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NAVY | DRB | 2000_Navy | ND00-01013
Original file (ND00-01013.rtf) Auto-classification: Denied


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

ex-HA, USNR
Docket No. ND00-01013

Applicant’s Request
The application for discharge review, received 000905, requested that the characterization of service on the discharge be changed to honorable. 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 010215. 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 (verbatim)

1. To Whom it May Concern:

As a youth, while in the US Navy, I experimented briefly with drugs. I was caught after a short period of time by a random drug screen test. I was given Non Judicial Punishment. At the time, I thought I was unlucky. In retrospect, I now consider myself very fortunate because I was frightened into ending a very dangerous habit before it caused irreparable harm to myself and others.

2. I spent nearly seven years in the US Navy as a Hospital Corpsman. I attained the rank of Petty Officer 3 rd class. I served aboard the USS Ashtabula and the USS Acadia.

While serving aboard the USS Acadia, I received a Letter of Commendation for assisting in the rescue of two shipwrecked fishermen off the coast of California. I provided medical assistance, food and clothing prior to their evacuation and return to San Diego. In another instance, I provided continuous life support for a crewmember who had sustained a potentially fatal electrical shock. As a result of my medical treatment, the seaman recovered and eventually returned to full duty.

I ensured fleet readiness by undertaking shipwide immunizations, conversion to a new health record formatting and conducting audiograms for all hands. I conducted cardiopulmonary resuscitation training for over 20 percent of the crew. I volunteered to render medical services to the civilian communities and orphanages in Kenya, somalia, Thailand, Philippines and Korea.
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of Letter of Commendation dated July 25, 1983
Character reference dated July 14, 1983
Character reference dated August 4, 2000
License from United States Coast Guard for the grade of Junior Assistant Purser dated August 11, 2000 expires August 11, 2005
Certificate of Training dated August 25, 2000
Copy of DD Form 214

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: 801211               Date of Discharge: 871127

 Length of Service (years, months, days):

         Active: 06 11 17
         Inactive: None

 Age at Entry: 18                          Years Contracted: 6 (16 months extension)

 Education Level: 12                        AFQT: 48/42

 Highest Rate: HM3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.42 (8)    Behavior: 3.68 (7)                OTA: 3.55

 Military Decorations: None

 Unit/Campaign/Service Awards: HSM, SSDR, NMCOSR (2)

 Days of Unauthorized Absence: 7

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 :

801211:  Applicant ordered to active duty for 36 months under the Active Mariner Program.

841119:  NJP for violation of UCMJ, Article 86 (3 specs): (1) Fail to go at time prescribed to appointed place of duty on 0700-0725, 6Oct84, (2) Fail to go at time prescribed to appointed place of duty on 0700-0750, 7Oct84, (3) Fail to go at time prescribed to appointed place of duty on 1000-1400, 16Oct84.
         Award: Forfeiture of $150 per month for 1 month. No indication of appeal in the record.
850521:  NJP for violation of UCMJ, Article 86 (2 specs): (1) Fail to go at time prescribed to appointed place of duty on 0745-0900, 4May85, (2) Fail to go at time prescribed to appointed place of duty on 0745-0945, 23Mar85.
         Award: Extra duty for 30 days, reduction to HMSN. Reduction suspended for 6 months. No indication of appeal in the record.
870928:  NAVDRUGLAB, Oakland, CA reports applicant's urine sample received 870909, tested positive for cocaine.
870929:  NJP for violation of UCMJ, Article 86 (3 specs): (1) Absent from place of duty on 1045, 24Aug87 - 1000, 25Aug87 (23 hours and 15 minutes/surrendered), to wit: Supply Department, located at the Branch Clinic Moffett Field, (2) Failed to report to the Branch Medical Clinic on 1400, 23Sep87 to 0730, 24Sep87 (17 hours and 30 minutes), (3) Absent from place of duty on 0800, 24Sep87-1310, 25Sep87 (1 day), to wit: Supply Department, violation of UCMJ, Article 91: Disobey an order given by HM2 to report to the Branch Medical Clinic at 1400 for nonjudicial punishment and failed to do so, violation of UCMJ, Article 92 (2 specs): (1) Ordered on more than 3 occasions to have his hair cut in a military manner, (2) Claims that he did not have funds to have his hair cut.
         Award: Extra duty for 14 days, reduction to HA. No indication of appeal in the record.
871023:  NJP for violation of UCMJ, Article 86 (3 specs): (1) Unauthorized from 0730-0745, 30Sep97 (15 minutes), (2) Unauthorized absence from 1030, 1Oct87 to 0730, 5Oct87 (3 days), (3) Unauthorized absence from 0730, 6Oct87 to 0730, 9Oct87 (3 days), violation of UCMJ, Article 112A: Wrongfully use cocaine on 9Sep87.
         Award: Forfeiture of $400 per month for 2 months, reduction to HA. No indication of appeal in the record.
871020:  Medical evaluation for drug abuse found the applicant appears to be dependent on cocaine and in need of Level III treatment through the VA.

871027:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
871027:          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.
871030:  Drug and Alcohol Abuse Report: Cocaine abuse, 4 to 7 times per week, ashore off duty. Random urinalysis on 870908. DAPA found applicant dependent and recommended separate via VA hospital. Physician found applicant dependent and recommended Level III treatment. Commanding officer recommended separate via VA hospital. Comments: Member was an excellent sailor until 4 months ago when a pattern of poor performance was established. Potential for future productive military service is poor.

871103:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

871116:  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 871127 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).

 In response to the applicant’s issues 1 and 2, the Board found that although the applicant had some positive accomplishments during his tenure, the applicant went to CO’s NJP for misconduct on 4 separate occasions, one of which was for his wrongful use of a controlled substance. The applicant’s misconduct clearly outweighs the good that was done while he was in the service and the Board finds he is deserving of a discharge under other than honorable conditions. No relief will be granted based on this issue.

In respect to the applicant’s post service conduct, 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(s) documenting participation in the program) in order for consideration for clemency based on post-service conduct. At this time, the applicant has not provided ample 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), 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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