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NAVY | DRB | 2001_Navy | ND01-00362
Original file (ND01-00362.rtf) Auto-classification: Denied


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

ex-YNSA, USN
Docket No. ND01-00362

Applicant’s Request
The application for discharge review, received 010129, 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 010615. After a thorough review of the records, 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 (verbatim)


1. Every since I've made that mistake the Lord has taken me and turned my life around. I am now an active member of the community thru my church home covenant Baptist Missionary Church. I am a good father and husband and I also have now held my present job for 13 years.

2. I realize now that it was an honor and a blessing to be able to serve my country, and am truly sorry that I failed at doing so. I was young and did not understand, but the experience has helped me become the man I am today. I thank you for the opportunity and apologize for the embarrassment.

3. Please forgive me, so even if the board turns down my request, I still would like to I'm sorry, for the Lord has shown me the way to forgiveness I hope you also can find it in your heart to forgive me also.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
None

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     850214 - 850311  COG

 Period of Service Under Review :
Date of Enlistment: 850312               Date of Discharge: 861223

 Length of Service (years, months, days):

         Active: 01 09 12
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 13 1/2           AFQT: 44

 Highest Rate: YNSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.50 (2)    Behavior: 2.50 (2)                OTA: 2.40

 Military Decorations: None

 Unit/Campaign/Service Awards: ASR

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 :

861126:  NJP for violation of UCMJ, Article 112A: Wrongful use of cocaine on 5Nov86.
         Award: Forfeiture of $358 per month for 2 months, restriction and extra duty for 45 days, reduction to YNSA. No indication of appeal in the record.
861128:  Substance Abuse Report: Cocaine abuse, October 1986, ashore off duty. Inspection urinalysis November 1986. Medical officer found applicant not dependent and recommended Level I treatment. Commanding officer recommended separation. Comments: SNM is a 19 year old with 20 mos TIS. Positive urinalysis Nov86. CO's NJP 26Nov86, Art 112A wrongful use cocaine, awarded for one half mos PPM for two months, 45 days rest and extra duty, RIR to YNSA, process for admin discharge (OTH). EAOS Mar89. SNM has poor potential for future naval service.
861201:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by wrongful use of cocaine.
861202:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
861211:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. Commanding officer’s comments: (verbatim): YNSA (applicant) reported to THEODORE ROOSEVELT in August 1986. YNSA (applicant) was warned of the consequences of drug abuse in the Navy at the time of his enlistment. I personally apprised him of the Navy's and THEODORE ROOSEVELT's policy against drug abuse shortly after he reported on board. YNSA (applicant) disregarded these warnings. He appeared at captain's mast on 26 Nov 86, for use of cocaine. TR cannot tolerate cocaine users. I recommend that he be discharged as soon as possible, with an other than honorable discharge.

861217:  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 861223 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, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).

In response to the applicant’s issues, the NDRB is authorized to consider post-service factors in the recharacterization of a discharge (D). However, 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 the civilian life subsequent to leaving the service. Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question. No such error or injustice is evident in the applicant’s service record. In addition, the applicant did not provide any documentation of his post-service. The applicant should have produced evidence of continuing educational pursuits, a verifiable employment record, documentation of community service, certification of non-involvement with civil authorities and proof of his not using drugs in order for consideration for clemency based on post-service conduct. Therefore no relief will be granted. The applicant is reminded that he is eligible for a personal appearance hearing provided the application is received prior to 23 Dec 2001. Representation at the hearing and supporting documents are highly recommended.
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 " 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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