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NAVY | DRB | 1999_Navy | ND99-01045
Original file (ND99-01045.rtf) Auto-classification: Denied


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

ex-ABHAN, USN
Docket No. ND99-01045

Applicant’s Request
The application for discharge review, received 990730, requested that the characterization of service on the discharge be changed to general/under honorable conditions. 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 000420. 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 (verbatim)

1. Please upgrade my discharge to a General Under Honorable Conditions.

When I joined the service, I was not ready. I was still immature and with very low self esteem. I always want to fit in with the crowd.
I feel my discharge is inadequate based on those years of my life. I was still a child and was very scared.

I now have trouble finding new employment and I feel my discharge has a big influence on that. I don't feel I deserve that based on what happened to me in the military.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Statement from applicant dated July 8, 1999
Statement from applicant's aunt dated July 21, 1999
Character reference from Pastor of Cathedral of the Immaculate Conception dated July 19, 1999
Job/character reference from 3 rd Shift Supervisor, Specialty Filaments, Inc.
Job/character reference from Production Coordinator, Specialty Filaments, Inc.
Copy of driving record
Two pages from applicant's service record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     840618 - 841023  COG

 Period of Service Under Review :
Date of Enlistment: 841024               Date of Discharge: 871109

 Length of Service (years, months, days):

         Active: 03 00 16
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 42

 Highest Rate: ABH3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.80 (3)    Behavior: 3.67 (3)                OTA: 3.67

 Military Decorations: None

 Unit/Campaign/Service Awards: NUC (2), SSDR, AFEM

 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 :

841029:  Applicant briefed on Navy's policy on drug and alcohol abuse.

 870410:  NJP for violation of UCMJ, Article 112A: Wrongfully use marijuana on 17Mar87.
         Award: Forfeiture of $369 per month for 2 months, restriction and extra duty for 45 days, reduction to ABHAN. Reduction suspended for 6 months. No indication of appeal in the record.
870410:  Retention Warning: Advised of deficiency (You are advised that your conduct reveals that you have committed one or more minor disciplinary actions in violation of the Uniform Code of Military Justice for which you have received punishment under Article 15, UCMJ; or that you have been convicted of misdemeanor charges by civil courts on one or more occasions; or that you have committed a combination of offenses which resulted in punishment under Article 15, UCMJ, or one or more civil convictions.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

871003:  Medical evaluation for drug abuse found the applicant to be a episodic poly substance (marijuana/ETOH) abuser.

871003:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
871005:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
871006:  Drug and Alcohol Abuse Report: Marijuana abuse, 1-3 times per week, Sep79 to Oct87, ashore on duty and afloat. Urinalysis 10Apr87. Medical officer determined applicant is not dependent and recommended separate not via VA hospital. DAPA recommended separate not via VA hospital. Commanding officer recommended separate. Comments: AN (applicant) received CO's NJP on 10 April 1987 for Art. 112a, wrongful use of marijuana. He was awarded 45 days restriction/extra duty and reduction in rate. SNM has been in the command's urinalysis screening program since 10 April 1987. He has screened positive for THC on the following dates: 5 May 87, 19 May 87, 16 Jun 87, 23 Jun 87, 30 Jun 87, 7 Jul 87, 21 Jul 87, 28 Jul 87, 4 Aug 87, 11 Aug 87 and 18 Aug 87. SNM is not motivated toward abstinence or treatment. He desires no counseling or rehabilitation. He should be allowed treatment through the V. A. after separation from the naval service. Based on his continued involvement with illegal drugs. AA (applicant) is considered to have no potential for further useful naval service and is most strongly recommended for administrative separation.
871008:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

871019:  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 871109 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 the applicant’s issue 1, the Board found that the applicant’s age, education level, and test scores qualified him for enlistment. While he may feel that his immaturity was a factor that contributed to his action, the record clearly reflects his willful disregard for the requirements of military discipline and demonstrated that he was unfit for further service. The record is devoid of evidence that the applicant was not responsible for his conduct or that he should not be held accountable for his actions. No relief will be granted on the basis of this issue.

The applicant is reminded that the Board is authorized to consider post-service factors in the recharacterization of a discharge (D). Those factors include, but are not limited to, the following: evidence of continuing educational pursuits (transcripts, diplomas, degrees, vocational-technical certificates), a verifiable employment record (Letter of Recommendation from boss), documentation of community service (letter from the activity/community group), certification of non-involvement with civil authorities (police records check) and proof of his not using drugs (detoxification certificate, AA meeting attendance or letter documenting participation in the program) in order for consideration for clemency based on post-service conduct. At this time, the applicant has not provided ample documentation of good character and conduct. Therefore no relief will be granted. The applicant 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.

 Pertinent Regulation/Law (at time of discharge)

 A. Navy Military Personnel Manual, (NAVPERS 15560A), effective 15 Jun 87 until
10 Jan 89, 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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