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NAVY | DRB | 2000_Navy | ND00-00271
Original file (ND00-00271.rtf) Auto-classification: Denied


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

ex-STG3, USN
Docket No. ND00-00271

Applicant’s Request
The application for discharge review, received 991221, requested that the characterization of service on the discharge be changed to general/under honorable conditions. The applicant requested a personal appearance before the board in the Washington National Capital Region. The applicant listed the American Legion as his representative on the DD Form 293.

Decision

A personal appearance hearing discharge review was conducted in Washington, D.C. on 000711. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety, but did find inequity in the characterization of the applicant’s service, at the time of discharge. However, the Board determined that relief is warranted in this case based on the a review of the member’s complete record, specifically including evidence of outstanding post-service conduct. The Board’s vote was three to two that the character of the discharge shall change. The discharge shall change to: GENERAL (UNDER HONORABLE CONDITIONS)/Misconduct – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues (verbatim)

 1. (Equity Issue) As the documentary evidence of record supports, this former member opines that his post-service conduct has been sufficiently creditable to warrant the Board’s clemency relief as authorized under provisions of SECNAVINST 5420.174C, enclosure (1), paragraph 9.3.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214 (2 copies)
Statement from applicant (2 copies)
Character reference dated November 20, 1999 (2 copies)
Character reference (2 copies)
Post-service conduct testimony from applicant
Criminal record check dated January 7, 2000
Copy of letter of commendation dated March 14, 1983
Copy of certificate dated October 21, 1983
Copy of certificates from service school for April 29, 1983, October 21, 1983, December 2, 1983 and June 29, 1983
Copy of certificate dated February 10, 1984
Copy of performance award
Certificate in appreciation for June and July 1992
Certificate of Achievement dated May 27, 1994
Certificate of Completion dated November 5, 1993
Certificate of Award dated January 15, 1993
Certificate of Completion dated September 25, 1992
Certificate of completion dated June 1991
Certificate of completion dated February 5, 1990
Certificate of completion dated January 1, 1987
Certificate of completion dated January 28, 1987
Certificate of completion dated November 14, 1986
Certificate of completion dated June 27, 1986
Certificate of completion dated May 9, 1986
Certificate of completion dated April 23, 1986
Certificate of completion dated April 18, 1986
Certificate of completion dated December 18, 1985
Certificate of completion dated December 13m 1875
Copy of pay stub for period ending January 1, 2000
Copy of W-2 form for 1999, 1998, 1997, 1996, 1995, 1994
Letter to applicant dated May 1, 1996
Job/character reference dated April 10, 1996
Letter to applicant dated January 15, 1996
Letter to applicant dated January 18, 1996
Letter to applicant dated February 9, 1996
Copy of progress note dated March 25, 1996
Copy of physical therapy dated March 22, 1996
Certificate for return to work or school dated February 1, 1996, January 12, 1996 (2), December 15, 1995, November 20, 1995, November 9, 1995
Copy of applicant's resume
Job search document (38 pages)
Membership card for Commanders Club, Disabled American Veterans
Letter and certificate from St. Labre Indian School dated December 31, 1999
Certificate of Honor

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     820429 - 830104  COG

 Period of Service Under Review :
Date of Enlistment: 830105               Date of Discharge: 850717

 Length of Service (years, months, days):

         Active: 02 06 13
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

 Education Level: 12                        AFQT: 86

 Highest Rate: STG2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.50 (2)    Behavior: 3.80 (3)                OTA: 3.78

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: None

 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 :

830106:  Applicant briefed on Navy's policy on drug and alcohol abuse.

 850530:  NJP for violation of UCMJ, Article 112A (4 specs): (1) Wrongful use of marijuana, (2) Wrongful possession of marijuana, (3) Wrongful use of Quaaludes, (4) Wrongful possession of Quaaludes.
         Award: Forfeiture of $469.35 per month for 2 months, restriction for 60 days, reduction to STG3. No indication of appeal in the record.
850531:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by receiving Commanding Officer's nonjudicial punishment on 30 May 1985 for use and possession of marijuana, and use and possession of "Lemmon 714" Quaalude.
850531:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
850604:  Medical evaluation for drug abuse found the applicant as non-drug/alcohol dependent.

850607:  Substance Abuse Report: Abuse and possession of marijuana and Quaaludes, April 1985, ashore off duty, law enforcement. Medical officer found applicant not dependent and recommended separate from service. Commanding officer recommended separate. Comments: 25 yr ___ found with possession of THC and Quaaludes in POV after auto accident. Probable cause sample tested positive for both drugs. Received Captains NJP and is being processed for administrative discharge. No prior disciplinary record. Medical officer evaluation indicated non-drug dependency. Disqualified from PRP program. No potential for future productive service.

850619:  Medical: Imp: Immature personality with inability to cope with situation. No evidence of psychotic or major depressive state. Plan: Member currently undergoing administrative discharge. This needs to be speeded up, as member's immaturity prevents him from being an asset to the ship....

850622:  Psychiatric evaluation: Imp: No psychiatric disorder in an individual with mixed personality traits. P: Return to full duty, fit for same. Recommend expeditious administrative separation. No psychiatric follow up indicated.

850623:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

850701:  Medical: A: Situational stress. P: Family services. Warned against going UA.

850706:  CNMPC directed the applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

860609:  NDRB documentary record review Docket Number ND86-01822 conducted. Determination: discharge proper and equitable; relief not warranted.

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 850717 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 character of discharge was proper at the time of member's discharge, but determined to be inequitable in light of this review.

 The applicant’s representative submitted the following as issue 1: (EQUITY ISSUE) As the documentary evidence of record supports, this former member opines that his post-service conduct has been sufficiently creditable to warrant the Board’s relief as authorized under provisions of SECNAVINST 5420.174C, enclosure (1), paragraph 9.3. The Board determined that relief is warranted in this case based on a review of the member’s complete record, specifically including evidence of outstanding post-service conduct. However, the Board determined that while the applicant’s post-service conduct warrants an upgrade to General (Under Honorable Conditions), the absence of more community service documentation and the severity of the applicant’s misconduct does not warrant an Honorable discharge.

Pertinent Regulation/Law (at time of discharge)

 A. Navy Military Personnel Manual, (NAVPERS 15560), Change 10/84, effective
17 Sep 84 until 15 Dec 85, 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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