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NAVY | DRB | 2001_Navy | ND01-00389
Original file (ND01-00389.rtf) Auto-classification: Denied


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

ex-MSSN, USN
Docket No. ND01-00389

Applicant’s Request
The application for discharge review, received 010207, 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 010629. 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 HONORABLE CONDITIONS (GENERAL)/Misconduct – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1. DRUG ABUSE USE, MISCONDUCT

PAGE 1 PARAGRAPH 1 - THE MISUSE OF DRUGS PERIOD IS AN IMPROPER BEHAVIOR FOR ANY PERSON I WANT THE BOARD TO KNOW I HATE DRUGS NOW AND THAN. MARRIAL PROBLEM AND IMMATURITY CAUSE ME TO STEER OFF THE WRONG WAY. THAT YEARS "88 TO 89" WAS THE WORST EVER FOR ME. I HAD A OUTSTAND CARREEER AS YOU CAN SEE IN THE EVALUATION REPORTS.

2. ADMIN WARNING (BUTTERFLY KNIF)

PAGE 1 PARAGRAPH 2 - THE KNIFE WAS A GIFT I BROUGHT IN THE PHILLIPINES ON THE WAY BACK ON THE SHIP WHILE IN MY BAG (IN VISION) TEH MASTER OF ARM WROTE ME UP. I EXPLAINED OVER AND OVER I HAD JUST PURCHASED IT AS A GIFT. I DIDN'T KNOW. TEN MONTHS BEFOR I WAS RECOMMENDED FOR ADVANCEMENT TO MS2 (E-5) KNOW WAY I WOULD HAVE JEOPARDIZE E-1 TO E-5 WITHIN FOUR YEARS. BEFOR AND AFTER I WAS AN EXTREM DEDICATED WORKER FR THE US NAVY. I LOVED THE MILITARY.

3. TWO ISOLATED EVENT CHANGE MY LIFE

PARA 1, PARAGRAPH 3 - I WAS TOLD OVER AND OVER THAT I WAS GOING TO BE THE SR. CHEIF OF THE NAVY BY MY PEERS AND SUPRVISOR. TO DAY I BELIEVE THE ISOLATED EVENT MADE ME THE PERSON I AM TODAY I COUNSEL 100'S OF ADJUDICATED YOUTH AND I'M PROUD TO SAY HAVEING OTHER TURN THEIR LIFE AROUND IS ONE OF THE BEST FEELING IN THE WORLD.

4. GROUP THERAPY

PAGE 2 PARAGRAPH 1- HEAD SUPERVISOR AT THE OKALOOSA YOUTH ACADEMY IN CRESTVIEW FL. PREPARE ME FOR LIFE. WHILE HOLDING THESE GROUPS FOR UNDERPRIVILLEGED YOUTHS.I LEARNED HOW TO REDIRECT MY LIFE AND THE YOUTH OF TOMMRROW TO BE PRODUCTIVE PERSONELS IN TODAYS SOCIETY THROUGH DRUGS, BEHAVIOR, EDUCATION AND RESPONSIBILTY.(GOD GAVE ME THESE CHANGES TO GIVE BACK)

5. RESPONSIBILITY

PAGE 2 PARAGRAPH 1- I LEARNED THE VALUE OF LIFE THE PAST TEN YEARS.I HAVE BEEN EMPLOYED AS A MAIL MAN SIX YEARS (I HAD TO RESIGN DO TO MY WIFE RELOCATION IN THE AIR FORCE) THE DEPARTMENT OF JUVENIL JUSTICE (SUPERVISOR) AND NOW ASST. G.M. OF DAYS INN HOTEL.BEING IN MANAMENT THE PAST SIX YEARS I VE LEARNED TO BE PRODUCTIVE IN LIFE.

6. CHILDREN

PAGE 2 PARAGRAPH 1 - I HAVE TWO SONS NOW (AGE 11 AND 12). BOTH ARE HONOR ROLL STUDENTS MY FATHER PAST AWAY JAN 10 -01 AND IT MADE ME LOOK AT LIFE TOTALLY DIFFERENTLY.I LEARN EVERY DAY AND I AM HERE TO GIVE BACK TO MY SON. DRUGS WILL NEVER BE EPART OF MY LIFE. I HAVE TO MUCH TO LOSE.

7. EXTENSION

PAGE 2 PARAGRAPH 1-IN 1987 1 WAS ON THE VERG OF RECEIVING A HONORABLE DISCHARGE AFTER MY FIRST FOUR YEARS BUT MY CHIEF ASKED ME TO EXTENDED TWO MORE YEARS SO I GAVE UP MY HONORABLE DISCHARGE AND EXTENDED TWO MORE THAN THE PROBLEM BEGAN. I DID FOUR OUTSTANDING YEARS.1 WAS UP FOR E-5 IN FOUR YEARS.

