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NAVY | DRB | 2001_Navy | ND01-00030
Original file (ND01-00030.rtf) Auto-classification: Denied


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

ex-TMSA, USN
Docket No. ND01-00030

Applicant’s Request
The application for discharge review, received 001004, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to misconduct. 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 informed that he was approaching the 15 year point for review by this Board and was encouraged to attend a personal appearance hearing in the Washington, D.C. 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

1. My undesirable discharge was inequitable because it was based on 1 isolated incident in 32 months of service with no other adverse action, and high evaluations prior to and at the time of the incident.

2. My undesirable discharge was inequitable because I was not offered any rehabilitation, nor was the mental stress of submarine service taken into consideration.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Statement from applicant dated August 20, 2000
Copy of Certificate of Training dated January 8, 1993

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     830726 - 840226  COG

 Period of Service Under Review :
Date of Enlistment: 840227               Date of Discharge: 860718

 Length of Service (years, months, days):

         Active: 02 04 22
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 61

 Highest Rate: TMSN (SS)

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.67 (3)    Behavior: 3.00 (4)                OTA: 3.60

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR

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 :

860606:  NJP for violation of UCMJ, Article 112A: Wrongful use of a controlled substance, cocaine.
         Award: Forfeiture of $358.20 per month for 2 months, restriction for 60 days, reduction to TMSA. No indication of appeal in the record.
860606:  DAAR Report. Commanding Officer found applicant not dependent. Applicant initially denied drug use. Applicant admitted and signed a statement after a polygraph examination that he used cocaine.

860610:  Commander Submarine Group FIVE notified applicant of intended recommendation for discharge under other than honorable conditions by reason of pattern of misconduct and drug abuse.
860618:  Applicant advised of his rights and elected not to consult with council counsel certified under UCMJ Article 27B. Elected the right to obtain copies of all separations documents.

860630:  Chief of Staff SUBGRU FIVE recommends the applicant be discharged with an other than honorable discharge.

860709:  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 860718 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 undesirable discharge was inequitable because it was based on 1 isolated incident in 32 months of service with no other adverse action, and high evaluations prior to and at the time of the incident.” The NDRB found the negative aspects of the applicant’s service, violation of UCMJ Article 112a- wrongful use of controlled substance (cocaine), outweighed his otherwise creditable service. An other than honorable discharge accurately characterizes the applicant’s service. Relief is denied.

The applicant’s second issue states: “My undesirable discharge was inequitable because I was not offered any rehabilitation, nor was the mental stress of submarine service taken into consideration.” The applicant was evaluated as not drug dependent at the time of discharge and therefore was not offered any rehabilitation treatment. The NDRB recognizes that service is stressful, however the use of illegal drugs for any reason is unacceptable. Relief is denied.
The applicant may make a personal appearance before the Board provided his application is received prior to July 18, 2001.









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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