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NAVY | DRB | 1999_Navy | ND99-00861
Original file (ND99-00861.rtf) Auto-classification: Denied


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

ex-MSSN, USN
Docket No. ND99-00861

Applicant’s Request
The application for discharge review, received 990614, 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 000713. 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, authority: NAVMILPERSMAN, Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 My Navy career ended in May 1994, which I was given an Other Than Honorable Discharge. I went out before a cruise and indulged in alcohol and experimented with some marijuana, afterwards I was given a urinalysis and tested positive THC. I thought at that time my life was over and with a heavy depression on me I felt so very suicidal. I was strong enough to go on and become born again and trust in God for help. After being saved I was called to preach the Gospel when now I preach to ex-drug user in a Drug & Alcohol Rehabilitation Center. I also was a Adult Counselor for the B_ G_ F_ G_ Festival in 1998, where I lead a Drug Addicts to the Lord Jesus in September of 1999. As I looked at TBN Christian TV on Saturday May 24, 1997 I saw Secretary of the Navy Mr. J_ H. D_ read a scripture at the Crystal Cathedral, Garden Grove, CA. During the Hour of Power with the Pastor R_ S_ I realized that even the Secretary of the Navy had a forgiving heart so at that time I though of going back to the US Navy and ask for forgiveness, for my past sin and wrong doing.

I now ask you to forgive me for my embarrassment I caused to the US Navy. I have sinned before you and God almighty. I ask humbly for your forgiveness. I ask also that you would grant me a Honorable Discharge so that I may add this to my testimony of the Glory of my Lord Jesus Christ. I have included a letter from my Pastor and several other partnership Pastors I fellowship with. Please have mercy and forgive me board members at the Board of Corrections. I have also included a letter from my administrator at work. My desire is to one day go into full-time Gospel Ministry and would greatly appreciate your support in helping me to accomplish my goal. I have also included my certificates of training in Law Enforcement for the Sheriff Department and other training certificates that show my progress in the past years. I have not been just relaxed and slothful. I thank you for your time and consideration in evaluating me from your heart and I will end her with Psalms 111:3 the Lord work is honorable and Glorious; and his righteousness endureth forever.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Applicant's Enlisted Performance Summary Record
Letters of Recommendation from Person Pastor
Letters of Recommendation from my Pastors and Partners
Church Tithe and Offering Contributions Statements
Letter of Recommendation from Work Supervisor
Letter from N.C. Senator J_ H. K_, III
School of Ministry Graduation Certificate
School of Discipleship Graduation Certificate
Certificates of Completion of College Courses and N.C. Law Enforcement Justice Academy Certifications

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USNR              830707 - 890720  HON
         Inactive: USNR            821208 - 830706  Report ACDU

 Period of Service Under Review :
Date of Enlistment: 890721               Date of Discharge: 940523

 Length of Service (years, months, days):

         Active: 04 10 03
         Inactive: None

 Age at Entry: 25        Years Contracted: 3 (3, 6 & 27 months
 extension)
Education Level: 13                        AFQT: 24 (Re-take - 51)

 Highest Rate: MS2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.76 (6)    Behavior: 3.8 (6)                 OTA: 3.82

 Military Decorations: None

 Unit/Campaign/Service Awards: Navy Battle "E" Ribbon, NMOSSR (w/2 Bronze Stars), NDSM, KLM, NUC, GCM

Days of Unauthorized Absence: None

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630620.

 Chronological Listing of Significant Service Events :

890721:  Reenlisted for term of 3 years at Naval Station, Roosevelt Roads, PR.

920721:  Extended enlistment for 3 months.

921021:  Extended enlistment for 6 months.

921231:  Enrolled in the Exceptional Family Member (EFM) Program.

930421:  Extended enlistment for 27 months.

940203:  NAVDRUGLAB, Jacksonville, FL report : Positive for marijuana as result of urinalysis test on 16 DEC 93.

 940205:  Security Officer, USS SARATOGA Incident/Complaint Report: At about 0810, MA1 A_ was informed that MS2 (Applicant) had written a suicide note (3 letters), and it had been delivered to VS-30 C/MC AOCM R_. Command Investigations Unit assumed jurisdiction. Synopsis: (Applicant) admitted to C/MC R_ in the presence of CDR H_, the Senior Medical Officer, that he had written the letters. (Applicant) was under investigation for positive results on a urinalysis test conducted near 15 or 16 Dec 93. Case closed.

