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NAVY | DRB | 2001_Navy | ND01-00980
Original file (ND01-00980.rtf) Auto-classification: Denied


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

ex-ADAN, USNR
Docket No. ND01-00980

Applicant’s Request
The application for discharge review, received 010725, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. The applicant did not list any representative on the DD Form 293. In the acknowledgement letter to the applicant, he was informed that he was approaching the 15 year point for review by this Board and was encouraged to attend a personal appearance hearing in the Washington D.C. area. Subsequent to the application, the applicant converted to a personal appearance hearing and obtained representation by the American Legion.

Decision

A personal appearance discharge review was conducted in Washington, D.C. on 020423. After a thorough review of the records, supporting documents, facts, testimony, 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

1. (Equity Issue) This former member opines that his post service conduct has been sufficiently creditable to warrant the Board’s clemency relief as authorized under provisions of SECNAVINST 5420.174C, enclosure (1), paragraph 9.3.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of college degree
Professional letter of reference
Personal letter of reference

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: 820729-830615 (DEP)

 Period of Service Under Review :
Date of Enlistment: 830616               Date of Discharge: 871011

 Length of Service (years, months, days):

         Active: 04 03 26
         Inactive: 00 10 16

 Age at Entry: 18                          Years Contracted: 4 (12 month extension)

 Education Level: 12                        AFQT: 66

 Highest Rate: AD3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.43 (3)    Behavior: 2.98 (4)                OTA: 3.80

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 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 :

830617:  Applicant briefed on Navy's policy on drug and alcohol abuse.

841130:  NJP for violation of UCMJ, Article 112A: Wrongful use of THC, a controlled substance.
         Award: Restriction and extra duty for 14 days, reduction to ADAN. Reduction suspended for 6 months. No indication of appeal in the record.
870622:  Medical evaluation for drug abuse found the applicant to be a drug dependent.

870710:  NJP for violation of UCMJ, Article 112A: Wrongful use of THC, a controlled substance.
         Award: Forfeiture of $229 per month for 1 month (7 days pay for 1 month), restriction and extra duty for 14 days, reduction to ADAN. No indication of appeal in the record.
870728:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by the positive results (THC) of a random urinalysis conducted 28 May 1987 and confirmed by NAVDRUGLAB Jacksonville, FL message 101201z June 1987.
870728:  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.
870729:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

870804:  Substance Abuse Report: Marijuana abuse, 1 to 3 times per month Dec84 - Jul87, ashore off duty. Urinalysis May 1987. Medical officer found the applicant dependent and recommended separate via VA hospital. Commanding officer recommended separate. Comments: ADAN (applicant) has no potential for further useful service. Prior civil arrest: None. Prior NJP Art 112A: Awarded 14 days restriction, 14 days extra duty. This incident random urinalysis. Art 112A. Awarded: RIR to E3, 14 days restriction, 14 days extra duty, processed for admin sep.

870823:  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 871011 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 requested a change in discharge since his post service conduct has been sufficiently creditable to warrant the Board’s clemency relief. The applicant was found guilty on two separate occasions of violation of UCMJ Article 112a (wrongful use of THC). The Board carefully considered the applicant’s testimony, post service documentation, in addition to his official records, and determined that the applicant failed to sufficiently demonstrate that his post service conduct warrants a discharge upgrade. Noticeably absent from his post-service documents was verifiable proof showing he no longer uses illegal drugs. Further, the applicant provided two references who spoke well of his character. The applicant, however, did not sufficiently demonstrate that he volunteers his personal time towards community service. Relief is denied.

 Pertinent Regulation/Law (at time of discharge)

 A. Navy Military Personnel Manual, (NAVPERS 15560A), effective 15 Jun 87 until
10 Jan 89, 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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