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NAVY | DRB | 2000_Navy | ND00-00933
Original file (ND00-00933.rtf) Auto-classification: Denied


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


ex-AEAN, USNR
Docket No. ND00-00933

Applicant’s Request
The application for discharge review, received 000725, 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 010201. 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

Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank.


Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Letter from applicant dated June 4, 2000
Copy of Letter of Commendation dated March 9, 1990
 Copy of Letter of Appreciation dated May 21, 1990
Copy of Letter of Commendation
Letter from Board of Correction of Naval Records to applicant dated July 11, 2000
Letter to Department of Veterans Affairs dated June 23, 2000
Copy of DD Form 214
Copy of Selection of Honorman and Meritorious Advancement to E-2 dated February 17, 1989
Copy of Enlisted Performance Evaluation Reports dated 89Mar01 to 89Apr07, 90Sep01 to 90Dec27, 90Dec28 to 91Jun30, 90Feb01 to 90Aug31 and 89Apr08 and 90Jan31

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: None
Period of Service Under Review :
Date of Enlistment: 880829               Date of Discharge: 911024

 Length of Service (years, months, days):
         Active: 02 11 09
          Inactive: 00 02 17
Age at Entry: 20                          Years Contracted: 8

 Education Level: 10 GED           AFQT: 56
Highest Rate: AE3

 Final Enlisted Performance Evaluation Averages (number of marks):
Performance: 3.56 (5)    Behavior: 3.24 (5)                OTA: 3.88

 Military Decorations: None
Unit/Campaign/Service Awards: CGMUC, CGSDR, NDSM, SSDR

 Days of Unauthorized Absence: 2

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 :

881115:  Applicant briefed on Navy's policy on drug and alcohol abuse.
881116:  Applicant ordered to active duty for 36 months under the Active Mariner Program.
881212:  Drug and Alcohol Abuse Report: Marijuana abuse. Service directed urinalysis 881114. Commanding officer recommended retention, Level I treatment and written warning. Comments: Mbr has potential for Naval Service. Positive entry level urinalysis for THC. Issued page 13. Will undergo mandatory urinalysis once a month during pre-accession trng IAW OPNAVINST 5350.4A.
890801:  NJP for violation of UCMJ, Article 86: Unauthorized absence.
         Award: Forfeiture of $100 per month for 1 month, restriction and extra duty for 30 days, reduction to AEAR. Reduction suspended for 6 months. No indication of appeal in the record.
890801:  Retention Warning: Advised of deficiency (Unauthorized absence.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

891208:  Retention Warning: Advised of deficiency (A severe decline in performance which we believe to be due to alcohol abuse, i.e. lateness, breath of alcohol and unauthorized absence..), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

891215:  NJP for violation of UCMJ, Article 86: Unauthorized absence, violation of UCMJ, Article 134.
         Award: Forfeiture of $391.80 per month for 2 months, restriction and extra duty for 30 days, reduction to AEAR. Reduction suspended for 6 months. No indication of appeal in the record.
910809:  NAVDRUGLAB, Oakland, CA reported applicant' urine sample received 910731 tested positive for THC.
910822:  NJP for violation of UCMJ, Article 86: Absence without leave, violation of UCMJ, Article 112A: Use of controlled substance.
         Award: Forfeiture of $492 per month for 2 months, restriction and extra duty for 45 days, reduction to AEAN. No indication of appeal in the record.
910104:  CAAC screening: A: Not dependent...Risky ETOH habits, but potential for recovery is good.

910904:  NAVDRUGLAB, Oakland, CA reported applicant' urine sample received 910826 tested positive for THC.
910911:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by your service record in your current enlistment.
910911:          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.
910916:  Drug and Alcohol Abuse Report: Marijuana abuse, ashore off duty. Random urinalysis 910730. CAAC found applicant not dependent and recommended separate via VA hospital. Physician found applicant dependent and recommended separate via VA hospital. Commanding officer recommended separate via VA hospital. Comments: Past performance by AEAA (applicant) has been good. Present behavior incompatible with Navy Standards. Due to this incident he is considered to have no potential for future Naval Service IAW OPNAV 5350.4B and is recommended for an administrative discharge. Member reduced to AEAA.
910916:  Drug and Alcohol Abuse Report: Marijuana abuse, ashore off duty. Urinalysis - fitness for duty 910826. CAAC found applicant not dependent and recommended separate via VA hospital. Physician found applicant dependent and recommended separate via VA hospital. Commanding officer recommended separate via VA hospital. Comments: Past performance by AEAA (applicant) has been good. Present behavior incompatible with Navy Standards. Due to this incident and previous drug related incident he is considered to have no potential for future Naval Service IAW OPNAV 5350.4B and is recommended for an administrative discharge.
910916:  Applicant evaluated and found to be psychologically and physically addicted to substance abuse. Recommend Level I or its equivalent on outside if separated.
910920:  Commanding officer recommended discharge under honorable conditions (general) by reason of misconduct due to drug abuse (use) and pattern of misconduct.

911008:  BUPERS 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 911024 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 introduced no decisional issues for consideration by the Board.

 To permit relief, an error or injustice must be found to have existed during the period of enlistment under review. There was nothing in the records, nor did the applicant provide any documentation, to indicate there existed an error of fact, law, procedure, or discretion at the time of discharge. There was no rights violation and no basis for relief.
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. At this time, the applicant has not provided any documentation of good character and conduct. Therefore no relief will be granted. The applicant is encouraged to continue with his pursuits and is reminded that he is eligible for a personal appearance hearing provided the application is received within 15-years from the date of discharge.

Pertinent Regulation/Law (at time of discharge)
A. Navy Military Personnel Manual, (NAVPERS 15560A), Change 11, effective
14 Jun 90 until 14 Aug 91, 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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