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NAVY | DRB | 2000_Navy | ND00-00170
Original file (ND00-00170.rtf) Auto-classification: Denied


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

ex-ADAN, USN
Docket No. ND00-00170

Applicant’s Request
The application for discharge review, received 991116, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a personal appearance hearing before a Traveling Panel closest to Chicago, IL. The applicant did not designate representative on the DD Form 293. In the acknowledgement letter to the applicant, he 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 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 shall not change. The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues
1. I believe my discharge was improper because all evidence used to discharge me was based on unsubstantiated allegations of drug use. When I was before my Commanding Officer at my NJP hearing I was told to prove my innocence. I thought that my impeccable service record and devotion to duty might somehow convince my C.O. of my innocence, but obviously his mind was made up and judgement was handed down.
In my own defense I honestly say these accusations were untrue. There was never evidence presented to the contrary. I have reviewed my service record and there is no indication of a positive result on a drug test. My only theory of the punishment handed to me resulted from malicious unfounded allegations of drug use from my peers. Why? I can't answers for certain. Maybe because I was not liked by my accusers or accuser. Maybe destroying my good name was a benefit to my accusers. This discharge occurred when ten percent of my command was processed out of the navy for drug use, so maybe they were high and did not know what they were saying. The only thing I know for sure is that I was a victim of a witch-hunt.
I, at the time of the discharge had a drinking problem as a result of personal problems. These problems have been taken care of sense then. Presently I would like my discharge to reflect the way I feel I served, proudly and with honor.

2. On the Drug and Alcohol abuse Report OPNAV 5350-2 substance of abuse states LSD was indicated in a urinalysis. I have talked to a person who administer urinalyses and am told this is not possible. How can this be?

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
DARR dtd Apr 24, 97
Service Record pages (9)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     911127 - 921021  COG

 Period of Service Under Review :
Date of Enlistment: 921022               Date of Discharge: 970624

 Length of Service (years, months, days):

         Active: 04 08 03
         Inactive: None

 Age at Entry: 21                          Years Contracted: 4 (7 months extension)

 Education Level: 14                        AFQT: 73

 Highest Rate: AD3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.95 (4)    Behavior: 3.95 (4)                OTA: 3.95 (4.0 evals)
                  3.3 (3)                  2.3 (3)                           2.81 (5.0 evals)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SSDR(2), SWASM, NUC, GCM, AFSM(2), MUC, NM

 Days of Unauthorized Absence: None

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630620.

 Chronological Listing of Significant Service Events :

961022:  Extended enlistment for seven (7) months.

 970402:  NJP for violation of UCMJ, Article 112: drunk on duty, violation of UCMJ Article 112a: use of a controlled substance, marijuana and LSD, violation of UCMJ Article 128: assault upon a sentinel.
         Award: Reduction to E-3. No indication of appeal in the record. [EXTRACTED FROM APPLICANT'S EVALUATION REPORT FOR PERIOD 96DEC16 TO 97APR01.]
970421:  NAVDRUGLAB, report: Date of incident Mar/Apr 97, positive for hallucinogens (LSD) as result of unit sweep urinalysis, determination made by physician, not dependent, not eligible for rehabilitation, recommend NJP, separate from service.

970428:  Evaluation for drug/alcohol dependency, Med Officer, Branch Medical Clinic, Cecil Field: Pt is physically and psychologically dependent on alcohol. Pt not in need of detoxification - abstinent for two weeks. Recommend Level III inpatient Rehabilitative Treatment.
970520:  Held beyond normal date of expiration of enlistment, with applicant's consent, in order to receive Alcohol and/or Drug treatment at NAS Jacksonville, FL due to misconduct.
970520:  Applicant accepted treatment prior to discharge.

 970520:  Admitted to Alcohol Rehabilitation Clinic, Jacksonville, FL for Level III treatment.
         Diagnosis: AXIS I: Alcohol Dependence with physiological dependency, Nicotine Dependence, Drug abuse; AXIS II: None; AXIS III: Macrocytosis.

970603:  Completed treatment at ARC.
970624:  Applicant discharge Under Other Than Honorable Conditions by reason of misconduct - drug abuse.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 970624 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 first issue addresses the propriety of the discharge and the NJP where he was found guilty of violations of UCMJ Articles 112, 112a, and 128. There is positive evidence of the applicant’s misconduct in the 970421 NAVDRUGLAB report of applicant test positive for LSD. Relief is not warranted.

The applicant’s second issue is non decisional. Relief not warranted.


 Pertinent Regulation/Law (at time of discharge)

 A . Navy Military Personnel Manual, (NAVPERS 15560C), Change 14, effective
03 Oct 96 until 11 Dec 97, Article 3630620 SEPARATION OF ENLISTED PERSONNEL 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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