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NAVY | DRB | 2000_Navy | ND00-00806
Original file (ND00-00806.rtf) Auto-classification: Denied


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

ex-SA, USN
Docket No. ND00-00806

Applicant’s Request
The application for discharge review, received 000608, requested that the characterization of service on the discharge be changed to general/under honorable conditions. The applicant requested a personal appearance discharge review before a traveling panel closest to Dover, DE. 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) does not travel; all hearings are held in the Washington DC area. The NDRB also advised that the board first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010111. 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. Suffered from depression due to fact that I was top of class and could pick 5 places I wanted to serve after training. I was told that would be able to go on a world cruise if I went to Philadelphia and we ended up in the shipyard for 3 years.

2. Drugs were everywhere in Philadelphia and I used it as an escape from reality and to try to deal with my depression. This is no excuse but this is the only way I can explain it.

3. As soon as I was discharged from the military, I got an electrical job and never used drugs again. I met my wife who is a school teacher and counselor who helped me work through it. I suffered in the military from lead poisoning, but am okay now. I am a reformed person and a Christian who is free of drugs and one who has learned from his mistakes. I have been working as an electrician for 15 years and am now a project manager. The military prepared me for the world in the way of discipline and tackling the hardest problems.

4. My wife and I are trying to adapt a child from the state. The adoption agency wants us to clear our names with the military before we can get a child. We have been married for 12 years and unable to conceive.


 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copies of applicant's DD Form 214
Twenty-one pages from applicant's service

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     831217 - 841023  COG

 Period of Service Under Review :
Date of Enlistment: 841024               Date of Discharge: 870623

 Length of Service (years, months, days):

         Active: 02 08 00
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 37/40

 Highest Rate: WTSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (3)    Behavior: 2.00 (3)                OTA: 2.80

 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 :

860911:  NJP for violation of UCMJ, Article 92: Fail to obey a lawful order on 11Sep86.
         Award: Forfeiture of $50 per month for 1 month, restriction and extra duty for 5 days. No indication of appeal in the record.
861105:  NJP for violation of UCMJ, Article 112A: Wrongful use of marijuana on 17Oct86.
         Award: Forfeiture of $358 per month for 2 months, restriction and extra duty for 45 days, reduction to WTSA. No indication of appeal in the record.
870505:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse and misconduct due to commission of a serious offense.
870514:          Applicant advised of his rights and having elected not to consult consulted 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.
870518:  Drug and Alcohol Abuse Report: Marijuana abuse, one to three times a month, ashore off duty, October 1986. CAAC found applicant not dependent and recommended separation. Commanding officer recommended separation. Comments: SA (applicant) is being processed for OTH discharge for illegal use of marijuana. He has had two CO's NJP's. He does not appear to be dependent on marijuana or any other substance. SA (applicant) demonstrates no potential for further naval service and is not recommended for retention. He is 21 years old and has 31 months time in service.
870609:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

870613:  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 870623 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: “Suffered from depression due to fact that I was top of class and could pick 5 places I wanted to serve after training. I was told that would be able to go on a world cruise if I went to Philadelphia and we ended up in the shipyard for 3 years.” The NDRB found this issue/ statement non decisional and did non mitigate his documented misconduct. Relief is not warranted.

The applicant’s second issue states: “Drugs were everywhere in Philadelphia and I used it as an escape from reality and to try to deal with my depression. This is no excuse but this is the only way I can explain it.” The NDRB found this issue non decisional. The applicant was aware of the Navy’s policy regarding illegal drug use and chose to use drugs. Relief is not warranted.

 The applicant’s third issue states: “As soon as I was discharged from the military, I got an electrical job and never used drugs again. I met my wife who is a school teacher and counselor who helped me work through it. I suffered in the military from lead poisoning, but am okay now. I am a reformed person and a Christian who is free of drugs and one who has learned from his mistakes. I have been working as an electrician for 15 years and am now a project manager. The military prepared me for the world in the way of discipline and tackling the hardest problems.” The NDRB is authorized to consider post-service factors in the re characterization of a discharge. 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 failed to provide any documentation to demonstrate his post service contributions. Relief is not warranted.

The applicant’s fourth issue states: “My wife and I are trying to adapt a child from the state. The adoption agency wants us to clear our names with the military before we can get a child. We have been married for 12 years and unable to conceive.” The NDRB found this issue non decisional. The applicant failed to provide post service documentation for the Board’s consideration. Relief is not warranted.
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 7/86, effective
15 Dec 86 until 14 Jun 87, 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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