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NAVY | DRB | 2001_Navy | ND01-00019
Original file (ND01-00019.rtf) Auto-classification: Denied


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

ex-OTASN, USN
Docket No. ND01-00019

Applicant’s Request
The application for discharge review, received 001010, 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. In the acknowledgement letter the applicant was encouraged to attend a personal appearance hearing in the Washington DC area. Applicant did not respond.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010329. 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. I believe my discharge was inequitable because it was based on one isolated incident in 46 months of active - duty service with no other adverse actions.

2. Pre-court martial psychological report recommend's, a "hardship discharge".


 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of letter from Department of Veterans Affairs dated January 6, 1995
Letter from State of New Mexico, House of Representatives dated August 1, 2000
Character reference dated September 25, 2000

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: 820629               Date of Discharge: 860430

 Length of Service (years, months, days):

         Active: 03 10 02
         Inactive: None

 Age at Entry: 22                          Years Contracted: 4

 Education Level: 11                        AFQT: 83

 Highest Rate: OTA3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.64 (5)    Behavior: 3.40 (7)                OTA: 3.55

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: 1

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 :

820630:  Applicant briefed on Navy's policy on drug and alcohol abuse.

 820908:  Applicant to unauthorized absence 0630-1000, 8Sep82 (3 hours, 30 minutes).
821005:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 0630-1515, 16Sep96.
         Award: Forfeiture of $75 per month for 1 month. No indication of appeal in the record.
821006:  Counseling: Advised of deficiency (frequent involvement with civil/military authorities), notified of corrective actions and assistance available.

830328:  NJP for violation of UCMJ, Article 92: Failure to obey FLEASWTRACENLANTNOTE 11000 dated 20Mar81, on 2300, 19Mar83.
         Award: Forfeiture of $100 per month for 1 month, restriction and extra duty for 00 days, reduction to E-X. No indication of appeal in the record.
850903:  Psychiatric evaluation: Impression: (1) Situational reaction, (2) Mixed personality disorder with low tolerance for stress, poor judgment, impulsivity and immaturity, (3) ETOH abuse/dependence. Plan: (1) Admin discharge per specific Mil Personnel Manual Instruction re: personality disorder if he continues to have adjustment problem in Navy. (2) ARS eval (set up today at 2:30).
851218:  Psychiatric evaluation: Impression: Situational alcohol abuse, however patient is a prime candidate for alcoholism.
860102:  NJP for violation of UCMJ, Article 112A: wrongful use of methamphetamines, a schedule III controlled substance on 8Nov85.
         Award: Forfeiture of $400 per month for 2 months, restriction for 30 days, and extra duty for 15 days, reduction to OTASN. No indication of appeal in the record.
860110:  Drug and Alcohol Abuse Report: Amphetamines abuse, 1 to 3 times per month, Nov85, ashore off duty. Inspection urinalysis Nov85. Medical officer and CAAC found applicant not dependent and recommended separate via VA hospital. Commanding Officer recommended separation. Comments: Past history of substance abuse. Access to classified material terminated. Processing for discharge.

860106:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by the illegal or wrongful use or possession of a controlled substance.
860106:          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 and to submit statements.
860407:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. Commanding officer’s comments (verbatim): During the first two years onboard petty officer/seaman _____ (applicant) was an average worker who for the most part was a productive member of the command. On two or three occasions he was counseled on his questioning of authority and on occasional outbursts of temper. During the last six months he lost his drive to complete assigned tasks, developed poor work habits and had to be counseled on grooming standards. His self-motivation slipped and he failed to complete a required qualification level. Twice in a four month period he was granted ten days leave to correct personal problems. His attitude and behavior continued to deteriorate and he ultimately came up positive for drugs. He is not recommended for retention. Discharge recommended other than honorable.

860422:  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 860430 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 applicant’s issue 1, the applicant implies that a permissive doctrine exists whereby one in the military is allowed an "isolated incident". The Board believes that the applicant is confusing this with the civilian world wherein some offenses are treated with leniency because they are a first time incident on an otherwise clear record. No such leniency exists in the military. In addition, the applicant had two NJP’s prior to his NJP for drug abuse. The applicant is responsible for his actions and must accept the consequences of his misdeeds. The Board will not grant relief on the basis of this issue.

In response to applicant’s issue 2, the Board found that the psychological report received by the applicant does not exculpate him from his misconduct of record. In fact, the Board has seen no connection between the applicant’s psychological condition and his use of illegal drugs. Relief denied.

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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