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NAVY | DRB | 2001_Navy | ND01-00463
Original file (ND01-00463.rtf) Auto-classification: Denied


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

ex-FR, USN
Docket No. ND01-00463

Applicant’s Request
The application for discharge review, received 010227, 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 010817. 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 – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1. I wanted to get discharged upgraded for help at VA. Hospital with recout diabeties found in last "00" by Dr. J_ B_ my doctor. I can't afford test strips - needles, medicens or Dr. visits to get free medicenes.
I also want upgrade for help as outstanding citizen father & husband to get any need medical help or help to keep my first house bought shortly before my back injury which I could use help on back pain medicen "ultiam or any other helpful to back injury. I have applied for a SS disibility but no word on what the out come is. I would not swear to entry date being correct on DD 214 because I graduated in spring 1981 went to college 1 yr went into Navy on April 1983 and got out Nov. 7, 1986. Please consider my good service record & work while in service on the USS John King DD G-3. I had two different Capt's & XO's who may know more of my hard work. I would have styed on Navy if I had not have had the altercation of Pos. THC. P-Test. I told my Capt. XO why I needed leave & put in leave chit but did not get approved. I told them reason why in meeting with both to no avail. I told them my sister who served in Navy had a husband who was beating her while close to having son, this man also put a gun to her saying he was going to kill her and the kid. All the time I just wanted to go help her out of the situation I was divied so I failed P-Test so I could go home to help her. I now as of today still have a sister-nephew & she is Head of Heart _____ Lab UK Medical Center.
I looked at my DD 214 coy and notice that the #14 military education states I had no military Ed. I finished boot camp in San Diego, CAL. and immediately went to Engineman school in San Diego, CAL. I also took college coraspendences courses while at sea on USS JOHN KING DD G3 I cant exactly remember what courses were took but I did take them.
My firefighting school was taken in Norfolk, VA. While aboard USS JOHN KING DD G-3 and outstanding firefighting member aboard my ship. I really need records of my courses and applyied credits for personal use.
Also it says I was on #11 Electrical?Mechanical Equipment Repairman. I hope that includes Diesel Eng. Repair which I really was.
I also had big help in rescue of stranded boat at sea in extreme ruff weather where I boarded and assigned repair of boat and helping fwd part on storage and transfering from our ship to theirs for repairs. "Please Help"

 Documentation

In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Character reference from pastor of Mount Freeman Baptist Church dated January 11, 2001
Character reference from Chief of Police, City of Burgin dated January 8, 2001
Character reference from postmaster

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     840425 - 840426  COG

 Period of Service Under Review :
Date of Enlistment: 840427               Date of Discharge: 861107

 Length of Service (years, months, days):

         Active: 02 06 12
         Inactive: None

 Age at Entry: 21                          Years Contracted: 4

 Education Level: 12 1/2           AFQT: 50

 Highest Rate: FN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.20 (4)    Behavior: 3.30 (4)                OTA: 3.30

 Military Decorations: None

 Unit/Campaign/Service Awards: SSR

 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 :

860627:  NJP for violation of UCMJ, Article 92: Derelict in the performance of duties by failing to make his proper rounds on 23Jun86.
         Award: Forfeiture of $358.20 per month for 20 months, restriction for 13 days, reduction to FA. No indication of appeal in the record.

860709   Retention Warning: Advised of deficiency (Failure to stand a proper watch and failure to maintain the minimum percentage body fat.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

860815:  NJP for violation of UCMJ, Article 112A: Wrongful use of a controlled substance.
         Award: Forfeiture of $319 per month for 2 months, restriction and extra duty for 45 days, reduction to FR. No indication of appeal in the record.
860818:  Medical evaluation for drug abuse found the applicant has no current psychological or physical dependence to THC. Applicant possibly has psychologic dependence to alcohol but no physical dependence.
860904:  Substance Abuse Report: Marijuana abuse, one to three times a week Apr84 to Jul86. Urinalysis 29Jul86. Medical officer found applicant not dependent and recommended separation. SAC/NASAP/NDSAP/CAAC evaluation found the applicant dependent and recommended separation. Commanding officer recommended separation. Comments: SNM shows little potential for further useful naval service. No previous drug/alcohol related NJP's or civil convictions. Previous NJP 86Jun27 for violation Art. 92, dereliction of duty. SNM admits heavy drinking since age 16, granted pre-service drug waiver for marijuana use. SNM will be processed for admin discharge.

860904:  Applicant notified of intended recommendation for discharge under Other Than Honorable conditions by reason of misconduct due to Drug abuse and Obesity/weight control as evidenced by service record entries.
860904:  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.
861023:  Commanding officer recommended discharge under Other Than Honorable conditions by reason of misconduct due to Drug abuse and Obesity/weight control.

861029:  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 861107 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).

Issue 1. The applicant states he wants help from the VA with medical treatment and medicine. On the applicant’s separation physical exam standard form 93, he indicates he is in good health and is not on any medication. The applicant was discharged for drug abuse (he tested positive for marijuana). He was evaluated as not physically or mentally dependent on marijuana and separated from military service. There is no indication the applicant had any medical problems at the time of his discharge. The applicant’s discharge characterization does not prevent him from seeking medical treatment from the VA, however, any treatment he receives will be at the discretion of the VA. The discharge was proper and equitable. Relief denied.

 The following is provided for the benefit of the applicant. Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question. No such error or injustice occurred during the applicant’s enlistment. Additionally, 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 civilian life, subsequent to leaving the service. However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, 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. 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. Evidence of continuing educational pursuits, an employment record, documentation of community service, certification of non-involvement with civil authorities and proof of his not using drugs, are examples of verifiable documents that should have been provided to receive consideration for clemency, based on post-service conduct. The applicant did not provide any of these documents. He is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge. The applicant can provide additional documentation to support any claims of post-service accomplishments at that time. Legal representation at a personal appearance hearing is highly recommended but not required.

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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