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NAVY | DRB | 2001_Navy | ND01-00843
Original file (ND01-00843.rtf) Auto-classification: Denied


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

ex-FR, USN
Docket No. ND01-00843

Applicant’s Request
The application for discharge review, received 010611, requested that the characterization of service on the discharge be changed to general/under honorable conditions. The applicant requested a documentary record discharge review. The applicant did not list any representative on the DD Form 293. Subsequent to the application, the applicant obtained representation by the Disabled American Veterans.

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

1. I would like the board to review and reconsider my discharge because prior to the incident, I had an exemplary record since my discharge I have made a major improvement in my life.

I have attached 2 letters of reference and 1 narrative explaining my request.

 2. Dear Chairperson:

 After a review of the Former Service Members (FSM) DD Form 293 Application for the Review of Discharge or Dismissal from the Armed Forces of the United States and all of the evidence assembled for review, we continue to note the request of the appellant of an upgrade of his Under Other Than Honorable discharge to that of a General, Under Honorable Conditions discharge, allowing for equitable relief.
The records reflect the FSM served in the United States Navy from January 24, 1996 to May 13, 1997, with a narrative reason for separation as misconduct, due to drug abuse. This reflects a I year 3 month period of active service with (2) letters of commendation, with numerous other decorations and citations. The quality and length of this good service must be taken into consideration.
In addition the FSM has submitted two letters of reference, and one narrative letter of explanation, in the hopes of assisting the board to achieve a favorable resolution.
In light of the FSM's request we ask that in the course of the discharge review, if it is determined that the policies and procedures under which that applicant was discharged differ in material respects from policies and procedures currently applicable on a service wide basis to discharges of the type under consideration that full consideration be given to a change of the current discharge on the basis of equity in accordance with SECNAVINST regulations.
We ask for the board’s careful and sympathetic consideration of all the evidence of record used in rendering a fair and impartial decision. These issues do not supersede any issues previously submitted by the applicant.
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Letter from applicant (2 copies)
Character reference dated March 13, 2000 (2 copies)
Character reference dated March 8, 2000 (2 copies)
Copy of DD Form 214
Copy of Evaluation Report and Counseling Record dated July 9, 1996
Copy of citation for period of 26 through 30 August 1996
Copy of letter re: selection as a Distinguished Military Graduate dated May 1, 1996

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     951228 - 960123  COG

 Period of Service Under Review :
Date of Enlistment: 960124               Date of Discharge: 970513

 Length of Service (years, months, days):

         Active: 01 03 20
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 49

 Highest Rate: FA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (1)    Behavior: 3.00 (1)                OTA: 3.00

 Military Decorations: None

 Unit/Campaign/Service Awards: AFSM, AFEM, SSDR, NATO

 Days of Unauthorized Absence: 37

 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 :

970410:  Psychiatric evaluation. Diagnosis: Axis I: alcohol dependence, in partial remission; cannabis dependence.
         Axis II: borderline personality disorder.
         Recommended Level III rehabilitation treatment and expeditious administrative separation based on long standing personality disorder.

970417:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 2100, 13Mar97 to 1330, 10Apr97 (37 days/surrendered), violation of UCMJ, Article 112A: Wrongful use of marijuana on 8Apr97.
         Award: Forfeiture of $505 per month for 2 months, restriction and extra duty for 45 days, reduction to FR. No indication of appeal in the record.
970424:  Drug and Alcohol Abuse Report: Marijuana use, ashore off duty. Random urinalysis 970417. Commanding officer recommended separation not via VA hospital.
970513:  DD Form 214: Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

Discharge package missing from service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 970513 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).

Issues 1 and 2. The Board found that his performance prior to the drug abuse doesn’t mitigate his use of illegal drugs. The applicant used illegal drugs. The applicant stated on 970410 during a psychiatric evaluation that he had used marijuana the “whole time I’ve been in the Navy.” Subsequently, the applicant failed a urinalysis test conducted 970417. Drug abuse warranted processing for separation, normally under other than honorable conditions. The discharge was proper and equitable. Relief denied.

The applicant’s discharge characterization accurately reflects his service to his country. 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. The applicant did not provide sufficient documentation to warrant an upgrade to his discharge. 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. Relief denied.

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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