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NAVY | DRB | 1999_Navy | ND99-01206
Original file (ND99-01206.rtf) Auto-classification: Denied


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

ex-OSSA, USN
Docket No. ND99-01206

Applicant’s Request
The application for discharge review, received 990909, 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 000522. 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. I believe the discharge was improper because I was signed up for a sea-going rate and women were not allowed on ships at the time. Had I known this going into this rate, I would not have signed up for it. However, at the time, I was very young and naive not to have checked on this prior to signing up, but I still feel the recruiter should have mentioned this difficulty.

2. I was attached temporarily to an aircraft facility where I finally felt that I fit into the Navy. When I asked to be transferred to this facility, I was turned down because the command said they couldn't afford to lose me at this time because they were short handed. I had just returned from being gone for a month, prior to this request. Again, the only thing I can say is I was young and unknowing in the ways of the world. I feel this was the turning point, and I could have been an asset to the navy.

3. Since that time, however, I have tried to make my life count for something and have recieved an associate degree in drafting and and have raised a daughter on my own. I feel I have become a useful member of society and would like to get this discharge upgraded and be able to move on with my life.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of Associate in Applied Science Degree dated May 9, 1994
Character reference

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     820312 - 820314  COG

 Period of Service Under Review :
Date of Enlistment: 820315               Date of Discharge: 840919

 Length of Service (years, months, days):

         Active: 02 06 05
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 50

 Highest Rate: OSSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.55 (4)    Behavior: 2.98 (4)                OTA: 3.45

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: 1

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 :

830121:  Retention Warning: Advised of deficiency (Wrongful use of marijuana as detected from the results of the urinalysis screening conducted as FACSFACJAX on 12 January 1983.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

830127:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 0730, 10Jan83 to 1000, 12Jan82.
Award: Forfeiture of $50 per month for 2 months, extra duty for 15 days. No indication of appeal in the record.
830314:  Substance Abuse Report: Marijuana abuse, less than monthly Jan83, ashore off duty. Fitness for duty urinalysis Jan83. Medical officer and CAAC determined applicant is not dependent and recommended Level I. Commanding officer recommended retention. Comments: Positive urinalysis for cannabinoids following command directed screening due to unauthorized absence and observed personality changes. History of NJP: violation UCMJ Article 86 Unauthorized absence from 0730, 10Jan83 to 1000, 12Jan83. Awarded: Forfeit $50.00 pay per month for 2 month. Extra duty for 15 days. SNM put on drug after care program consisting of NDSAP, urinalysis program, DAPA counseling.
830923:  Civil Conviction: Duvall County for violation of driving while intoxicated. On 7Sep83.
 Sentence: Fined $218.50, 6 months probation with Salvation Army, drivers license revoked for 6 months, Navy DWI school community service for 50 hours.
840802:  NJP for violation of UCMJ, Article 134: Wrongfully use marijuana.
         Award: Forfeiture of $334.35 per month for 2 months, restriction for 45 days, reduction to OSSA. Forfeiture and restriction suspended for 6 months. No indication of appeal in the record.
840802:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by finding of guilty of drug abuse at Article 15, Uniform Code of Military Justice (NJP) proceedings conducted on 2 August 1984 at the Fleet Area Control and Surveillance Facility Jacksonville, Florida. Additionally you tested positive for cannabinoids 12 January 1983 from a command directed screening for fitness for duty due to unauthorized absence. [Extracted from CO's message dated 22Aug84.]

840806:          Applicant advised of her rights and having consulted 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. [Extracted from CO's message dated 22Aug84.]
840807:  Medical evaluation for drug abuse found not to be physically dependent on drugs but psychologically dependent on drugs, also strongly suspect alcohol abuse/dependency. Recommend inpatient ARC/NDRC if retained.
840821:  Substance Abuse Report: was submitted dated 21Aug84 and indicated applicant is not drug dependent. [Extracted from CO's message dated 22Aug84.]
840822:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use). Commanding officer’s comments (verbatim): Upon assumption of command in June of 83, all hands were advised on several occasion that the command policy on drug use was zero tolerance, further for nearly two months all hands were encouraged to come forward for help if they were utilizing drugs. All this occurred prior to any urinalysis screening.
         This policy of advising all hands of our policies has been continual as well as demonstrated by several previous administrative discharges, OSSA (applicant) has continually failed to observe our Navy policy of zero tolerance of drug abuse, and has clearly shown that drug abuse is a fundamental part of her life style, as indicted by this being the second time for the use of drugs in this command. In spite of her professional performance there is no place in the Navy for OSSA (applicant) due to her attitude on drug use. My specific recommendation as to characterization of discharge: as warranted by her character of service.

840902:  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 840919 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 applicant’s issues 1 and 2, the Board found absolutely no relevance between these issues and the applicant’s use of illegal drugs. The Board found nothing in the records, nor did the applicant provide anything to indicate or to show that there exists an error of fact, law, procedure, or discretion associated with her discharge at the time of its issuance, and that her rights were prejudiced thereby. Furthermore, there has been no change in policy by the Navy, or higher authority, made expressly retroactive to the type of discharge received by the applicant. Relief denied.

In response to applicant’s issue 3, there is no law or regulation that provides for the upgrade of an unfavorable discharge based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the Service. The Board reviews the propriety (did the USN/USMC follow its own rules in processing the applicant for discharge) and equity (did the applicant receive a discharge characterization in keeping with the USN/USMC guidance or was the characterization typical of other service members being separated for the same reason) of each applicant's discharge. Finally, the Board is authorized to consider post-service factors in the recharacterization of a discharge (what has the applicant done since discharge to become a contributing member of his community and to society in general). Unfortunately, the applicant’s post-service accomplishments are not sufficient to warrant an upgrade in the characterization of the applicant’s discharge. Relief is therefore denied.

 Pertinent Regulation/Law (at time of discharge)

 A. Navy Military Personnel Manual, (NAVPERS 15560), Change 4/84, effective
25 Apr 84 until 16 Sep 84, 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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