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NAVY | DRB | 1999_Navy | ND99-00469
Original file (ND99-00469.rtf) Auto-classification: Denied


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

ex-MSSA, USN
Docket No. ND99-00469

Applicant’s Request
The application for discharge review, received 990217, 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 designate a 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. My discharge was inequitable because it was based on one isolated incident in 36 months of service with no other adverse. I am currently unavailable to use my G.I. Bill for schooling with my current discharge status.

 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: {Enlistment contract is not contained in service record.}
         Inactive:

Period of Service Under Review :
Date of Enlistment: 940922               Date of Discharge: 971013

 Length of Service (years, months, days):

         Active: 03 00 22
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 32

 Highest Rate: MSSN (E-3)

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.0                  Behavior: 3.0             OTA: 3.0

Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

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 :

970528:  Medical Department, USS ABRAHAM LINCOLN: 20 year old active duty reports to sick call with chief complaint depression, anger, self harm & psychological concerns. Pt transferred to this ship 29 Apr 97, from Guam where he had been stationed onboard the USS HOLLAND till it decommissioned at which time he transferred to Naval Hospital Guam. He was seen at the Mental Health Clinic NH Guam. Pt diagnosed with Adjustment disorder with depressed mood and resolving occupational problems.
         Assessment: Probable depression related to occupational problems.
         Plan: Consult to Bremerton Mental Health. Safety contract made with pt to do no self harm or injure others.

970606:  Psychiatry Clinic, Madigan Army Medical Center: Service member described his problem as "frustration with the ship and the Navy wasting my time. I have no interest in it. Feelings of self-harm". He stated that he is extremely unhappy with military life and particularly duties with this current command the USS ABRAHAM LINCOLN. The service member stated his sole desire is discharge from Naval service. The service member stated he felt trapped and wished to return to civilian life.................. Provisional diagnosis: Adjustment disorder with depressed mood.
970820:  NJP for violation of UCMJ, Article 112a: Wrongfully used marijuana on diverse occasions, on or about the period March through July 1997.
         Award: Forfeiture of $500 per month for 1 month, restriction and extra duty for 45 days, reduction to E-2. No indication of appeal in the record.

970827:  Medical evaluation for drug abuse found the applicant to be a drug abuser, not drug dependent.
970828:  Applicant was offered but declined out-patient treatment while on active duty at Alcohol Rehabilitation Department, PSNS Bremerton, WA, vice a Veterans Hospital.
970904:  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 applicant's current enlistment.
970904:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
970909:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use). Commanding officer’s comments (verbatim): "MSSA (Applicant) is incapable of adhering to the rules and regulations of the Navy and this command. He is simply unwilling to conduct himself in a manner conducive to good order and discipline. MSSA (Applicant) has not potential for further naval service. Due to MSSA (Applicant)'s misconduct due to drug abuse, I strongly recommend that he be separated from the naval service with an other than honorable discharge.

970923:  COMCRUDESGRU THREE 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 971013 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, the applicant implies that a permissive doctrine exists whereby one in the military is allowed an "isolated incident". The Board believes that the applicant is confusing this with the civilian world wherein some offenses are treated with leniency because they are a first time incident on an otherwise clear record. No such leniency exists in the military. The applicant is responsible for his actions and must accept the consequences of his misdeeds. The Board will not grant relief on the basis of this issue.

The following is provided for the applicant’s edification. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge. 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 he 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 . Navy Military Personnel Manual, (NAVPERS 15560C), Change 14, effective
03 Oct 96 until 11 Dec 97, Article 3630620 SEPARATION OF ENLISTED PERSONNEL 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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