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NAVY | DRB | 2001_Navy | ND01-00504
Original file (ND01-00504.rtf) Auto-classification: Denied


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


ex-MSSN, USN
Docket No. ND01-00504

Applicant’s Request
The application for discharge review, received 010308, requested that the characterization of service on the discharge be changed to general/under honorable conditions and the reason for the discharge be changed to medical 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 010710. 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. To Whom It Maybe Concerned, I (applicant) would like the board to review all my medical records. I were being consider for a medical review board. Doing the time I were TAD at US Naval Hospital Bethesda, Maryland. As of today, I have server problems with both of my feet. But I can't go to VA Hospital for treatment. VA hospital refuse me treatment due to my OTH discharge.
Please consider my medical records. I were being reviewed for medical board before allegations of drug abuse which lead to me receiving an other than honorable discharge. Having servere problems need medical attention ASAP
 Please submitted for all medical records
Podiatry clinic  Walter Reed      Branch Medical Clinic
Naval Hospital   OrthoClinic      Marine Corps Recruit Depot
 Bethesda, MD              Parris Island, SC 29905
All medical records need Thank you very much
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
          Inactive: USNR (DEP)     870129 - 891221  COG
Period of Service Under Review :
Date of Enlistment: 870309               Date of Discharge: 891221

 Length of Service (years, months, days):
         Active: 02 09 13
          Inactive: None
Age at Entry: 25                          Years Contracted: 4

 Education Level: 12                        AFQT: 29
Highest Rate: MS3

 Final Enlisted Performance Evaluation Averages (number of marks):
Performance: 3.80 (2)    Behavior: 3.90 (2)                OTA: 3.90

 Military Decorations: None
Unit/Campaign/Service Awards: NER, MUC

 Days of Unauthorized Absence: 2
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 :

870313:  Applicant briefed on Navy policy on drug and alcohol abuse.
870313:  Retention Warning: Advised of deficiency (4 th Class Swimmer qualified.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

880815:  Retention Warning: Advised of deficiency (Failure to meet financial commitments as evidenced by letters of indebtedness.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
881029:  Applicant to unauthorized absence 0730, 29Oct88.

 881031:  Applicant from unauthorized absence 0730, 31Oct88 (2 days/surrendered).
890609:  NJP for violation of UCMJ, Article 86: Unauthorized absence from appointed place of duty on 12May89.
         Award: Restriction and extra duty for 7 days, reduction to MSSN. Reduction suspended for 3 months. No indication of appeal in the record.
890919:  NAVDRUGLAB, reports applicant's urine sample received 890912, tested positive for cocaine.
891006:  NJP for violation of UCMJ, Article 112A: Wrongful use of a controlled substance, to wit: cocaine.
         Award: Forfeiture of $420 per month for 2 months, restriction and extra duty for 45 days, reduction to MSSN. No indication of appeal in the record.
891011:  Medical evaluation for drug abuse found the applicant to be psychologically dependent on alcohol.

891026:  Drug and Alcohol Abuse Report: Alcohol abuse, four to seven times a week, ashore off duty. Random urinalysis 890919. CAAC and physician found applicant dependent and recommended separate via VA hospital. Commanding Officer recommended separate via VA hospital. Comments: Member is a below average performer in all respects. CAAC and medical officer have determined that this member is not dependent on drugs but is dependent on alcohol. Commanding officer has determined member has no potential for further naval service and is processing for separation.
891026:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
891102:  Applicant advised of his rights and having consulted 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.
891107:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).
891126:  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 891221 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 issue, the Board found that a medical diagnosis on active duty or during post-service, and whether proper or improper, is not an issue upon which this Board can grant relief. When reviewing a discharge, the Board does consider the extent to which a medical problem, diagnosed or undiagnosed while on active duty, might effect an applicant's performance and ability to conform to the military's standards of conduct and discipline. The Board does not consider the circumstances surrounding the applicant's diagnosis or any medical treatment given to the applicant to be of sufficient nature to exculpate the applicant from his misconduct of record. In fact, the Board has seen no connection between the applicant's medical condition and his drug and alcohol abuse. Relief is not warranted.
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 any 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.

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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