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NAVY | DRB | 1999_Navy | ND99-01200
Original file (ND99-01200.rtf) Auto-classification: Denied


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

ex-AAA, USN
Docket No. ND99-01200

Applicant’s Request
The application for discharge review, received 990913, 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 as his representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000606. 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 have change my life through drug and alcohol rehabilitation. I have a good steady job working as a restaurant manager. I am an active participant in the church.

At the time of my discharge I was in denial that I had a problem. Unfortunately, it took time for me to realize that I indeed had a problem and to begin acting in a positive and responsible manner. My actions have been appropriate and very much needed. I regret my attitude and actions that caused me my navel career.

I was not afforded the opportunity to go through drug/alcohol rehabilitation in the navy. Perhaps my life's path would have been different and I could have conquered this problem earlier.

Thanking you in advance for your consideration of my request.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Letter confirming completion of Alcohol and Drug Recovery Program dated August 30, 1999
Character reference letter from St. Andrew's Presbyterian Church
Fifty-nine pages from applicant's service and medical records

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: None

 Period of Service Under Review :
Date of Enlistment: 820717               Date of Discharge: 851212

 Length of Service (years, months, days):

         Active: 03 04 02
         Inactive: 00 00 23

 Age at Entry: 26                          Years Contracted: 6

 Education Level: 16                        AFQT: 78

 Highest Rate: AO3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.73 (3)    Behavior: 3.27 (3)                OTA: 3.75

 Military Decorations: None

 Unit/Campaign/Service Awards: MUC

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 :

820812:  Applicant briefed on Navy's policy on drug and alcohol abuse.

850315:  Applicant placed on urinalysis aftercare testing program.

 850321:  NAVDRUGLAB, Jacksonville, FL reports applicant's urine sample, received 850226, tested positive for cocaine.
850424:  NJP for violation of UCMJ, Article 86 (2 specs): Unauthorized absence, violation of UCMJ Article 92 (2 specs): Disobeying a lawful order, violation of UCMJ Article 112A: Wrongful use of cocaine.
         Award: Forfeiture of $361 per month for 2 months, extra duty for 45 days, reduction to E-X. No indication of appeal in the record.
850430:  NAVDRUGLAB, Jacksonville, FL reports applicant's urine sample, received 850417, tested positive for cocaine.
851021:  Medical Officer found applicant not psychologically or physically dependent on drugs.
851118:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by your use of a controlled substance.
851118:          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.
851119:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use). Commanding officer’s comments (verbatim): AOAN (applicant) reported to VA-174 on 28 September 1984. On 26 February 1986, AOAN (applicant) participated in a random urinalysis test which resulted in a positive sample for cocaine. He was taken to Captain's Mast on 24 April 1985, and received a reduction in rate to E-3, forfeitures of one hal month's pay for two months, and extra duties for 45 days.
         AOAN (applicant) was placed on the six month Aftercare Program on 18 March 1985 after the positive confirmation for cocaine was received. While participating in this program, he failed to go to his aftercare on 18 March 1985, 22 March 1985, and 22 April 1985. He again screened positive for cocaine on 8 April 1985.
         Administrative processing was began at this time. AOAN (applicant) was placed in a Medical Hold status and was TAD from this area shortly after the discharge package was forwarded. AOAN (applicant) is no longer in a Medical Hold status, and he is now being reprocessed for an Administrative Separation.
         Due to AOAN (applicant's) total disregard for the Navy's policy on drug abuse and lack of effort to stop using cocaine, I strongly believe that he should be separated from the Naval service with an Other Than Honorable discharge.

851203:  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 851212 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 that he was not afforded the opportunity to participate in a drug rehabilitation program. The NDRB found the applicant was evaluated for drug dependency and found not dependent on drugs. Relief is not warranted.

 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 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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