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NAVY | DRB | 2000_Navy | ND00-00681
Original file (ND00-00681.rtf) Auto-classification: Denied


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

ex-ETSA, USN
Docket No. ND00-00681

Applicant’s Request
The application for discharge review, received 000508, requested that the characterization of service on the discharge be changed to general/under honorable conditions. 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 001102. 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

 1. WILL TRY TO EXPLAIN THE MAJORITY OF THE EVENTS AS BEST AS I CAN RECALL BECAUSE I DO NOT REMEMBER, THE PERSONS INVOLVE IN THE EVENTS THAT OCCURRED. THIS IS MY ATTEMPT TO CLARIFY THE EVENTS AND TO AID IN MY DISCHAGRE UPGRADE TO GENERAL UNDER HONORALBE CONDITIONS.

ISSUE ONE- 14 JUL 1986: "THE COKE MACHINE INCIDENT".

THE EVENTS THAT LED TO MY REDUCTION IN RANK WAS AS FOLLOWS: THE EVENT WAS THAT I HAD MY ORDERS TO SHIP OUT TO THE U.S.S. ARCADIA AFTER COMPLETING ADVANCE ET "A" SCHOOL. I WAS ABOUT TO LEAVE TO San Diego, CA WHEN I STOP TO HAVE A COKE BECAUSE IT WAS HOT THAT DAY. I PUT MY MONEY INTO THE MACHINE & IT DID GIVE NEITHER MY SODA NOR MY CHANGE BACK.
 THIS WAS THE MOST PIVOTAL POINT THAT WAS THEN MY NAVAL CAREER . THREE OPTIONS CAME AFTER I TIP THE MACHINE OVER (AT THE TIME I WEIGH 160), I WAS THE SENIOR NCO IN CHARGE OF THE EVENT AND I FOUND HELP BECAUSE AT THE TIME NO ONE WAS AROUND WHEN IT HAPPENED.

OPTION A:
LEAVE THE MACHINE ON THE FLOOR & WENT TO THE U.S. S. ARCADIA.
I STILL WOULD HAVE BEEN ET3 AND PROBABLY A CHIEF PETTY OFFICER BY NOW STILL IN THE NAVY BECAUSE NO ONE DID KNOW WHAT HAPPENED AND AT THE TIME NO ONE WAS THERE.

OPTION B:
I FOUND HELP (INDIVIDUALS I RECOGNIZED AS FRIENDS) AND THEY WERE WILLING TO HELP, ME LIFT THE MACHINE TO THE VERTICAL POSITION.
IF THE MACHINE WENT BACK TO ITS ORIGINAL POSITION, I STILL WOULD HAVE BEEN ET3 AND OPTION A WOULD APPLIED BUT I WOULD THEN ORDER THEM TO "FORGET" THE INCIDENT.

OPTION C:
THIS IS THE ONE I CHOSEN, I HAD HELP; BUT THE MACHINE DID NOT GO TO IT IS ORIGINAL POSITION. ONE OF THE INDIVIDUALS WAS CUT ON THE MACHINE. THEN, I ORDER HIM TO MEDICAL AND THE REST WANT TO STAY TO HELP MY CAUSE; BUT I ORDER THEM TO DISPERSE. SO I STAYED AND TOOK THE FULL RESPONSIBILITY FOR MY ACTIONS AS I WAS TRAINED TO DO BY NAVY AND UCMJ. BACK THEN I WAS STILL GUN-HO AT THE TIME AND HAD ONE MISTAKE (19 JUN 1986 EVENT) ON MY RECORD.

NOTE: THIS IS DOCUMENT TWO OF MY PROPOSAL

ISSUE TWO- 15 OCT 1986:
THAT WAS THAT I WAS TWO DAYS UA BECAUSE I WAS DRUNK Before JOINING THE U.S.S. TRIPOLI (MY FINAL DUTY STATION), I WAS EXCITED THAT I WAS LEAVING Great Lakes, IL. THE OIC AS SAW THAT AS WELL AND JUST DOCK ME ONE-MONTH'S PAY & SEND ME ON MY WAY TO San Diego, CA.

