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NAVY | DRB | 2000_Navy | ND00-00139
Original file (ND00-00139.rtf) Auto-classification: Denied


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

ex-FA, USN
Docket No. ND00-00139

Applicant’s Request
The application for discharge review, received 991104, requested that the characterization of service on the discharge be changed to Honorable and the reason for the discharge be changed to end of obligated service. 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 000727. 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 and the reason for discharge shall not change. The discharge shall remain: GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-146, formerly Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. My discharge for misconduct (misconduct, alleged drug abuse) was unfair because it was only alleged, for no where is there any documents to support a posotive drug test.

2. My alleged drug abuse was brought to light by a Dr. M_ R_ of whom I was to have admitted drug use to over 1 year prior to my seperation if true why was the allegation not reported at time of alleged incident and why was I separated on his word alone, with no supporting documents of evidence?

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214 (2 copies)
Copy of last illegal drug screen prior to naval separation dated June 2, 1999 (2 copies)
Statement from applicant

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              840119 - 941124  HON
         Inactive: USNR (DEP)     961026 - 970121  COG

 Period of Service Under Review :
Date of Enlistment: 970122               Date of Discharge: 981209

 Length of Service (years, months, days):

         Active: 01 10 18
         Inactive: None

 Age at Entry: 29                          Years Contracted: 4

 Education Level: 12                        AFQT: 44

 Highest Rate: FA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF                           Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

Days of Unauthorized Absence: None

 Character, Narrative Reason, and Authority of Discharge (at time of issuance):

GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-146, formerly 3630620.

 Chronological Listing of Significant Service Events :

970625:  Report of Medical Evaluation Board: Axis I: Diagnostic Assessment: Schizophrenia, Paranoid type, Amphetamine abuse (History of), Rule out malingering, Axis II: Antisocial personality traits, rule out antisocial personality disorder, Axis III: Frontal lobe epilepsy, Vascular headaches, Pleural thickening, Hydrocephalus, congenital, Axis V: Behavior considerably influenced by dysperceptions, per the patient's self-report, Some mild symptoms or difficulty in functioning.

         The medical report documents the applicant’s admitted drug use. The applicant went to Captain’s Mast for selling a firearm to a psychiatric patient who was hospitalized for suicidal ideation. No documentation of the Mast.

981118:  Commander, Naval Medical Center, San Diego requested verification of applicant’s prior service in the Marine Corps.

981201:  Applicant notified of intended recommendation for discharge under Other Than Honorable conditions by reason of Defective enlistments and inductions - Fraudulent entry into the naval service, misconduct due to Commission of a serious offense, misconduct due to Drug abuse.
981201:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ, Article 27B, elected to waive all rights.

981201:  Commanding officer directed discharge General (under 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 981209 General (under 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 determined this issue is without merit. The applicant claims his discharge was unfair because it was alleged, and there was no documentation to support a positive drug test. The applicant had a psychiatric evaluation at Naval Medical Center, San Diego, on 25 June 1997, where it is documented that he admitted to using illegal drugs. Additionally, he went to mast for selling a firearm to a psychiatric patient, who was hospitalized for suicidal ideation. Admittance of illegal drug use is sufficient evidence to process an individual for administrative separation. A positive drug test is not required. Relief denied.

In the applicant’s issue 2, the Board determined this issue is without merit. The applicant states the allegation of drug use was not reported at the time he made the confession and he was separated on the word of the medical doctor, without supporting evidence. The judgement of commanders, commanding officers and officers in charge is paramount in enforcing Navy alcohol and other drug abuse policy and ensuring proper disposition of individual cases. Commanding officers must be particularly alert to those individuals who might attempt to manipulate the system by falsely admitting to or intentionally committing acts of alcohol/drug abuse in order to avoid specific duties or deployments. It was the Commanding Officer’s opinion that the applicant’s admittance to using illegal drugs, during his psychiatric evaluation, was sufficient to warrant separation from military service. Relief denied.

 Pertinent Regulation/Law (at time of discharge)

 A . The Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective 12 Dec 97 to 19 May 99, Article 1910-146 (formerly 3630620), Separation by Reason of Misconduct - 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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