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NAVY | DRB | 2001_Navy | ND01-00295
Original file (ND01-00295.rtf) Auto-classification: Denied


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

ex-AEAA, USN
Docket No. ND01-00295

Applicant’s Request
The application for discharge review, received 010116, 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 010829. 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 four to one that the character of the discharge shall not change. The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1.       My ability to serve was impaired by my youth and immaturity. Upon completion of high at Forman High School, in Manito, Illinois I was accepted to the University of Southern Florida. Because of my age and situations at home my father wouldn't let me go. I grew up in a very dysfunctional and alcoholic family and was severely depressed from the time my father remarried. I was very close to my father up to that point; when my stepmother came into the picture. I was no longer important to him. At that time I started drinking to escape the emotional pain that I was suffering from my loss (I was 11 years old). This started the path of destruction that I was on for the next 14-15 years. I still have emotional problems and grieve they loss of my father after all these years. I feel like a small child and would love to have a relationship with him, but he can't forgive himself for what he did to me and won't let me get close because he doesn't want to face the pain. I needed desperately to get out of the environment I was in because my stepmother was causing a lot of pain to me. She was verbally abusive and was ruining my relationship with my father. I couldn't stand the emotional pain, so I told my father if he wouldn't let my grandparents pay for me to go away to college, then I wanted him to sign for me to go into the Navy. He went to the Pekin, Illinois Navy recruiting office and signed for me to go into the Navy. I was 17 years old at the time and that told me that he wanted me out of the picture. My use of alcohol impaired my ability to serve. After boot camp I went to NATC NAS Millington for AE School. This is where my drinking increased to the point where I would black out, fall down the barracks stairs and end up in the hospital. I continued to drink to escape the pain I was going through. By this time I didn't care about anything or anyone, especially myself. I had no respect for anything or anyone. I drank away all of my money. I would rent my truck on weekends for drinking money. When I didn't have money I would find any way to get my next drink so I could numb the pain. I wasn't aware of morals whatsoever.
3. My use of drugs compounded with alcohol abuse severely impaired my ability to serve when I was transferred to NAS Lemoore, CA. By this time the alcohol no longer had the same affect. I was very upset after coming back from leave for my Grandmother's funeral. This was the first time I saw my father after enlistment and nothyin had changed. He was too wrapped up in his relationship to take time to be with me. When I returned to NAS Lemoore I was introduced to what became a nearly fatal obsession. A military person that I was seeing introduced me to methamphetamines. I was hooked on him and the drug the first time I used. I had tried to commit suicide prior to meeting him and was sent to the Naval Hospital in Oakland for psychiatric treatment. This man and the drug were my way to cope with my pain and still live life. I had seen and been to many places with him and I guess they wanted to get rid of me. I ended up almost dead in the hospital after using with him, but he hadn't used out of the stuff I did. My commanding officer came into the hospital and told me there was strychnine in the drugs I used and asked me if I wanted to make a statement. I told the guys name and we both went to the brig. While I was in there, I found out I was 3 months pregnant with his child. There would have been complications, so it was suggested that I get an abortion, then I was discharged. I was never put in a treatment program. I was given Xanax for mental problems from a doctor in the Naval hospital and became addicted to that also, while in Lemoore.

4. Psychiatric problems impaired my ability to serve. I was very depressed and suicidal when I returned from my Grandmother's funeral. This was when I ended up in Oakland Psych. Ward, and given meds for depression. When I was released after trying to commit suicide is when I met the man that started giving me drugs. He told me it would make the pain go away, and it would for a while. The addiction had taken over my life and I was not able to get out of it for a long time. It took four years after discharge to surrender to something other than drugs.

5. To this day, I still have to take medication for depression. The medications I take now are not addictive, and I don't take mind-altering substances. I was told that the Naval doctor should have never put me on Xanax, which is what started the drug addiction.