8. EMPLOYMENT

PAGE 2 PARAGRAPH 1- THE TYPE OF JOBS I WANT I CAN'T GET.SEE I WANT TO BE THE BEST NOT JUST GOOD ANY MORE. PLEASE HELP ME THANK YOU AND GOD BLESS YOU ALL.
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Copy of DD Form 215
Birth certificates of applicant's two sons
Certificate of Completion from Florida Department of Juvenile Justice dated December 1998
Postal Service certificate dated November16, 1990
Certificate of Appreciation for Outstanding Volunteer Service
Daily news article
Promotion to lead youth care and supervisor dated January 26, 1999
Employee of the Quarter dated August 13, 1999
Memorandum for recommendation undated
Memorandum for referral dated February 23, 1998
Resignation from postal service effective date November 1, 1996
Paper article (Youth Basketball Camp)
Copy of Arise Health, Safety and Success participation certificate
Certificate of Training dated September 2, 1997
Certificate of appreciation (youth program) dated May 31, 1997
Certificate of Training dated April 18, 1997
Days Inn Assistant General Manager card
Member of New Life N.D. Church

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: 830628               Date of Discharge: 890726

 Length of Service (years, months, days):

         Active: 06 00 29
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4 (28 months extension)

 Education Level: 12                        AFQT: 38

 Highest Rate: MS3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.50 (8)    Behavior: 3.35 (8)                OTA: 3.60

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR with Bronze Star, NEM, MUC

 Days of Unauthorized Absence: None

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

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

 Chronological Listing of Significant Service Events :

830630:  Applicant signed USN Drug Abuse Statement of Understanding.

 860421:  NJP for violation of UCMJ, Article 92: Violate a lawful general regulation by having in his possession a butterfly knife on 31Mar86.
         Award: Forfeiture of $100 per month for 1 month, reduction to MSSN. Reduction suspended for 6 months. No indication of appeal in the record.
860421:  Retention Warning: Advised of deficiency (Misconduct and violate a lawful general regulation.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

880526:  NAVDRUGLAB [Oakland, CA], reported applicant’s urine sample, received 880426, tested positive for cocaine.
880610:  NJP for violation of UCMJ, Article 112A: Wrongfully use cocaine on 26Apr88.
         Award: Forfeiture of $446 per month for 2 months, extra duty for 45 days, reduction to MSSN. No indication of appeal in the record.
880627:  Drug and Alcohol Abuse Report: Cocaine abuse. Random urinalysis 880426. CAAC found applicant not dependent and recommended Level I treatment. Commanding officer recommended retention. Comments: Past performance has been at a steady level in all areas. Present performance has been acceptable with the acception of noted comments in supervisors input on obeying military rules and regulations, all other areas of SNM performance have been acceptable or above average which shows a positive potential for further naval service.
881031:  NAVDRUGLAB [Oakland, CA], reported applicant’s urine sample, received 881019, tested positive for cocaine.

881118:  Drug and Alcohol Abuse Report: Cocaine abuse. Surveillance urinalysis 881019. CAAC found applicant not dependent and recommended separation not via VA hospital. Commanding officer recommended separation not via VA hospital. Comments: SNM's past performance has been equal to those with his rate at this command, present performance has shown a continuous decline due to misconduct and substandard performance. SNM has not shown to have positive potential for further naval service.
890110:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse and misconduct due to commission of a serious offense.
890110:          Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
890119:  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, that the misconduct warranted separation, and recommended discharge under honorable conditions (general).

890602:  Medical evaluation for drug and alcohol abuse found the applicant to be a drug and alcohol abuser, not dependent. Recommend Level I or II treatment.

890616:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use) and commission of a serious offense. Commanding officer’s comments (verbatim): I strongly agree with the findings and recommendation of the Administrative Discharge Board that MSSN (applicant) should be separated from the Navy. MSSN (applicant's) two uses of cocaine, once while in an aftercare status show a total disregard for the policies of the Navy. I disagree, however, with the characterization of the discharge. Multiple instances of drug use warrants a discharge under other than honorable conditions.

890712:  CNMPC directed the applicant's discharge under honorable conditions (general) by reason of misconduct due to drug abuse (use).

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 890726 under honorable conditions (general) 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).

In the applicant’s issue 1, the Board found that the applicant’s age, education level, and test scores qualified him for enlistment. While he may feel that his immaturity was a factor that contributed to his action, the record clearly reflects his willful disregard for the requirements of military discipline and demonstrated that he was unfit for further service. The record is devoid of evidence that the applicant was not responsible for his conduct or that he should not be held accountable for his actions.

In the applicant’s issue 2, the applicant states that he was brought to NJP for possession of a butterfly knife, which he explains “was a gift I brought in the Philipines on the way back on the ship.” The Board found that the applicant was processed for administrative separation after 2 additional positive urinalysis for cocaine. His NJP for possession of a butterfly knife was therefore taken into account when he was processed for separation, since he had clearly established a pattern of misconduct at this point. The Board found that the applicant’s characterization as under honorable conditions (general) was equitable based on his repeated misconduct, therefore relief is not warranted based on this issue.

 In the applicant’s issues 3, 4, 5, 6 and 8 the applicant is reminded that there is no law or regulation that provides for the upgrade of an unfavorable discharge based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the Service. However, the Board is authorized to consider post-service factors in the recharacterization of a discharge (D). Those factors include, but are not limited to, the following: evidence of continuing educational pursuits (transcripts, diplomas, degrees, vocational-technical certificates), a verifiable employment record (Letter of Recommendation from boss), documentation of community service (letter from the activity/community group), certification of non-involvement with civil authorities (police records check) and proof of his not using drugs (detoxification certificate, AA meeting attendance or letter documenting participation in the program) in order for consideration for clemency based on post-service conduct. At this time, the applicant has not provided sufficient documentation of good character and conduct. Therefore no relief will be granted. The applicant is encouraged to continue with his pursuits and is reminded that he is eligible for a personal appearance hearing provided the application is received within 15-years from the date of discharge.

The applicant’s issue 7 is a non-decisional issue. The Board will not grant relief based on a non-decisional issue.

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      


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