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NAVY | DRB | 2001_Navy | ND01-00041
Original file (ND01-00041.rtf) Auto-classification: Denied


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

ex-YNSN, USN
Docket No. ND01-00041

Applicant’s Request
The application for discharge review, received 001016, 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 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, authority: NAVMILPERSMAN, Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues
Subj:    PERSONAL RESPONSE TO 'ISSUES' (BLOCK 8) OF DD FORM 293
 Ironically, I would like to submit to the Board that I, A___ L.C____ Jr., always felt that the 'Under Other Than Honorable Conditions' discharge that I received was a fair and justifiable one. I never had any quarrels with the Navy, VFA- 106 (my command during the time of my separation), or my superior officers at VFA-106 concerning the reason they decided to separate me from further naval service. However, I do sincerely hope that you take into consideration the issues that I am about to discuss and ultimately conclude that this incident was an isolated one, bad choices have been recognized and corrected, and that an 'Honorable' discharge would be extremely advantageous and appreciated.
During the latter part 1994 1 failed a urinalysis screening. I then went to Captain's Mast and received a punishment of 45 days restriction, 45 days extra duty, and a recommendation for separation with an 'Under Other Than Honorable Conditions.' Coincidently, this was around the same time that I was being recommended, by my chain of command, for a Navy Achievement Medal. As a Third Class Petty Officer at VFA106 in the Operations Department, I was supervising two Seamen. I say with pride that I enjoyed my job as a Yeoman and I did it well. Before shore duty I was a Yeoman onboard the USS PHILIPPINE SEA (CG-58), the "Wardogs," and during Operation Desert Storm I developed a passion for the Navy and my job. After three (3) years of sea duty I was then transferred to NAS Cecil Field to the command VFA-106, the "Gladiators." And in the year of 1994 the problems began. 1994 was an extremely difficult year for me. One of my favorite uncles died suddenly. My family and I had no idea at all that something was wrong with him Going home and attending the funeral was heartbreaking and I became very depressed. Not very soon after this tragic moment in my life, I received a phone call from my mother telling me that one of my very close cousins and friend had been brutally murdered. During this period of my life I was desperately reaching for anything that would make the pain go away. Unfortunately, I turned to drugs and alcohol. So here I was putting forth my best effort to maintain an "everything is fine' image in front of my fellow shipmates, VIA106, and my family back home but in reality I was depressed beyond comprehension. Then things got worse. One of my friends failed a urinalysis screening. And instead of using this incident as a "wake-up call' to stop using drugs I continued. Then I realized I couldn’t stop. I had to face the hard reality that I was "hooked" and I needed help. As odd as it may sound, failing that urinalysis screening was the very help I needed. My command, my superior officers, my immediate supervisors, and my fellow shipmates were very supportive, sympathetic to my pain, and understanding. I realize that VFA- 1 06 simply had no other alternative. And I say wholeheartedly that I sincerely regret being separated from the Navy. But in retrospect, the Navy's "no nonsense" policy on drugs forced me to do a serious self-analysis, stop using drugs, assume responsibility for my actions (as an adult should), regain my self-respect, and most importantly receive Jesus Christ as my lord and personal savior which was the best thing that has ever happened to me!

I now reside in Beaufort, SC. I met and married M____, my beautiful wife, while in Jacksonville, FL and we have four wonderful children: D____, B____, D____, & A____. I am currently an ordained Deacon at Bethel Word & Worship Deliverance Temple where my father, A____ L. C____ Sr. is the Pastor. I am now enrolled in the Technical College of the Low country to receive an Associate of Arts Degree (Transfer Block). My future is bright and I am making full use the second chance God gave me. I would be tremendously grateful to the Board if you would take into consideration my request to upgrade my discharge to 'Honorable.'

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Character Reference Letter
Letter of Recommendation from Pastor
Educational Achievements Resume

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        880627 - 920429  HON
         Inactive: USNR (DEP)     870831 - 880626  COG

 Period of Service Under Review :
Date of Enlistment: 920430               Date of Discharge: 950324

 Length of Service (years, months, days):

         Active: 02 10 25
         Inactive: None

 Age at Entry: 22                          Years Contracted: 4

Education Level: 12                        AFQT: 46

 Highest Rate: YN3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.76 (6)    Behavior: 3.50 (6)                OTA: 3.70

 Military Decorations: None

 Unit/Campaign/Service Awards: JMUA, NUC, NDSM, SASM (3 RD ), SSDR, KLM

Days of Unauthorized Absence: None

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630620.

 Chronological Listing of Significant Service Events :

920430:  Reenlisted onboard USS PHILIPPINE SEA for 4 years.

 941122:  NAVDRUGLAB JACKSONVILLE FL urinalysis report indicated applicant tested positive for THC.
941208:  NJP for violation of UCMJ, Article 112a: Wrongful us of marijuana between 941016 and 941114.
         Award: Forfeiture of $522.00 per month for 2 months (suspended for 6 months), restriction to NAS CECIL FIELD, FL for 45 days, extra duty for 45 days, reduction to E-3. No indication of appeal in the record.
941221:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by non-judicial punishment on 941208.
941227:          Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
950202:  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had committed misconduct due to drug abuse and commission of a serious offense , that the misconduct warranted separation, and recommended discharge under other than honorable conditions.

950222:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense as evidenced by drug abuse.

950314:  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 950324 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 Board considered the applicant’s issue (letter) that described his service and post service. The Board found nothing in the applicant’s service record that demonstrates the discharge was improper or inequitable. The applicant’s post service documentation was not significant enough to warrant an upgrade based on provisions in ref (D). 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 15560C), Change 9/94, effective
22 Jul 94 until 02 Oct 96, 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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