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NAVY | DRB | 2001_Navy | ND01-00820
Original file (ND01-00820.rtf) Auto-classification: Denied


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

ex-SN, USN
Docket No. ND01-00820

Applicant’s Request
The application for discharge review, received 010530, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a personal appearance hearing discharge review before a traveling panel closet to Wheeling, WV. The applicant did not list any representative on the DD Form 293. In the acknowledgement letter to the applicant, he was informed that the Naval Discharge Review Board (NDRB) does not travel, all hearing are held in the Washington, DC Area. The Naval Discharge Review Board (NDRB) also advised that the board first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 011214. 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. In December of 1993, I was discharged under "other than honorable" conditions. This was the result of a positive test for marijuana, I did not, nor did I plan to dispute this finding. I made a mistake in judgment and paid the price for it.

Up until making this judgment error, I had a perfect military record. You would be hard pressed to fine an instance where I was so much as written up for any type of misconduct. In fact, I was only a couple of months away from qualifying for my first "good conduct" award. Moreover, at the time of my discharge, there was paperwork in place for my promotion to division leader petty officer for the USS Bainbridge (CGN-25) Reactor Controls Division Three. Up until the latter part of 1993, I was a happy hard-working, fast-qualifying reactor operator with a bright future in the Navy's very challenging nuclear field. Everything seemed great, except on the inside.

1993 was very difficult year in my personal life. My parents, who had been married for 30 years, were going through a difficult divorce. My grandmother, with whom I was very close, was dying. I was hundreds of miles away feeling completely helpless as my personal life was falling apart. I had always felt that I was strong enough to handle anything that life threw at me. Apparently, I was mistaken.

The stress caused by these factors, coupled with the ongoing on the job stress of being a nuclear operator did get to me. I started seeing a new girlfriend who was not a positive influence. I began drinking heavily and hanging out with the wrong crowds. And, I smoked marijuana.

Trying to explain to my father, who had always been extremely proud of his "perfect" son, on Christmas Eve, that I had just been discharge from the Navy for doing drugs, was the hardest thing I've ever done in my life. It made me step back and take a good, hard look at my life.

With the help of a very close and loving family support group, I very quickly returned to form, I never did drugs again.

Within three months, I started a well paying job at an oil refinery as an operator. My operations background in the Navy was instrumental in landing such a good job. I had to pass a drug test to get it.

I've been at the same refinery ever since. I've moved from Operations, to Maintenance, as an Instrumental Technician, again thanks to Naval training, to Management as the Training Coordinator. We are subject to random drug tests. I've taken and passed many.

I am happily married with two lovely children. My life turned into a success story. But I have that black mark on my past that continues to haunt me, I fell once.

I've worked very hard to get my life and my mind straight. I'm a good husband; a good father and I enjoy my job.

I respectfully request that my discharge be changed to honorable so I can receive my Montgomery GI Bill benefits. I wish to pursue an MBA, and these benefits would help greatly in defraying the cost of resuming my education.

I would certainly understand if I were denied this request. Because of my inability to handle stress 8 years ago, I became a liability to the service that I loved. I had planned on making the Navy my career. Not fulfilling that dream was the high price I paid for my mistake. I am sorry. I will always be sorry for what I missed out on. Please help me continue to make my life a success story.

Your consideration in this matter will be greatly appreciated. Thank you.


 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Letter from Applicant (2pgs).

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     891130 - 900128  COG

 Period of Service Under Review :
Date of Enlistment: 900129               Date of Discharge: 931224

 Length of Service (years, months, days):

         Active: 03 10 26
         Inactive: None

 Age at Entry: 23                          Years Contracted: 4 (24 months extension)

 Education Level: 12                        AFQT: 91

 Highest Rate: ET2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.00 (2)    Behavior: 4.00 (1)                OTA: 3.90

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, CGSOSR

 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 :

931123:  NAVDRUGLAB NORFOLK, VA urinalysis report indicates applicant tested positive for THC.

931201:  Applicant freely admitted to Investigating Officer Lt A____ P_____ to having used marijuana on the weekend of 931113 when he went to Richmond to visit some friends and during the course of that visit he smoked marijuana on two occasions.

931202:  NJP for violation of UCMJ, Article 112a: Wrongful use of a controlled substance, to wit: THC.
         Award: Forfeiture of $563.10 per month for 2 months, restriction for 45 days, reduction to E-4. No indication of appeal in the record.
931207:  Medical evaluation states applicant used marijuana approximately 10 times prior to entry into navy. Used it once 3 years ago and again approximately one month ago and a few times since. ET3 S____ denies problems quitting, also states he may use it again. Diagnosis: Possible Psychological Dependency. Recommend VA Rehabilitation after discharge.

931206:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by all drug incidents in your current enlistment.
931206:  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.

931207:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

931213:  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 931224 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 NDRB considered the applicant’s letter that described the circumstances surrounding his discharge. There is no evidence that the matters of extenuation and mitigation were not considered at the time of separation. The applicant requested the discharge be changed so he may obtain VA benefits. The NDRB will not change a discharge unless there is an impropriety or inequity. The Board found the Other Than Honorable discharge accurately describes the applicant’s service. Relief is denied.

 The NDRB is authorized to consider post-service factors in the re characterization of a discharge. 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, may be considered by the NDRB. The applicant failed to provide documentary evidence to demonstrate his sobriety, positive community service, employment history, and clean police record. Relief is not warranted.

The applicant remains eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. Representation at personal appearance hearing is recommended .

Pertinent Regulation/Law (at time of discharge)

 A . Navy Military Personnel Manual, (NAVPERS 15560C), Change 5/93, effective
05 Mar 93 until 21 Jul 94, 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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