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NAVY | DRB | 2000_Navy | ND00-00247
Original file (ND00-00247.rtf) Auto-classification: Denied


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

ex-SR, USNR
Docket No. ND00-00247

Applicant’s Request
The application for discharge review, received 991209, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a personal appearance hearing discharge review. The applicant did not list any representative on the DD Form 293. In the acknowledgement letter to the applicant, the applicant 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 000803. 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 was informed that there was an All Navy baseball team. I felt that I could have made that team, for this reason, I talked to my recruiter. He confirmed that there was such a team, this was my sole reason for enlisting. As I soon found out, there was an All Navy Softball team not an All Navy baseball team. Therefore, my interest in the Navy diminished.

2. I no longer wanted to be in the US Navy. I then admitted myself into a Psychiatric ward stating I had a drug problem. I spent two weeks in the ward going through rehab. The psychiatrist I talked to clearly stated that I would be discharged from the Navy under honorable conditions. As I soon found out, that was not true.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Letter to applicant from Department of Veterans Affairs dated November 12, 1999

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     940225 - 940321  COG

 Period of Service Under Review :
Date of Enlistment: 940322               Date of Discharge: 950324

 Length of Service (years, months, days):

         Active: 01 00 03
         Inactive: None

 Age at Entry: 19                          Years Contracted: 8

 Education Level: 12                        AFQT: 35

 Highest Rate: SR

 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: 6

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 :

941108:  Maryview Psychiatric Hospital Discharge Summary: Final Diagnosis: Axis I: Dysthmic disorder, Marijuana abuse, possibly associated with his depressive, Symptomatology. Axis II: Rule out mixed character disorder....
941122:  Discharge Diagnosis: I: Cannabis dependence, Polysubstance abuse, II: Personality disorder not otherwise specified with borderline and narcissistic features....
941122:  Doctor's orders: Please change discharge recommendation about "Level III" to command should consider affording the patient rehabilitation for cannabis dependence. Through the veteran's administration if he is separated from the Navy. Change diagnosis of "alcohol abuse" to poly-substance abuse.
950117:  CDS-2: Assessment: As before, personality disorder with situational anxiety/depression.

950203:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 0615, 11Oct94 to 1057, 17Oct94 (6 days/surrendered), violation of UCMJ Article 92: Violate a lawful general regulation on 2Dec94, to wit: wrongfully drinking an alcoholic beverage while under the age of 21, violation of UCMJ Article 112a: Wrongfully use marijuana on 25Oct94.
         Award: Forfeiture of $427.20 per month for 2 month, extra duty for 45 days. Applicant did not appeal.
950208:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by your nonjudicial punishment on 3 February 1995.
950208:          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.
950215:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use). Commanding officer's comments (verbatim): SR (applicant) freely admitted that he had used drugs so that he could get out of the Navy quickly. He is fully aware of the Navy's policy on drug abuse and the consequences for violating the policy. Based upon admitted substance abuse SR (applicant) has absolutely no potential for future naval service. Recommend immediate separation under other than honorable conditions.

950301:  BUPERS 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 950324 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 states: “I was informed that there was an All Navy baseball team. I felt that I could have made that team, for this reason, I talked to my recruiter. He confirmed that there was such a team, this was my sole reason for enlisting. As I soon found out, there was an All Navy Softball team not an All Navy baseball team. Therefore, my interest in the Navy diminished.” The NDRD found the applicant’s reasons for enlisting and upon finding there was not an All Navy Baseball Team, no reason to justify his misconduct. There is no evidence in the record to suggest the applicant was made an “offer” to play on a Navy Baseball team in his enlistment contract. Relief denied.

The applicant’s second issue states: “I no longer wanted to be in the US Navy. I then admitted myself into a Psychiatric ward stating I had a drug problem. I spent two weeks in the ward going through rehab. The psychiatrist I talked to clearly stated that I would be discharged from the Navy under honorable conditions. As I soon found out, that was not true.” The NDRB found the applicant was discharged for misconduct based on his admitted drug use. Additionally, his NJP included a violation of UCMJ Article 92, Violation of a Lawful Order. The NDRB found the applicant was notified of intended recommendation of discharge of other than honorable conditions and waived his rights on 950208. Relief not warranted.

 Pertinent Regulation/Law (at time of discharge)

 A . Navy Military Personnel Manual, (NAVPERS 15560C), Change 9/94, effective
22 Jul 94 until 02 Oct 96, 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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