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NAVY | DRB | 1999_Navy | ND99-00667
Original file (ND99-00667.rtf) Auto-classification: Denied


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

ex-ETSN USN
Docket No. ND99-00667

Applicant’s Request
The application for discharge review, received 990420, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. The applicant listed VETERANS OF FOREIGN WARS as his representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000411. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned inequity in the characterization of the applicant’s service. The Board’s vote was unanimous that the applicant’s reason for discharge will remain the same. The Board’s vote was 3 to 2 that the character of the discharge shall change. The discharge shall change: UNDER HONORABLE CONDITIONS (GENERAL)/Misconduct – Drug abuse (Possession), authority: NAVMILPERSMAN, Article 3630620.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.       After enlisting in the Navy in July 1980, applicant did not report to his first permanent duty station until April 1983. Up until that his entire exposure to the Navy was in a school environment. He was reenlisted in July 1984 and discharged in December 1984. It appears that the Navy got very little use from the Sailor and he never really had an opportunity to adjust to the Navy way of life.
2.       The applicant's offense was merely possession and did not appear to impair his ability to serve. He had no previous drug involvement and none since. He had over 4 years previous honorable service that outweighs the offense.
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Letter from the applicant dated 27 Mar 2000
Letter from P___ R___, Vice President for Student Affairs at CCSU dated 17 Sept 1999
Letter from C___ O___, Associate Vice President at CCSU dated 7 Mar 2000
Letter from R___ J____, President of CCSU dated 24 Feb 2000
Applicant’s Resume
Copy of Receipt from American Society for Quality dated 16 Feb 2000
Copy of applicant’s Unofficial Transcript
Copy of Picture of Student Government Association
Resolution dated 8 Nov 1995 concerning applicant’s service as a Trustee at CCSU
Applicant’s CCSU President’s Citation and associated documents dated 5 May 1995
Letter from Connecticut State Senator, W____ D____, dated 5 Aug 1993
Certificate of Participation for XXIV Regional Qualifying Olympic Games dated 8 April 1988


PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        800707 - 840705  HON
         Inactive: USNR (DEP)     800508 - 800706  COG

 Period of Service Under Review :
Date of Enlistment: 840706               Date of Discharge: 841221

 Length of Service (years, months, days):

         Active: 00 05 16
         Inactive: None

 Age at Entry: 22                          Years Contracted: 5

Education Level: 12                        AFQT: 96

 Highest Rate: ET2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (1)    Behavior: 2.00 (1)                OTA: 3.20

 Military Decorations: None

 Unit/Campaign/Service Awards: NUC, NEM, SSDR

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 :

840706:  Reenlisted on board USS DWIGHT D EISENHOWER (CVN-69) for 5 years.
841016:  NJP for violation of UCMJ, Article 86: UA from 2200, 840728 to 0600, 840729.
         Award: Forfeiture of $100 per month for 1 month, extra duty for 10 days, reduction to E-4 (suspended for 6 months). No indication of appeal in the record.

841106:  Vacate suspended reduction in rate awarded at NJP on 841016 due to continued misconduct.
841106:  NJP for violation of UCMJ, Article 92: Wrongful possession of drug paraphernalia on 841019, violation of UCMJ Article 112a: Wrongful possession of marijuana on 841019.
Award: Forfeiture of $396 per month for 2 months, restriction and extra duty for 45 days, reduction to E-3. No indication of appeal in the record.
841108:         Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct evidenced by drug abuse.
841108:          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.

841109:  Medical evaluation for drug abuse found that the applicant does not reveal evidence of psychosis or disabling neurosis, does not possess suicidal or homicidal intention, does not require detoxification, is not drug dependent

841114:  Substance Abuse Report: indicates applicant is not dependent, not eligible for treatment, recommend separate not via VA hospital.

841117:  Commanding officer recommended 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 841221 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 when issued. However, in light of the applicant’s post-service conduct, the Board considers the applicant’s discharge inequitable at this time(C and D).

While the Board upgraded the applicant’s discharge, the Board disagreed with the applicant’s two issues. The Board found nothing in the records, nor did the applicant provide anything to indicate or to show that there exists an error of fact, law, procedure, or discretion, associated with his discharge at the time of issuance, and that his rights were prejudiced thereby. Furthermore, there has been no evidence to indicate that the applicant should not be held responsible for his actions. Concurrently, the Board disagreed with the applicant’s assertion that his service outweighed his misconduct. Therefore, relief is denied on the basis of the applicant’s two issues.

The Board upgraded the applicant’s discharge to General based on his post-service conduct. While his service in his community has been laudable, the Board did not feel that an honorable discharge was warranted based on his misconduct. The discharge certificate will be re-issued to read UNDER HONORABLE CONDITIONS (GENERAL) / MISCONDUCT – Drug Abuse (Possession).
Pertinent Regulation/Law (at time of discharge)

 A. Navy Military Personnel Manual, (NAVPERS 15560), Change 10/84, effective
17 Sep 84 until 15 Dec 85, 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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