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NAVY | DRB | 2000_Navy | ND00-00528
Original file (ND00-00528.rtf) Auto-classification: Denied


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

ex-PRAR, USN
Docket No. ND00-00528

Applicant’s Request
The application for discharge review, received 000320, requested that the characterization of service on the discharge be changed to honorable. 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 001005. 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.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1. I joined the Navy in 1983 just out of High School. I was young, Immature, did not know the problems alcohol & drugs can cause!
Subsequently I was in trouble for drinking too much. I learned my lesson.

I was released from my duties because I was experimenting with marijuana.
I smoked very little & found I dont care for it. I did not pass my urine test, & therefore released other than Honorably.

My disfunctional days are behind me now. I am a responsible, working taxpayer and would like to be considered Honorably or General under Honorable conditions.

I wish I knew then what I know now!

I really liked what I did in the service and my job records should slow I did a reasonable job.


 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Character reference dated June 1988

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     830924 - 831113  COG

 Period of Service Under Review :
Date of Enlistment: 831114               Date of Discharge: 850822

 Length of Service (years, months, days):

         Active: 01 09 09
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 33

 Highest Rate: PRAN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.40 (1)    Behavior: 3.20 (1)                OTA: 3.40

 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 :

831116:  Applicant briefed on Navy's policy on drugs and alcohol abuse.

 840820:  Counseling: Advised of deficiency (Alcohol abuse-first incident).

840822:  NJP for violation of UCMJ, Article 134 (2 specs): Drunk and disorderly. On 27Jul84 and 13Aug84.
         Award: Correctional custody for 30 days, reduction to PRAR. Reduction suspended for 6 months. No indication of appeal in the record.
850507:  NJP for violation of UCMJ, Article 92: Dereliction of duty on 29Apr85.
         Award: Extra duty for 30 days, reduction to PRAA. No indication of appeal in the record.
850509:  NAVDRUGLAB, Jacksonville, FL reports urine sample received 850426 tested positive for THC.
850524:  NJP for violation of UCMJ, Article 112A: Wrongful use of THC on 25Apr85.
         Award: Forfeiture of $310 per month for 2 months, restriction for 30 days, extra duty for 15 days, reduction to PRAR. No indication of appeal in the record.

850603:  CAAC evaluation found applicant psychologically dependent upon marijuana and alcohol. Recommend he be returned to duty, not amenable to CAAC counseling. Consideration of an administrative separation at this time.

850617:  Summary Court-Martial: Charge I: violation of the UCMJ, Article 86: Failure to go to appointed place of duty 4Jun85, to wit: Barracks 903, room 110, located on board Naval Air Station Cecil Field, Florida
Charge II: violation of the UCMJ, Article 134: Break restriction on 4Jun85. Applicant found guilty on both charges.
Award: Forfeiture of 2/3 pay per month for 1 month and 30 days confinement at hard labor.
850701:  Drug and Alcohol Abuse Report: Marijuana abuse Apr85, less than monthly, ashore off duty. Medical officer found applicant not dependent and recommended separate not via VA hospital. Search/seizure urinalysis Apr85. Commanding officer recommended separate. Comments: SNM second incident. Page 13 entry made of first incident. SNM has had two NJPs, the first for alcohol and the second for drug use. SNM shows no potential for further naval service and is presently being processed for administrative discharge.

850701:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by a positive urinalysis conducted on 26 April 1985.
850701:          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.
850716:  Drug and Alcohol Dependency Evaluation: Impression: Drugs: Has been drug abuser (marijuana), is not an experimenter, is not psychologically or physically dependent. Impression: Alcohol: Has been alcohol abuse, not a problem drinker, is an alcohol abuser, is not psychologically or physically dependent/addicted to alcohol.
850716:  Medical evaluation for drug abuse found the applicant to be a drug abuser, not drug dependent.

850729:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

850810:  CNMPC directed the applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

 850814:  Applicant declined drug treatment.

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 850822 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 response to the applicant’s issue, the Board found that the applicant's age, education level, and test scores qualified him for enlistment. While he may feel that his immaturity was a factor that contributed to his action, the record clearly reflects his willful disregard for the requirements of military discipline and demonstrated that he was unfit for further service. The record is devoid of evidence that the applicant was not responsible for his conduct or that he should not be held accountable for his actions.

There is no law or regulation that provides for the upgrade of an unfavorable discharge based solely on the passage of time or good conduct in the civilian life subsequent to leaving the Service. However, the Board is authorized to consider post-service factors in the recharacterization of a discharge (D). Those factors include, but are not limited to, the following: evidence of continuing educational pursuits (transcripts, diplomas, degrees, vocational-technical certificates), a verifiable employment record (Letter of Recommendation from boss), documentation of community service (letter from the activity/community group), certification of non-involvement with civil authorities (police records check) and proof of his not using drugs (detoxification certificate, AA meeting attendance or letter documenting participation in the program) in order for consideration for clemency based on post-service conduct. Unfortunately, the applicant has not provided any documentation of good character and conduct except for an employer letter of recommendation from June 1988. Therefore, no relief will be granted.

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 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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