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NAVY | DRB | 2000_Navy | ND00-00703
Original file (ND00-00703.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND00-00703

Applicant’s Request
The application for discharge review, received 000509, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to medical, re-code. The applicant requested a personal appearance hearing discharge review before a traveling panel closest to Duluth, Minnesota. The applicant did not list any representative on the DD Form 293. In the acknowledgement letter to the applicant, he was informed that the Naval Discharge Review Board (NDRB) did not travel and all personal appearance hearing are held in the Washington National Capital Region. Subsequent to the application, the applicant converted to a documentary record review.

Decision

A documentary discharge review was conducted in Washington, D.C. on 001121. 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 service and the reason for discharge. The Board’s vote was unanimous that the character of the discharge shall not change and the reason shall remain the same. 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. Dear DRB, Sirs, I respectfully request and upgraded discharge to honorable under medical conditions, also a change in my reenlistment code. I feel the discharge given to me was wrong. I suffer from obsessive - compulsive disorder and depression. The alcohol and drug use did add to my problem and the navy didn't do anything about it. I did go to treatment while in the service for alcohol abuse, but it wasn't until 6, 10, 1999 when Dr M___ H____ PH.D. Licensed Psychologist diagnose me with obsessive - compulsive disorder, and depression which I have fought with all my life. The navy did not psychology evaluate my conditions. My O.C.D interfered with my ability to perform at a normal rate. I am taking medication (Remeron) to counter act the chemical imbalance in my brain. If the navy would of looked deeper at the problem and not the surface, I would not be using up you time. With the deaths of my father and sister brought on the depression it interfered my navy duties and I drank, to relieve my stress, white knuckle, teeth grinding feeling. I feel that if my mental problems would have been addressed and made a career of the service. I am currently receiving social security. My imbalance has restricted my life and I'm requesting the discharge review board to review my discharge and grant me an upgrade.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Letter from M___ H___, Ph.D. Licensed Psychologist
Psychiatric Treatment Plan (2pgs)
Reference Letter

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     840719 - 841016  COG

 Period of Service Under Review :
Date of Enlistment: 841017               Date of Discharge: 860923

 Length of Service (years, months, days):

         Active: 01 11 07
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

Education Level: 14                        AFQT: 55

 Highest Rate: SN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.80 (2)    Behavior: 2.90 (2)                OTA: 3.80

 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 :

850525:  Retention Warning: Advised of deficiency (You have been identified as an Alcohol Abuser due to alcohol related incidents of a discreditable nature and/or alcohol related disciplinary infractions), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

850926:  NJP for violation of UCMJ, Article 128: Assault, violation of UCMJ Article 134: Drunk and disorderly, violation of UCMJ Article 89: Disrespect toward a superior commissioned officer.
No indication of appeal in the record.
860306:  NAVDRUGLAB SAN DIEGO, CA urinalysis report indicates tested positive for THC.
860314:  NJP for violation of UCMJ, Article 112a: Wrongfully use THC, a controlled substance, on or about 860218.
         Award: Forfeiture of $358.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-2. No indication of appeal in the record.

860324:  Medical officer's evaluation indicates applicant is an Alcoholic in remission, no evidence of drug dependence, rehabilitation potential: fair, drug abuse history: persistent use of THC, positive urinalysis test, recommended Level I for THC, future service potential fair.
860404:  NAVDRUGLAB SAN DIEGO, CA urinalysis report indicates tested positive for THC.

860416:  NAVDRUGLAB SAN DIEGO, CA urinalysis report indicates tested positive for THC.

860424:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by illegal or wrongful use of a controlled substance.
860429:          Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
860618:  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had committed misconduct due to drug abuse, that the misconduct warranted separation, and recommended discharge under other than honorable conditions.

860725:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by illegal or wrongful use or possession of a controlled substance.

860729:  NJP for violation of UCMJ, Article 86: UA, violation of UCMJ Article 134: Drunk and disorderly.
Award: Forfeiture of $50.00 per month for 2 months, reduction to E-1. No indication of appeal in the record.
860918:  NJP for violation of UCMJ, Article 128: Assault, violation of UCMJ Article 134: Disorderly conduct drunkenness.
Award: Forfeiture of $225.00 per month for 2 months, restriction and extra duty for 45 days. No indication of appeal in the record.
860915:  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 860923 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 requested an upgraded discharge to honorable under medical conditions due to a medical condition, and a change in reenlistment code. Although the applicant’s current medical documentation shows he suffers from a mental disorder, the NDRB found no reason to change the applicant’s discharge or the reason for the discharge. There is no evidence in the record demonstrating that the applicant was not responsible for his misconduct while on active duty. The record shows the applicant was found “fit for separation” on his separation physical. Relief is denied.

 Concerning a change in reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reentry into the naval service or any other of the Armed Forces. The NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy. Reenlistment policy of the naval service is promulgated by the Bureau of Naval Personnel, Pers-282, 5720 Integrity Drive, Millington, TN 38055. Neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to reenlistment. A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter. Relief, is therefore, denied.

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 15560), Change 10/85, effective
16 Dec 85 until 05 Oct 86, 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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