Search Decisions

Decision Text

NAVY | DRB | 2001_Navy | ND01-00212
Original file (ND01-00212.rtf) Auto-classification: Denied


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

ex-HN, USNR
Docket No. ND01-00212

Applicant’s Request
The application for discharge review, received 001211, requested that the reason for the discharge be changed to Completed period of service. The applicant requested a documentary record discharge review. The applicant designated the New York State Division of Veterans Affairs as the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010629. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned there was no impropriety or inequity in the characterization of the applicant’s service. The Board’s vote was unanimous that the reason for discharge shall not change. The discharge shall remain: HONORABLE/Misconduct – Drug Abuse (Use), authority: NAVMILPERSMAN, Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues
1. This is a request for a deletion on line #28 of the discharge paperwork (DD Fon-n 214) of the veteran Mr. C_ M_ (Applicant), who's discharge is currently characterized as "HONORABLE", with the narrative reason for separation listed as MISCONDUCT DRUG ABUSE (use).

Mr. (Applicant), entered the U.S. Navy on January 31, 1986, and was discharged on July 6, 1989.

While in service his in the line of duty performance was highly effective, Mr. (Applicant) has indicated that he always received excellent evaluations and made promotions on time.

It was Mr. (Applicant)'s off duty time, which admittedly because of his own mismanagement he fall himself, and his military career by acting immaturely. A review of the record will indicate his troubled off duty circumstances and occurrences.

In retrospect 11 years later, and after years of self-help, substance abuse, and anger management counseling, the mature self confident individual who presents himself in this office today, has long sense changed from that troubled person of the past. He has learn from professional counseling that a major part of his frustration and anger while in service which led to his self medicating, derived from his guilt of having a child whose life he could not be a part of, and was living in another State, and growing up not knowing him.

This man has over the past 11 years gone out and sought assistance and elevated himself far beyond that person he was while in service. There is remorse in his reflection of his military career, and he has taken all of the steps necessary to carry himself in civilian society in a more positive way (as the multiple attachments in support of his request will indicate).
Today, Mr. (Applicant) is an adult who has established 9 continuous years of employment with the New York City Fire Department, as an Inspector. He has been awarded multiple accommodations for his dedication to his job (copies attached), and the community for which he serves.

This office feels that neither the Discharge Review Board, nor the citizens of this great Country would want to continue to penalized this man for actions of so long ago. Also, we fully recognize that neither the Navy Review Board, nor the United States of America are in the business of punishment for punishment sake.
When the Review Board closely examines the infractions for which Mr. (Applicant) was charged, I'm sure you would agree that this type of line on his discharge paperwork he has lived with for the past 11 years, doesn't do the Country or the veteran any good, and has been hanging over his head entirely long enough.

We are requesting that the Discharge Review Board delete for advances in his employment and other pertinent purposes item #28 on his DD Form 214. The veteran, and this office believes that his character of separation HONORABLE, should at this point in time, overweigh any indication of "narrative reason for separation".

Thank you for your time, and any consideration your Review Board can show us in this matter.
Thank you.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Certificate of Course Completion (Fire Protection Inspector), Fire Deptmant City of New York dtd August 1992
Fire Department Task and Standards Sheet dated 8/7/92
New York City Fire Department Sub-Managerial Performance Eval (Period 6/29/92 - 8/7/92)
New York City Fire Department Sub-Managerial Performance Eval (Period 11-99 - 12-31-99) (3 pages)
Certificate of Course Completion (High-Rise Fire Safety Directors Course), Fire Science Institute dtd May 16, 1990
Certificate of Course Completion (Occupational Safety and Health), District Council 37 AFSCME Education Fund Safety and Health Unit Summer 1999
Certificate of Outstanding Achievement (Computer Theory/Ward Processing Program), District Council 37 Education Fund Fall 1995
Certificate of Course Completion (Basic course for Peace Officers **Without Firearms Training**) Municipal Police Training Council dtd May 15, 1998
Inspector of the Month for November 1995 Award, Citation and Certificate (3 pages)
Certificate of Course Completion (Queens Home Maintenance Training Program) for Beginners Class of 2000 Spring Session

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: 860128               Date of Discharge: 890706

 Length of Service (years, months, days):

         Active: 03 05 06
         Inactive: 00 00 02

 Age at Entry: 25                          Years Contracted: 4

 Education Level: 14½               AFQT: 41

 Highest Rate: HN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.3 (2)     Behavior: 3.3 (2)                 OTA: 3.6

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: None

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

HONORABLE/Misconduct – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.

