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NAVY | DRB | 2000_Navy | ND00-00735
Original file (ND00-00735.rtf) Auto-classification: Denied


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

ex-FA, USN
Docket No. ND00-00735

Applicant’s Request
The application for discharge review, received 000518, 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 010104. 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. My average conduct and efficiency ratings/behavior and proficiency marks were good [or pretty good].

2. I received awards and decorations.

3. I received letters of recommendation.

4. My record of promotions showed I was generally a good service member.

5. There were other acts of merit.

6. I was so close to finishing my tour that it was unfair to give me a bad discharge.

7. The punishment I got at discharge was too harsh -it was worse than most people got for the same offense.

8. I should have gotten a medical discharge because I was not medically qualified to serve.


 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
None

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     840829 - 841118  COG

 Period of Service Under Review :
Date of Enlistment: 841119               Date of Discharge: 890712

 Length of Service (years, months, days):

         Active: 04 07 24
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4 (12 months extension)

 Education Level: 12 1/2           AFQT: 41

 Highest Rate: FN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.70 (4)    Behavior: 2.84 (5)                OTA: 3.50

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR (2), AFEM, BER, MUC

 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. Separation in absentia.

 Chronological Listing of Significant Service Events :

841123:  Applicant briefed on Navy's policy on drug and alcohol abuse.

850612:  Applicant briefed on Navy's policy concerning drug/alcohol abuse and command's policy concerning driving while intoxicated and driving under the influence and alcohol related incidents.

860328:  NJP for violation of UCMJ, Article 134: Consuming alcoholic beverage while underage on 14Mar86.
         Award: Forfeiture of $150 per month for 1 month, extra duty for 25 days, reduction to FA. Reduction suspended for 6 months. No indication of appeal in the record.
860710:  Retention Warning: Advised of deficiency (Consuming alcohol beverages while underage.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

860716:  Retention Warning: Advised of deficiency (Underage drinking.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

870427:  Applicant admitted to Naval Hospital, San Diego, CA psychiatric ward.

870513:  Applicant discharged from Naval Hospital, San Diego, CA. Diagnosis: 1. Alcohol dependence, continuous. 2. Paranoid personality trait. Recommendation for future care: The patient is discharged to TPU in a restricted status for transport to his command. If his command feels that the patient warrants retention, it is strongly recommended that he undergo inpatient level III alcohol rehabilitation. He bring high motivation for alcohol rehabilitation and should be a good candidate for rehabilitation. The medical officer's command, Dr. P_, was contacted with the above.

 870528:  NJP for violation of UCMJ, Article 112A: Wrongfully use a controlled substance between 1Mar87 and 11Mar87, to wit: cocaine.
         Award: Forfeiture of $325 per month for 2 months, restriction and extra duty for 30 days, reduction to FR. No indication of appeal in the record.
890317:  Medical evaluation for alcohol/drug abuse found the applicant to be alcohol and cocaine dependent.

890322:  NJP for violation of UCMJ, Article 112A: Wrongful use cocaine between 1 and 3Mar89, violation of UCMJ Article 86: Unauthorized absence from appointed place of duty, to wit: "R" Division muster from 1245, 20Mar89 until 1400, 20Mar89.
         Award: Forfeiture of $391 per month for 2 months, restriction and extra duty for 45 days, reduction to FA. No indication of appeal in the record.
890330:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense, misconduct due to drug abuse and misconduct due to a pattern of misconduct.
890403:          Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
890504:  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had committed misconduct due to commission of a serious offense, drug abuse and a pattern of misconduct, that the misconduct warranted separation, and recommended discharge under other than honorable conditions.

890518:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense, misconduct due to drug abuse (use) and misconduct due to a pattern of misconduct.

890620:  Applicant missed ship's movement.

890629:  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 890712, in absentia, 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: “My average conduct and efficiency ratings/behavior and proficiency marks were good [or pretty good].” The applicant’s entire service record was considered in the characterization of the discharge. The applicant’s misconduct was considerable and warranted an Other Than Honorable Discharge. Relief is denied.

The applicant’s second issue states: “I received awards and decorations.” The NDRB found that despite receiving various unit awards that the discharge was proper and equitable as issued. Relief based on this issue is not warranted.

The applicant’s third issue states: “I received letters of recommendation.” The NDRB found this issue non decisional. Relief is not warranted.

The applicant’s fourth issue states: “My record of promotions showed I was generally a good service member.” The NDRB found the applicant’s misconduct warranted an Other Than Honorable Discharge. Relief is not warranted.

The applicant’s fifth issue states: “There were other acts of merit.” The applicant failed to support this issue with any documentation. The Board reviewed the applicant’s entire service record and no “other acts of merit” were found in the record. Relief is denied

The applicant’s sixth issue states: “I was so close to finishing my tour that it was unfair to give me a bad discharge.” There is no rule or regulation that requires commanding officers to retain a service member who have committed misconduct in order to complete obligated service. Relief is denied.

The applicant’s seventh issue states: “The punishment I got at discharge was too harsh -it was worse than most people got for the same offense.” The NDRB found this issue without merit. The punishment and discharge were consistent with the regulations. Relief is denied.

The applicant’s eighth issue states: “I should have gotten a medical discharge because I was not medically qualified to serve.” The applicant deserted after discharge proceedings were initiated and was discharged in absentia. Relief is not warranted.
Pertinent Regulation/Law (at time of discharge)

 A. Navy Military Personnel Manual, (NAVPERS 15560A), Change 6, effective 11 Jan 89 until 13 Jun 90, 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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