recharacterization of a discharge (D). Those factors include, but are not limited to, the following: evidence of continuing educational pursuits (transcripts, diplomas, degrees, vocational-technical certificates), a verifiable employment record (Letter of Recommendation from boss), documentation of community service (letter from the activity/community group), certification of non-involvement with civil authorities (police records check) and proof of his not using drugs (detoxification certificate, AA meeting attendance or letter documenting participation in the program) in order for consideration for clemency based on post-service conduct. The applicant has not provided any documentation of good character and conduct. Therefore no relief will be granted.

Pertinent Regulation/Law (at time of discharge)

 A. Navy Military Personnel Manual, (NAVPERS 15560), Change 4/84, effective
25 Apr 84 until 16 Sep 84, 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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