6. Since November 1, 1998 1 have not touched a drink or a drug after attending outpatient treatment in Pekin, IL. I am an active member in AA and in very good standing. I am the intergroup representative for my home group, Pekin Serenity, and have been chairing meetings for over a year. I am forever grateful that I was introduced to the program and wish it had been sooner, but my life story has been encouraging and inspirational to other alcoholics and addicts that are struggling to recover from the fatal obsession that takes many lives. I have lost friends to the disease and almost lost myself. The things I struggle with today are trying to find that job that will help to support my son and myself. I've been working on an Associate's degree in Industrial Electricity and have almost accomplished it. I recently had a minor setback that was due to my drinking and drug usage. I had a test that came back as elevated for my liver, kidney and gall bladder. I have been sick for 2 years. On December 29, 2000, Dr Scott Reid of Peoria, Illinois removed my gallbladder and told me I was very lucky, and told family members I was lucky it hadn't ruptured. Because I had been sick and missed work for appointments with the Doctor, I was put on Medical leave and asked to resign (I didn't). Then they determined me because they said Exhausted my medical leave of absence. This was very upsetting, but I haven't drank or used over it. I have an interview coming up with Caterpillar Inc. as a Service Information Engineer in the Electronics department. The one thing that could keep me from getting this position is my undesirable discharge. I am pleading and would be forever grateful if you would consider changing my discharge to Honorable, so I could start providing for my son and myself the way I would like to. I feel that my past has haunted me long enough and I have made a lot of progress in my life except financially, because of my discharge. It has kept me from getting various jobs that I was more than qualified for. As soon as they know I was in the Navy, they want to see my DD214, and when I show them they see misconduct and that it wasn't honorable. That messes up and chances of getting a good paying job. I need to move on in a positive direction with my life, but my past is holding back from using my full potential. I am sincerely sorry for bringing all of my family problems into the Navy with me and I want to apologize on behalf of the other recovering alcoholics and addicts that have caused turmoil within the military. In no way am I trying to excuse the things I've done, or try justifying them. All I can do is the next right thing and leave the up to God. I've made my ahnbmends and wish I could go to each and every person I did wrong while in the Navy, but I don't think I could remember all of them or their names.

Thank you for hearing me out.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Letter from applicant dated May 11, 2001
Copy of Alcohol and Drug Evaluation Report Update (4 pages)
Character reference dated October 13, 1998
Character reference dated October 13, 1998
Letter from Tazwood Center for Human Services, Inc dated February 25, 1999
Letter to applicant from Office of the Secretary of State dated September 18, 2000
Letter to applicant from Office of the Secretary of State dated March 17, 2000
Copy of Illinois Central College transcript
Copy of certificate dated August 20, 1997
Copy of certificate of achievement dated April 28, 1999
Copy of certificate of award dated July 1, 1999
Copy of ordain certificate for applicant dated May 19, 2000
Copy of credentials of ministry dated March 9, 2001
Copy of invoice dated March 9, 2001

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     910703 - 910715  COG

 Period of Service Under Review :
Date of Enlistment: 910716               Date of Discharge: 940314

 Length of Service (years, months, days):

         Active: 02 07 29
         Inactive: None

 Age at Entry: 17                          Years Contracted: 4

 Education Level: 12                        AFQT: 76

 Highest Rate: AEAN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.30 (2)    Behavior: 3.20 (2)                OTA: 3.30

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 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 3630600.

 Chronological Listing of Significant Service Events :

910723:  Applicant briefed on Navy's policy on drug and alcohol abuse.

920527:  NJP for violation of UCMJ, Article 121: Wrongfully steal a Sharp VCR from another service member, a value of $276.00 on 9Mar92.
         Award: Forfeiture of $440 per month for 2 months, correctional custody for 30 days. No indication of appeal in the record.
920603:  Retention Warning: Advised of deficiency (Larceny of a Sharp VCR from another service member, a value of $276.00 on 9Mar92.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
        
930512:  NJP for violation of UCMJ, Article 92 (2 specs): (1) Disobey lawful order by being in male barracks after curfew on 3Apr93, (2) Disobey lawful order by not producing a proper military identification care and not identifying herself as a military member all while claiming a falsified identity on 3Apr93.
         Award: Forfeiture of $474 per month for 1 month, restriction and extra duty for 15 days, reduction to AEAA. Reduction suspended for 1 month. No indication of appeal in the record.
930805:  NJP for violation of UCMJ, Article 112A: Wrongful use possession of controlled substance on 27Jul93, violation of UCMJ, Article 134: General article (inflicting self injury by ingesting a controlled substance on 27Jul93.
         Award: Restriction and extra duty for 14 days. No indication of appeal in the record.
930910:  Drug and Alcohol Abuse Report: Drug (other) abuse ashore off duty 12Aug93. CAAC recommended separate not VIA VA hospital. Clinical psychologist found applicant not dependent and recommended separate from service not via VA hospital. Commanding officer recommended separate not via VA hospital. Comments: Attempted suicide with prescription drug overdose of Motrin on 28Jul93 due to a denial of an early separation from military service. NJP results on 12 Aug 1993: 14 days restriction and 14 days of extra duty. Past work record is poor. Shows no potential fo further service.