ISSUE THREE- 11 FEB 1988 :
 THAT DAY WAS THAT EITHER I FORGOT TO SIGN MY FIRE WATCH DUTY ROSTER OR THAT I MUSTER LATE FOR FIRE WATCH.
ISSUE FOUR- 25 NOV 1988 :
 THE EVENT THAT EVENTUAL ENDED MY CAREER WITH THE NAVY WAS MY COCAINE USE (OR ABUSE). THE DAY I'VE GOT HOOKED ON COCAINE WAS IN FACT EXACTLY ONE MONTH PRIOR ON THE DAY OF NJP. AT THE TIME WAS AT ALL TIME LOW. NO WAY TO ADVANCE BACK TO P03 AND I WAS GETTING DRUNK BUT NOT FEELING THE HIGH WHEN YOU USED TO GET WHEN YOU ARE DRUNK. THEREFORE, I STARTED COCAINE AS ALTERNATIVE FOR THE SAME HIGH AS YOU GET DRUNK

IN CONCLUSION, THERE WAS MORE EVENTS IN MY RECORD BUT THESE SEEM TO STAND OUT. THIS DOES NOT EXCUSE ME FOR WHAT I DID IN THE PAST; BUT IT COST ME JUST THE SAME. I HAVE PAID THAT PRICE Repeatedly UNTIL I AM HAPPY ONCE AGAIN.

MY FUTURE IS BRIGHT, MY CAREER IS GOOD, AND I AM FAMILY MAN.
SOMETIMES, IT TAKES A PERSON TO FALL IN ONE POINT OR ANOTHER ONE'S LIFE; BUT IT TAKES A MAN TO ADMIT HIS MISTAKES, LEARN FROM THEM, MOVE ON AND SUCCEED IN LIFE.

I HOPE THAT THIS HELPS MY CASE AND HOPE YOU GENTLEMEN CAN SEE TO ACT IN FAIR & JUST MANNER.

NOTE:    THIS IS DOCUMENT THREE OF MY PROPOSAL. ALSO, MY DISCHARGE WAS BASED ON ONE INCIDENT OF COCAINE USE DURING THE TIME I WAS IN THE NAVY THE MAJORITY OF EVENTS WERE THAT I WAS DRINKING WHICH IS LEGAL AND NEVER USED UNTIL THAT LAST ISSUE. ALL DRUG TESTS USED BY THE NAVY CAN PROVE THAT.



Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Copy of the cover page of Practice CET Test for Associate Level (General Electronics Subject), Industrial Electronics Options, Video Option, Communications Option, and Audio Option
Copy of wife's social security card and driver's license and the five children's social security card
Copy of applicant's Florida Marriage Record
Statement from applicant
Statement from applicant's wife
Copy of applicant's resume
Forty-six pages from applicant's service record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     840217 - 840621  COG

 Period of Service Under Review :
Date of Enlistment: 840622               Date of Discharge: 881230

 Length of Service (years, months, days):

         Active: 04 06 09
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4 (24 months extension)

 Education Level: 12                        AFQT: 72

 Highest Rate: ET3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.32 (5)    Behavior: 3.28 (5)                OTA: 3.16

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR

Days of Unauthorized Absence: 17

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 :

860619:  NJP for violation of UCMJ, Article 91: Failed to obey a lawful order, violation of UCMJ Article 92 (2 specs): (1) Failed to obey a lawful written order on 16May86, (2) Failed to obey a lawful written order on 12Jun86, violation of UCMJ Article 86: Failed to go to appointed place of duty on 0645, 2May86.
         Award: Forfeiture of $100 per month for 1 month, restriction and extra duty for 7 days, reduction to ETSN. Reduction suspended for 6 months. No indication of appeal in the record.
860619:  Retention Warning: Advised of deficiency (Your failure to abide by the rules and regulations of the U.S. Navy, and Uniform Code of Military Justice as evidence by your NJP on 19 June 86.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