 Chronological Listing of Significant Service Events :

860131:  Commenced active duty for 36 months under the Active Mariner Program.
860131:  Acknowledged understanding of the Navy's drug and alcohol policy.

 880127:  NJP for violation of UCMJ, Article 92: failure to obey a regulation, violation of UCMJ Article 134: disorderly conduct, drunkenness.
         Awarded extra duty for 14 days. No indication of appeal in the record.
880211:  Counseled on the requirements for successful completion of the Navy's Level III Aftercare Program Regimen. Failure to comply or complete the program or any further alcohol or drug related incidents may result in disciplinary action or administrative separation. Notified of corrective actions and assistance available.

880216:  Naval Hospital, San Diego: Level III treatment for alcoholism.

880405:  Completed Level III treatment and placed on aftercare program.

890131:  Extended active duty for 24 months.

 890402:  DARR: Urinalysis result of military police, positive for alcohol abuse, dependent, evaluated by CAAC and physician, recommend separation processing.
890424:  Command DAPA to Legal Department: Applicant attended Level III Treatment for alcoholism from 16 FEB1988 to 5APR1988 at Naval Hospital San Diego following three separate incidents (fight on 24 Aug 1986 BAC 0.22, Emergency Room visit 8 Aug 1987 BAC 0.357, Competence for Duty Exam 13DEC 19987 found not competent) involving alcohol abuse. Applicant refused to comply with aftercare program (which requires mandatory urinalysis program) and has not been providing the necessary urine samples. This constitutes a rehabilitation failure while in the aftercare status.
890427:  DAAR: Aftercare urinalysis, positive for marijuana, dependent, evaluated by CAAC, recommend for separation processing.
890504:  Applicant notified of intended recommendation for discharge under Honorable conditions (General) by reason of alcohol rehabilitation failure and misconduct due to drug abuse as evidenced by Drug and Alcohol Abuse Report of 2 April 1989 and 27 April 1989 and NAVDRUGLAB San Diego msg 262000Z April 1989.
890504:          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. Applicant objected to the discharge.
890505:  Commanding officer recommended discharge under Honorable conditions (General) by reason of misconduct due to alcohol abuse rehabilitation failure and misconduct due to Drug abuse (use).

890618:  CNMPC directed the applicant's discharge by reason of misconduct due to drug abuse (use) and characterization is type warranted by service record.

890707:  CO, NAVHOSP SAN DIEGO advises CNMPC applicant was discharged on 6 June 1989 with a characterization of service as Honorable.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 890706 with an Honorable 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).

Issue 1. The applicant requests deletion of line #28 of the discharge paper work (DD Form 214). A reason for discharge must be listed on the DD-214, and the Board determined the narrative reason for discharge listed on the applicant’s DD-214, was appropriate. Therefore, the applicant’s request listed in issue 1, will not be approved. Relief denied.

The applicant and his counsel also state, the applicant’s in the line of duty performance was highly effective, always receiving excellent evaluations but it was mismanagement of his off duty time and immature acts that caused him to fail at his military career. He received counseling for substance abuse, and anger management, during the past 11 years and has nine continuous years of employment. The applicant’s documents indicate he is a productive member of society. However, the reason for discharge was proper and equitable, and will remain: “Misconduct – Drug abuse (Use).” Relief denied.

 Pertinent Regulation/Law (at time of discharge)

 A. Navy Military Personnel Manual, (NAVPERS 15560A), Change 6, effective 11 Jan 89 until 13 Jun 90, 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 " afls10.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      


Similar Decisions

  • NAVY | DRB | 2004_Navy | ND04-01218

    Original file (ND04-01218.rtf) Auto-classification: Denied

    ND04-01218 Applicant’s Request The application for discharge review was received on 20040728. In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing. The summary of service clearly documents that alcohol rehabilitation failure was the reason the applicant was discharged.