 940211:  Psychiatrist eval (Capt A.N. L_, MC): Pt, a 29 year old, married, black male, MS2/AD/USN, with 11 years of active duty assigned with Squadron VS-30 onboard USS SARATOGA was referred for evaluation for suicidal ideation. Pt reported that on 4 Feb 94 he was told that he tested positive for drugs in a command urinalysis and apprised of the consequences of same, i.e. possible separation from active military service. His unit deployed on 12 Jan 94 and apparently he requested to be left behind to pursue rehab for his disabled son but the request was allegedly denied. He reported felling depressed and though of jumping off the ship in a suicide but reconsidered after allegedly talking to his wife who also was in her early pregnancy. He admitted writing a suicide not to his Command Master Chief and wife. Pt further reported that his now seven year old son was in a motor vehicle accident in 1990, was in comas for almost a year with brain damage and in hospitals for almost two years after accident. Now son allegedly is unable to walk, permanently in a wheelchair but is apparently ready for further rehab. Also he reported he is with exceptional family member program and pt is in process of having his son admitted to a hospital for rehab. He alluded that now with possible separation from service he will be without resources to proceed as planned. He expressed resentments that he is on this deployment and felt alienated from his command for non-support. He denied past self destructive behaviors but endorsed feeling depressed during deployment in Virgin Islands in Nov 93 for "once allowed some Island man to blow marijuana smoke in my face and drop his roach, the end product, into my glass which I drank. I wanted a feeling of well being". He denied usage of drugs except for the mentioned preceding episode. He uses alcohol sparingly with no alcohol related impairments reported.
Impression: 1 - Adjustment Disorder with Depressed Mood, 2 - Marijuana usage one time by history.
Recommendation: 1 - Psychiatrically fit for full duty, 2 - No psychiatric contraindication for any administrative or legal procedure note, 3 - He is fully responsible for his actions, 4 - Encouraged to avail self of care when needed.

940214:  Applicant's statement concerning the suicidal letters.

 940216:  NJP for violation of UCMJ, Article 112A: wrongful use of marijuana, 94DEC12.
Award: Forfeiture of $752 per month for 2 months, restriction and extra duty for 45 days, reduction to E-4. No indication of appeal in the record.
940218:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by wrongful use of marijuana.
940219:  Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
940402:  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 recommended discharge under other than honorable conditions.
940406:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use). Commanding officer’s comments (verbatim): "MS3 (Applicant) does not conform to military standards and is aware of the Navy's policies regarding misconduct and drug abuse. The findings and recommendations of the Board are approved an it is recommended that he be discharged with an Other Than Honorable discharge."

940502:  BUPERS directed the applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use) and administratively reduce to E-3 effective upon separation.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 940523 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).

In response to the applicant’s issue, 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, can be considered. In determining whether a case merits a change based on post-service conduct, the NDRB considers the length of time since discharge, the applicant's record of community service, employment, conduct, educational achievements, and family relationships. In reviewing the applicant’s post service, the Board was impressed with the efforts he has begun to make in attempting to recoup his reputation which has been sullied by his misconduct in the Navy. The applicant's efforts need to be more encompassing than those provided. The applicant should have produced more evidence of a verifiable employment history, documented community service other than contributions to religious ministries, certification of non-involvement with civil authorities and proof of his not using drugs in order for consideration for clemency based on post-service conduct. At this time the applicant has not provided sufficient documentation of good character and conduct. Therefore no relief will be granted. He is encouraged to continue with his pursuits and 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 a personal appearance hearing is highly recommended. The applicant is encouraged to continue his community service and apply for a personal appearance hearing prior to 23 May, 2009.

Pertinent Regulation/Law (at time of discharge)

 A . Navy Military Personnel Manual, (NAVPERS 15560C), Change 5/93, effective
05 Mar 93 until 21 Jul 94, 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 view DoD Directive 1332.28 and other Decisional Documents by going online at " afls14.jag.af.mil ".

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
                  720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023      


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