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NAVY | DRB | 2000_Navy | ND00-00235
Original file (ND00-00235.rtf) Auto-classification: Denied


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

ex-QMSR, USN
Docket No. ND00-00235

Applicant’s Request
The application for discharge review, received 991207, requested that the characterization of service on the discharge be changed to Honorable. The applicant requested a personal appearance hearing discharge review. The applicant listed DISABLED AMERICAN VETERANS as his representative on the DD Form 293.

Decision

A personal appearance hearing discharge review was conducted in Washington, D.C. on 000726. 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.

The NDRB did note an administrative error on the original DD Form 214. Block 24, Character of Service should read: “UNDER OTHER THAN HONORBLE CONDITIONS” vice “OTHER THAN HONORABLE”. The original DD Form 214 should be corrected or reissued as appropriate.







PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 None
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Letter from applicant (6pgs)
Letter to Member of Congress (2pgs)
Medical Board Information (11pgs)
Character Reference Letters (8)
Letter from applicant (4)
Letter from Department of Veterans Affair
Copy of Performance Memorandum for the Record
Copy of Enlisted Performance Evaluation Report (6pgs)
Copy of Request for Release from Restriction
Copy of Page 2 of DAAR
Copy of Letter from Dept of Navy Bureau of Medicine and Surgery Military Medical Support Office
Copy of NAVSUBMEDCEN Medical Appointment Card
Copy of Police Arrest Response
Copy of Patient Discharge Summary and Instruction
Copy of Self-Help Guide to Discharge Upgrading (5pgs)
Copy of Letter from Attorney at Law (2)
Copy of DIS Report (4pgs)
Copy of Letter from Defense Security Service to Congress
Copy of Response from Congress
Copy of Report of Medical History (2pgs)
Copy of High School Diploma
Copy of Social Security Card
Service Related Documents (6pgs)
Letter from Department of Veterans Affairs (4pgs)
Response Letter from Department of Veterans Affairs
Letter from Florida Department of Labor and Employment Security Division of Unemployment Compensation
Copy of Receipt for Social Security Claim
Disability Insurance Benefits Report
Copy of Notice of Award for Supplemental Security Income (5pgs)
Copy of Medical Insurance Enrollment and Premium Deduction
Copy of NJP Court Memorandum
Copy of LES Worksheet for Separation (3pgs)
Letter from applicant
Copy of DD Form 214
Letter from applicant
Applicant letter to NARA's Northeast Region
Copy of Response Letter for request of Log Book Information
Copy of Letter of Apology
Copy of Medical Board Information (2pgs)
Letter from National Archives and Record Administration
Copies of Medical Information from Radiology Associates (7pgs)
Copies of Service Related Documents (43pgs)
Copies from Medical Record (101pgs)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     881214 - 881226  COG

 Period of Service Under Review :
Date of Enlistment: 881227               Date of Discharge: 900806

 Length of Service (years, months, days):

         Active: 01 07 10
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 55

 Highest Rate: QMSR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 1.50 (2)    Behavior: 1.00 (2)                OTA: 1.62

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: 7

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 :

890921:  Retention Warning: Advised of deficiency (Unauthorized absence, late for duty, unsatisfactory work performance, and slow qualification process), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

891012:  NJP for violation of UCMJ, Article 86: UA from 891003-891010 (7days/S).
         Award: Forfeiture of $349.50 pay per month for 2 months, restriction and extra duty for 45 days. No indication of appeal in the record.
900119:  Retention Warning: Advised of deficiency (financial indebtedness and irresponsibility due to dishonored checks), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

900416:  Medical Record: Orthopedic Medical Board diagnosed with (1) Anterior cruciate ligament deficient left knee and (2) Status post anterior cruciate ligament reconstruction, and recommended six months limited duty (no physical fitness training, no running, and no prolonged walking or standing) with reasonable expectation of return to full duty service.

900611:  DAAR indicates applicant was determined to be a drug abuser (marijuana) based on a random urinalysis CAAC evaluation found applicant not dependent, medical officer evaluation found applicant not dependent. Recommendation: Separation from service not via VA Hospital.

900627:  NJP for violation of UCMJ, Article 112a: Wrongful use of a controlled substance, violation of UCMJ Article 86: Unauthorized absence.
Award: Forfeiture of $362.10 per month for 2 months, restriction for 60 days. No indication of appeal in the record.
900703:  Medical Record: Diagnosed as not drug or alcohol dependent due to THC involvement, not recommended for further military service.

900706:  Applicant notified of intended recommendation for discharge under Other Than Honorable conditions by reason of misconduct due to Drug abuse (Use).
900706:          Applicant advised of his rights and having elected 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.
900706:  Commanding officer recommended discharge under Other Than Honorable conditions by reason of misconduct due to Drug abuse (Use).

900724:  CNMPC directed the applicant's discharge under Other Than Honorable conditions by reason of misconduct due to Drug abuse (Use).
 941130:  NDRB documentary record review Docket Number ND94-00149 conducted. Determination: discharge proper and equitable; relief not warranted.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 900806 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 issues 1 and 2, the Board determined these issues are without merit. The applicant requested his discharge be upgraded to Honorable or General (under Honorable conditions) but provided no basis for the upgrade. The Board did review the applicant’s entire service record and all accompanying documentation for propriety and equity and determined his discharge does not warrant an upgrade. The applicant’s discharge for use of illegal drugs was properly executed and equitable and failed to provide sufficient documentation to support an upgrade based on post-service conduct. Relief denied.

 Pertinent Regulation/Law (at time of discharge)

 A. Navy Military Personnel Manual, (NAVPERS 15560A), Change 11, effective
14 Jun 90 until 14 Aug 91, 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 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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