  • NAVY | DRB | 2002_Navy | ND02-00536

    Original file (ND02-00536.rtf) Auto-classification: Denied

    ND02-00536 Applicant’s Request The application for discharge review, received 020321, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to medical. Dear Chairperson:After a review of the Former Service Members (FSM) DD Form 293 Application for the Review of Discharge or Dismissal from the Armed Forces of the United States and all of the evidence assembled for review, we continue to support the contentions as...

  • NAVY | DRB | 2004_Navy | ND04-00609

    Original file (ND04-00609.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. Identify an AA home group within 30 days of completing treatment. I recommend he be separated Under Other Than Honorable Conditions.”020808: Commander, Cruiser-Destroyer Group FIVE authorize the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse.

  • NAVY | DRB | 1997_Navy | ND97-01330

    Original file (ND97-01330.rtf) Auto-classification: Denied

    The Board recommended that the discharge be a general discharge and that the applicant be sent through Level III treatment. j. prior military service and type of discharge received or outstanding post-service conduct to the extent that such matters provide a basis for a more thorough understanding of the performance of the applicant during the period of service which is the subject of the discharge review; On 890810, the applicant was diagnosed as an alcohol abuser and recommended for...

  • NAVY | DRB | 2000_Navy | ND00-00735

    Original file (ND00-00735.rtf) Auto-classification: Denied

    No indication of appeal in the record.890317: Medical evaluation for alcohol/drug abuse found the applicant to be alcohol and cocaine dependent. Relief is denied.The applicant’s second issue states: “I received awards and decorations.” The NDRB found that despite receiving various unit awards that the discharge was proper and equitable as issued. The applicant’s fourth issue states: “My record of promotions showed I was generally a good service member.” The NDRB found the applicant’s...

  • NAVY | DRB | 1997_Navy | ND97-01328

    Original file (ND97-01328.rtf) Auto-classification: Denied

    ND97-01328 Applicant’s Request The application for discharge review, received 970828, requested that the characterization of service on the discharge be changed to honorable. The member will be advised that if he or she elects an administrative discharge board, nonjudicial punishments, courts-martial convictions and/or involvement(s) of a discreditable nature with civil authorities (when member is processed for this reason) occurring up to the announcement of the board’s findings and...

  • USMC | DRB | 2006_Marine | MD0600653

    Original file (MD0600653.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions). ), necessary corrective actions explained, sources of assistance provided, and advised being processed for administrative discharge action.040707: NJP for violation of UCMJ, Article 92: Failure to obey order, to wit: Regional order 1050.Violation of UCMJ, Article 134: Drunk and disorderly conduct, to wit: apprehended by civilian authorities...

  • NAVY | DRB | 2003_Navy | ND03-01207

    Original file (ND03-01207.rtf) Auto-classification: Denied

    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. At this time, the Board determined that the documentation submitted by the Applicant does not mitigate his misconduct while on active duty. The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge.

  • NAVY | DRB | 2002_Navy | ND02-00612

    Original file (ND02-00612.rtf) Auto-classification: Denied

    Patient (Applicant) s/p SARD for alcohol dependence. Recommendation: Continue AA meetings, weekly follow-up with medical officer, attend Stress Management weekly.000326: Applicant notified of intended recommendation for discharge general (under honorable conditions) by reason of misconduct due to a pattern of misconduct, commission of a serious offense and alcohol abuse rehabilitation failure. 000326: Applicant advised of rights and having elected not to consult with counsel certified...

  • NAVY | DRB | 2004_Navy | ND04-01048

    Original file (ND04-01048.rtf) Auto-classification: Denied

    Decision A documentary discharge review was conducted in Washington, D.C. on 20041103. Due to a positive urinalysis for cocaine during treatment, recommend Level III treatment. Navy Military Personnel Manual, (NAVPERS 15560A), Change 6, effective 11 Jan 89 until 13 Jun 90, Article 3630620, SEPARATION OF ENLISTED MEMBERS BY REASON OF MISCONDUCT DUE TO DRUG ABUSE.