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NAVY | DRB | 1999_Navy | ND99-01011
Original file (ND99-01011.rtf) Auto-classification: Denied


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

ex-AOAR, USNR-R(TAR)
Docket No. ND99-01011

Applicant’s Request
The application for discharge review, received 990721, requested that the characterization of service on the discharge be changed to general/under honorable conditions. The applicant requested a personal appearance hearing before a traveling panel closest to (left blank). The applicant did not list any representative on the DD Form 293. In the acknowledgement letter to the applicant, the applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 001121. 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 – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. I (applicant) ex-Navy-E-3, respectfully request an upgrade on my DD Form 214 from other than honorable to General under honorable condition please. I served 3 years in the UNITED STATES NAVY and was a proud solider, and I still am. I just got involved with the wrong company and cause me an early discharge other than honorable. All through my three years of active duty I made my rank on time I was 6 months from being a 3 class petty officer when I was discharge other than honorable, all though BASIC training I was no trouble to my superiors or shipmates, I was never in trouble until 3 years into my military career when I got involved with the wrong company I really am regretting it now but I am glad I had the opportunity to serve my country for 3 years. The United States Navy really made a man out of me. I didn't have a bad criminal record before I entered the military and since I been discharge, I still doesn't have a criminal record. I gotten married and looking to buy a home for my family. I need my DD For 214 for the mortgage company. I would really respectfully request an upgrade for other than honorable, to General under Honorable Conditions. Please E-3 (applicant)

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214 (2 copies)
Statement from applicant dated August 13, 1999
Character reference dated August 16, 1999

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     830919 - 831128  COG

 Period of Service Under Review :
Date of Enlistment: 831129               Date of Discharge: 861126

 Length of Service (years, months, days):

         Active: 02 11 28
         Inactive: None

 Age at Entry: 28                          Years Contracted: 4

 Education Level: 12                        AFQT: 34

 Highest Rate: AOAN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.25 (4)    Behavior: 2.65 (4)                OTA: 3.27

 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 :

831130:  Applicant briefed on Navy's policy on drug and alcohol abuse.

840703:  NJP for violation of UCMJ, Article 92: Failure to obey a lawful order on 22Jun84, violation of UCMJ Article 134: Wrongfully and unlawfully procure G_ P_ to engage in acts of prostitution on 22Jun84.
         Award: Forfeiture of $100 per month for 2 months. No indication of appeal in the record.
840703:  Retention Warning: Advised of deficiency (Misconduct due to disobeying of a lawful order.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

841226:  NJP for violation of UCMJ, Article 92:Failed to obey a lawful order, to wit: to go to the Unaccompanied Enlisted Personnel Housing, and return as soon as possible on 0001-0235, 26Sep84.
         Award: Reduction to AOAA. Reduction suspended for 6 months. No indication of appeal in the record.
850903:  NJP for violation of UCMJ, Article 92: Derelict in his duties by sleeping in working status on 0730, 30Jul85.
         Award: Forfeiture of $348 per month for 1 month, restriction for 30 days, reduction to AOAA. No indication of appeal in the record.
850903:  Substance Abuse Report: Alcohol abuse, less than monthly 30Jul85, ashore off duty. CAAC found applicant dependent and recommended Level III. Command/supervisor observation in Jul85. Commanding officer recommended retention and drug residential treatment. Comments: SNM found asleep during working hours. Fitness for duty exam revealed a BAC of .10. CO NJP 3Sep85 violation Article 92 UCM. Reduction to E-2, forfeiture one-half month bp for one month. Restricted to Base 30 days. Attending Level II CAAC program until Level III NDRC quota avail. Request assignment to NDRC priority II.

851114:  Medical evaluation for alcohol/drug abuse found the applicant to be a alcohol abuser, possible dependence. 860220:       Applicant completed drug and alcohol abuse rehabilitation program.

860806:  NAVDRUGLAB, Oakland, CA reports applicant's urine sample received 860728 tested positive for cocaine.
860811:  NAVDRUGLAB, Oakland, CA reports applicant's urine sample received 860731 tested positive for cocaine.
860828:  NJP for violation of UCMJ, Article 86 (2 specs): (1) Absent from appointed place of duty on 0645-0830, 28Jul86, (2) Absent from appointed place of duty 0645-0840, 1Aug86, violation of UCMJ Article 112A: Knowingly and wrongfully use a scheduled I controlled substance, to wit: cocaine: random command urinalysis screening conducted on 31Jul86.
         Award: Correctional custody for 30 days. No indication of appeal in the record.
860910:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
860910:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
860915:  NAVDRUGLAB, Oakland, CA reports applicant's urine sample received 860903 tested positive for cocaine/THC.
861002:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. Commanding officer’s comments (verbatim): AOAN (applicant) has clearly established a pattern of misconduct, most recently as a drug abuser. This pattern has continued despite the best efforts of the Navy including advisement of requirements, personal counseling and rehabilitation treatment. His misconduct and willful defiance of Navy policy in regard to drug use poses a significant threat to the safety, morale, good order and discipline of the squadron. In addition, is pattern of general misconduct demonstrates his lack of potential for further military service. This command cannot afford to retain drug offenders who demonstrate total disregard for Navy standards of discipline and professionalism. It is recommended that his discharge be characterized as other than honorable.

861106:  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 861126 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).

 The applicant’s issue states: “I (applicant) ex-Navy-E-3, respectfully request an upgrade on my DD Form 214 from other than honorable to General under honorable condition please. I served 3 years in the UNITED STATES NAVY and was a proud solider, and I still am. I just got involved with the wrong company and cause me an early discharge other than honorable. All through my three years of active duty I made my rank on time I was 6 months from being a 3 class petty officer when I was discharge other than honorable, all though BASIC training I was no trouble to my superiors or shipmates, I was never in trouble until 3 years into my military career when I got involved with the wrong company I really am regretting it now but I am glad I had the opportunity to serve my country for 3 years. The United States Navy really made a man out of me. I didn't have a bad criminal record before I entered the military and since I been discharge, I still doesn't have a criminal record. I gotten married and looking to buy a home for my family. I need my DD For 214 for the mortgage company. I would really respectfully request an upgrade for other than honorable, to General under Honorable Conditions. Please E-3 (applicant).” The NDRB found the characterization of the applicant’s discharge accurately reflected service. While the applicant provided character references, he did not provide the Board documentation to warrant an upgrade. Absent are police reports, drug testing documentation, community volunteer activities, and educational pursuits. In the absence of such documentation the Board finds relief is not warranted.
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 15560), Change 10/85, effective
16 Dec 85 until 05 Oct 86, 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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