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NAVY | DRB | 1999_Navy | ND99-00979
Original file (ND99-00979.rtf) Auto-classification: Denied


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

ex-HN, USN
Docket No. ND99-00979

Applicant’s Request
The application for discharge review, received 990715, 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 000411. 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

 1. Based on a review of my service record, I believe there is evidence of high dedication to duty. Although I realize that this dedication was severely marred by intolerable substance abuse problems. I am not disputing that at that particular time that the type of discharge was appropriate. Through the help of the VAMC drug and alcohol treatment program and vigorously recovery program my substance abuse is continued to be addressed. Now at this time almost six years since my discharge I am respectfully requesting that my discharge be now upgraded to a full honorable discharge.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
VAMC Alcohol and Drug Treatment Program Completion Letter
Letter to Naval Council of Personnel Boards
Copy of DD Form 214
Letter from Commander, Seal Team Five
Letter of Recommendation from Transit Systems Security dated 23 Sept 1999
Letter of Recommendation from San Diego Trolley, INC.


PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        781114 - 821027  HON
                  USN                       821028 - 860918  HON
                  USN                       860919 - 900409  HON
         Inactive: USNR (DEP)     780222 -781113   COG

 Period of Service Under Review :
Date of Enlistment: 900410               Date of Discharge: 931007

 Length of Service (years, months, days):

         Active: 03 08 28
         Inactive: None

 Age at Entry: 18                          Years Contracted: 5

Education Level: 12                        AFQT: 73

 Highest Rate: HMC

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.25 (4)    Behavior: 3.25 (4)                OTA: 3.75

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDRw3b*, NAM, NEM, HSM, EPSM, GCA(3 RD ), NDSM, SASM

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 :

900410:  Reenlisted at NSWC by PSD CORONADO for 5 years.

930301:  NAVDRUGLAB SAN DIEGO, CA report indicates applicant tested positive for amphetamine/methamphetamine.

930311:  NAVDRUGLAB SAN DIEGO, CA report indicates applicant tested positive for amphetamine/methamphetamine.

930316:  Medical evaluation for drug abuse found no evidence of ETOH or illicit drug use, abuse or dependency except positive drug screen.

930325:  DAAR indicates amphetamines abuse, as a result of a unit sweep urinalysis, found not dependent by medical officer, recommended for separation from service not via VA Hospital.

930414:  NAVDRUGLAB SAN DIEGO, CA report indicates applicant tested positive for amphetamine/methamphetamine.

930518:  NJP for violation of UCMJ, Article 112a: Wrongfully use amphetamines/methamphetamine.
         Award: None. No indication of appeal in the record.
930527:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by positive urinalysis..
930603:          Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
930719:  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.

930804:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use)

930902:  BUPERS 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 931007 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).

 When a sailor’s service has been honest and faithful, it is appropriate to characterize that service under honorable conditions. The applicant’s service was marred by the applicant’s positive urinalysis on two separate occasions. The applicant’s misconduct severely tarnished his professional image and service, especially considering the applicant’s position of trust as a Navy Chief. An upgrade would be inappropriate. Relief is therefore 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. 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 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 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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