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NAVY | DRB | 2001_Navy | ND01-00437
Original file (ND01-00437.rtf) Auto-classification: Denied


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


ex-PNSA, USN
Docket No. ND01-00437

Applicant’s Request
The application for discharge review, received 010222, requested that the characterization of service on the discharge be changed to honorable or general/under honorable conditions. 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 010907. 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, authority: NAVMILPERSMAN, Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues (verbatim)
1. (Equity Issue) This former member avers that multiple mitigating personal and family problems lead him to lie about using illegal drugs, which he did not do, in order to be discharged from the Navy. Since his separation, he has matured and now regrets his deception. On this basis, he requests the Board's relief.
2. (Equity Issue) This former member further requests that the Board include provision of SECNAVINST 5420.174C, enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of this application.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of Report of Medical Examination (2pgs)
Copy of Report of Medical History (2pgs)
 Copy of Membership Identification Card
Copy of DD Form 214
Copy of Evaluation Report & Counseling Record (2pgs)
 Copy of Enlisted Qualifications History
Copy of Seaman of the Quarter Recommendation Letter
Copy of Muscle Shoals State Technical College transcript (3pgs)
Copy of Navy Service School/Military Training Course Document
Copy of Personnel Qualification Standard Document
Copy of Enlisted Performance Record
Copy of High School Diploma
Copy of Certification of Birth Restriction/Social Security Card
Copy of Certificate of Merit (VFW and Ladies Auxiliary)
Copy of Certificate of Appreciation (Disabled American Veterans)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
          Inactive: USNR (DEP)     950210 - 950411  COG
Period of Service Under Review :
Date of Enlistment: 950412               Date of Discharge: 960802

 Length of Service (years, months, days):
         Active: 01 03 21
          Inactive: None
Age at Entry: 21                          Years Contracted: 4

Education Level: 12                        AFQT: 71
Highest Rate: PNSN

 Final Enlisted Performance Evaluation Averages (number of marks):
Performance: 3.00 (2)    Behavior: 2.00 (2)                OTA: 2.75

 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 3630620.
Chronological Listing of Significant Service Events :

960618:  Medical Record: Axis I: r/o Adjustment Disorder, ETOH Dependence vs Abuse, Marijuana Abuse. Axis II: r/o Personality Disorder NOS. Axis III: None. Admit to Medical with 1 to 1 watch, observe.
960620:  NJP for violation of UCMJ, Article 112a: Did, within the territorial limits of the United States, on or about January 1996 to on or about 960424 wrongfully use marijuana.
Award: Forfeiture of $490.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-2. No indication of appeal in the record.
960629:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse during current enlistment.
960629:          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.
960715:  Medical Officer's drug and alcohol abuse evaluation found the applicant to be psychologically dependent on drugs and alcohol.
960721:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

960730:  BUPERS 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 960802 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’s representative submitted the following as issue 1: “ (Equity Issue) This former member avers that multiple mitigating personal and family problems lead him to lie about using illegal drugs, which he did not do, in order to be discharged from the Navy. Since his separation, he has matured and now regrets his deception. On this basis, he requests the Board's relief.” T he Board found nothing in the records nor did the applicant submit any supporting documentation that showed that his personal and family problems were of sufficient magnitude that they could not be resolved through standard military channels or by the applicant's chain of command. The Board found that the applicant was sufficiently qualified for enlistment and should have used resources available to help him through the Navy vice creating a ‘deception’ to be released from duty. The Board does not know whether or not the applicant lied about using drugs but does know the applicant admitted use prior to his discharge. There is no evidence to refute this admission. The Board will not grant relief on the basis of this issue.
The applicant’s representative submitted the following as issue 2: (Equity Issue) This former member further requests that the Board include provisions of SECNAVINST 5420.174C., enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of his application. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge. 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. Outstanding 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, is considered. The applicant provided an identification card, a technical college transcript, a birth certificate and two certificates as documentation of his post-service. The applicant's efforts need to be more encompassing than those provided. The applicant should have produced more evidence of continuing educational pursuits, a verifiable employment record, 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. At this time the applicant has not provided sufficient documentation of good character and conduct. Therefore no relief will be granted. He is highly 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. Relief denied at this time.

Pertinent Regulation/Law (at time of discharge)
A . Navy Military Personnel Manual, (NAVPERS 15560C), Change 9/94, effective
22 Jul 94 until 02 Oct 96, 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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