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NAVY | DRB | 2001_Navy | ND01-00133
Original file (ND01-00133.rtf) Auto-classification: Denied


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

ex-FC3, USN
Docket No. ND01-00133

Applicant’s Request
The application for discharge review, received 001109, requested that the characterization of service on the discharge be changed to General/under Honorable conditions. The applicant requested a personal appearance hearing discharge review before a traveling panel. The applicant did not list any representative on the DD Form 293. In the acknowledgement letter to the applicant, he was informed that the Naval Discharge Review Board (NDRB) does not travel, all hearings are held in the Washington, DC Area. The applicant elected to have his personal appearance hearing changed to a document review, on the day of the hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010615. 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. MAY SUBMIT ISSUES AT TIME OF HEARING. No issues were submitted.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Authorization Form
 Character reference letter from “Unity of Faith Worship Center, dated march 19.
 2001
 Character reference letter from OIC business Services, dated May 14, 2001.
Character reference letter from Opportunities Industrialization Center, INC., dated
 March 14, 2001.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        820712 - 860112  HON
         Inactive: USNR (DEP)     820426 - 820711  COG

 Period of Service Under Review :
Date of Enlistment: 860113               Date of Discharge: 870518

 Length of Service (years, months, days):

         Active: 01 04 07
         Inactive: None

 Age at Entry: 35                          Years Contracted: 6

Education Level: 16                        AFQT: 82

 Highest Rate: FC2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.80 (2)    Behavior: 3.80 (2)                OTA: 3.80

 Military Decorations: None

 Unit/Campaign/Service Awards: GCA, SSDR (2 ND ), MUC

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 :

860113:  Reenlisted onboard USS WHIPPLE (FF-1062) for 6 years.

 870310:  Substance Abuse Report indicates applicant is not drug or alcohol dependent. [Extracted from CO’s letter, dated 102110Z APR 87]

870325:  CAAC evaluation indicates applicant is not drug or alcohol dependent. [Extracted from CO’s letter, dated 102110Z APR 87]

870326:  NJP for violation of UCMJ, Article 112A: Wrongful use of a controlled substance.
         Award: Forfeiture of $375.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-4. No indication of appeal in the record.
870331:  Substance Abuse Clinic Eval. Medical evaluation for drug abuse found no evidence of dependency on drugs or alcohol.
870407:  Applicant notified of intended recommendation for discharge under Other Than Honorable conditions by reason of misconduct due to Drug abuse as evidenced by violation of the UCMJ article 112A, wrongful use of cocaine punished at one CO's NJP, and two positive urinalysis for cocaine on 870316 and 870318.
870407:          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.
870410:  DAAR Report. The applicant was identified as a user of cocaine by NAVDRUGLAB GRTLAKES msg 040813Z Mar 87. He was adjudged as having no potential for further useful service and was being processed by Adminisrtative Separation.

870410:  Commanding officer recommended discharge under Other Than Honorable conditions by reason of misconduct due to Drug abuse as evidenced by violation of the UCMJ, Article 112A, wrongful use of cocaine punished at one CO's NJP, and two positive urinalysis for cocaine on 870316 and 870318.

870509:  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 870518 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.

 The following is provided for the benefit of the applicant. Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question. No such error or injustice occurred during the applicant’s enlistment. Additionally, there is no law, or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in civilian life, subsequent to leaving the service. However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review. Verifiable proof of any post-service accomplishments must be provided in order for the applicant to claim post-service conduct and behavior as a reason to upgrade a less than Honorable discharge. Evidence of continuing educational pursuits, an employment record, documentation of community service, certification of non-involvement with civil authorities and proof of his not using drugs, are examples of verifiable documents that should have been provided to receive consideration for clemency, based on post-service conduct. The applicant did not provide sufficient documentation to warrant relief. He is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge. The applicant can provide additional documentation to support any claims of post-service accomplishments at that time. Legal representation at a personal appearance hearing is highly recommended but not required.

Pertinent Regulation/Law (at time of discharge)

 A. Navy Military Personnel Manual, (NAVPERS 15560), Change 7/86, effective
15 Dec 86 until 14 Jun 87, 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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