931112:  NAVDRUGLAB, Oakland, CA reports urine sample received 4Nov93, tested positive for amphetamine and methamphetamine.

931202:  NJP for violation of UCMJ, Article 112A: (1) Wrongfully use of amphetamine on 25Oct93 (2) Wrongfully use methamphetamine.
         Award: Forfeiture of $456.60 per month for 2 months, restriction for 60 days, reduction to AEAA. No indication of appeal in the record.
931207:  Drug and Alcohol Abuse Report: Amphetamines abuse 18Nov93, ashore off duty. Random urinalysis. Physician found not dependent and recommended for separation not via VA hospital. Commanding officer recommended separation not via VA hospital.

940104:  Drug dependency diagnosis: Episodic amphetamine abuse/dependent personality. Recommend admin sep and psychiatric evaluation and possible psychiatric treatment.

940110:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to pattern of misconduct, commission of a serious offense and drug abuse as evidenced by:
 (a) Commanding Officer's Nonjudicial punishment of 2 December 1993, for violation of UCMJ Article 112a (wrongfully us amphetamine.
(b) Commanding Officer's Nonjudicial punishment of 12 May 1993, for violation of UCMJ Article 92 (failure to obey order, regulation).
(c) Commanding Officer's Nonjudicial punishment of 2 May 1992, for violation of UCMJ Article 121 (larceny).
940111:  Applicant advised of her rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
920203:  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had committed a pattern of misconduct, commission of a serious offense and drug abuse, that the misconduct warranted separation, and recommended discharge under other than honorable conditions.
940214:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to pattern of misconduct, the commission of a serious offense, and drug abuse.

940301:  BUPERS directed the applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 940314 under other than honorable conditions for misconduct due to commission of a serious offense (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 Board found that the applicant's age, education level, and test scores qualified her for enlistment. While she may feel that her immaturity and family problems were factors that contributed to her actions, the record clearly reflects her willful disregard for the requirements of military discipline and demonstrated that she was unfit for further service. The record is devoid of evidence that the applicant was not responsible for her conduct or that she should not be held accountable for her actions. Relief denied.

In response to applicant’s issues 2 and 3, the Board sympathizes with the applicant and her personal problems, to include the alcohol abuse, use of illegal drugs and her unhappy relationship with her father. However, the violations of the UCMJ, ensuing punishment at NJP and subsequent separation from military service with an Other Than Honorable discharge, were proper and equitable. The applicant’s misconduct was a demonstration of total disregard for Navy regulations and the discipline, which is the backbone of the military service. The applicant must accept the consequences of her misconduct. Relief is not warranted.

In response to applicant’s issue 4, a clinical psychologist found that the applicant did have a bipolar disorder but also determined that the disorder was not severe and that the applicant was fit for duty. The applicant should have consulted a chaplain or utilized family service support at NAS Lemoore to obtain help solving her personal problems instead of turning to illegal drugs. The applicant was aware of the Navy zero tolerance for drug abuse policy, but she made a conscious decision to use them anyway. The Board will not grant relief concerning this issue.

In response to applicant’s issue 5, the Board determined this is a non-decisional issue and requires no further comment. Relief denied.

In response to applicant’s issue 6, o utstanding post-service conduct, 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, can be considered. In determining whether a case merits a change based on post-service conduct, the NDRB considers the length of time since discharge, the applicant's record of community service, employment, conduct, educational achievements, and family relationships. NDRB experience has shown that applicants with less than five years sobriety usually have not had sufficient opportunity to demonstrate continuing, positive contributions to society. The applicant has provided some documents to support her claim of post-service accomplishment as a reason for upgrading her discharge but does not have sufficient documentation to warrant the upgrade. The applicant is encouraged to continue her pursuit to establish herself as a creditable and productive member of her community and to document all of her accomplishments. She is reminded that she remains eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. Representation at a personal appearance hearing is highly recommended. The possibility of favorable action in the applicant’s case will increase with the amount of time she maintains an alcohol and drug free lifestyle. Relief denied.

Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 5, effective
05 Mar 93 until 21 Jul 94, Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – COMMISSION OF A SERIOUS OFFENSE.

 B. Under the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Article 112a, for wrongful use of a controlled substance, if adjudged at a Special or General Court-Martial.
C. 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.

D. 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.

E. 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      

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