860714:  Vacate reduction to ETSN awarded at CO's NJP dated 16Jun86 due to continued misconduct.
861015:  NJP for violation of UCMJ, Article 86: Left his duty section with intent to abandon on 29Aug86, violation of UCMJ Article 92 (2 specs): (1) Failed to obey a lawful order on 29Aug86, (2) Failed to obey a lawful general regulation on 29Aug86.
         Award: Forfeiture of $183 per month for 1 month. No indication of appeal in the record.
870808:  Applicant to unauthorized absence 0700, 8Aug87.

870809:  Applicant from unauthorized absence 2130, 9Aug87 (1 day/surrendered).

 880211:  NJP for violation of UCMJ, Article 86: Failure to go to appointed place of duty, to wit: fire party training on 20Jan88.
         Award: Restriction and extra duty for 7 days. No indication of appeal in the record.
881022:  Applicant to unauthorized absence 0700, 22Oct88.

 881102:  Applicant from unauthorized absence 0220, 2Nov88 (10 days/surrendered).

881109:  Applicant to unauthorized absence 0700, 9Nov88.

881115:  Applicant from unauthorized absence 0700, 15Nov88 (6 days/surrendered).

881125:  NJP for violation of UCMJ, Article 86 (2 specs): Failure to go to appointed place of duty.
         Award: Forfeiture of $376 per month for 2 months, restriction and extra duty for 45 days, reduction to ETSA. No indication of appeal in the record.
881206:  Medical evaluation for alcohol and drug abuse found the applicant to be alcohol dependent and not drug dependent. Recommend separate from service via VA hospital.
881208:  Drug and Alcohol Abuse Report: Cocaine abuse, 15Nov88 random urinalysis, 4 to 7 times per week, ashore off duty. DAPA and physician found applicant dependent and recommended separate via VA hospital. Commanding officer recommended separate via VA hospital.
881207:          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.
881208:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense and misconduct due to drug abuse as evidenced by your Officer-in-Charge's nonjudicial punishment of 19 June 1986 for violation of the Uniform Code of Military Justice, Article 86 - failure to go to appointed place of duty, violation of the Uniform Code of Military Justice, Article 91 - failed to obey a lawful order, and violation of the Uniform Code of Military Justice, Article 92 - failed to obey a lawful written order; your Officer-in-Charge's nonjudicial punishment of 15 October 1986 for violation of the Uniform Code of Military Justice, Article 86 - without authority, left your duty section with intent to abandon, and violation of the Military Justice, Article 92 (2 specifications) - failed to obey a lawful general regulations; your Commanding Officer's nonjudicial punishment of 11 February 1988 for violation of the Uniform Code of Military Justice, Article 86 - failure to go to your appointed place of duty; and your Commanding Officer's nonjudicial punishment of 25 November 1988 for violation of the Uniform Code of Military Justice, Article 86 (2 specifications) - unauthorized absence from Article 112A - wrongful use of a controlled substance, to wit; cocaine.
881214:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense and misconduct due to drug abuse (use).

881221:  CNMPC 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 881230 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).

Issues one through four: The NDRB found these issues non decisional. While the information provided by the applicant provided details of the applicant’s misconduct, the NDRB found that the NJP’s the applicant was found guilty of were in accordance with the regulations (propriety). Additionally, the applicant’s command provided ample opportunities for the applicant to correct his deficiencies and based on his service record an Other Than Honorable discharge was appropriate (equity). Relief is not warranted.

 The NDRB is authorized to consider post-service factors in the re characterization of a discharge. The applicant must be aware that there is no law or regulation which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the service. Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question. Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, may be considered by the NDRB.

The applicant is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. Representation at personal appearance hearing is highly recommended.



Pertinent Regulation/Law (at time of discharge)

 A. Navy Military Personnel Manual, (NAVPERS 15560A), effective 15 Jun 87 until
10 Jan 89, 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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