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NAVY | DRB | 2002_Navy | ND02-00169
Original file (ND02-00169.rtf) Auto-classification: Denied


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

ex-SA, USN
Docket No. ND02-00169

Applicant’s Request
The application for discharge review, received 011210, requested that the characterization of service on the discharge be changed to honorable. The Applicant requested a personal appearance hearing in the Washington National Capital Region. The Applicant listed the Veterans of Foreign Wars as the representative on the DD Form 293. The Applicant changed his request from honorable to general (under honorable conditions) at his personal appearance hearing.

Decision

A personal appearance discharge review was conducted in Washington, D.C. on 021022. 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 at time of discharge. However, after consideration of the Applicant’s post-service documentation the Board determined that relief was warranted. The Board voted three to two that the discharge characterization shall change. The discharge shall change to: UNDER HONORABLE CONDITIONS (GENERAL)/Misconduct – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.



PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1. (Equity Issue) Submitted at the time of hearing. Veterans of Foreign Wars Representative requested this former service member be considered for an upgrade to (general) under honorable conditions based upon post service conduct.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
IRS (Exempt Organizations) letter dated September 19, 2002 (4 pages)
Crossroads of Life Ministry Statement (undated) (2 pages)
Employment/Character reference dated February 20, 2001
Character reference from Pastor, World Outreach Praise & Worship Center dated October 16, 2001
Job reference dated March 23, 2000
Job reference dated April 17, 2000
Letter from Electrical Workers Local No. 58 dated September 18, 2001 and March 21, 2000
Character reference from Pastor, Harvest Christian International Church dated March 25, 2000 and August 26, 2001
Thank you letter dated May 2000
Copy of marriage license and certificate of marriage
Character reference from President, Pray America dated October 24, 2001

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     830408 - 831003  COG

 Period of Service Under Review :
Date of Enlistment: 831004               Date of Discharge: 861027

 Length of Service (years, months, days):

         Active: 03 00 24
         Inactive: None

 Age at Entry: 21                          Years Contracted: 4

 Education Level: 12                        AFQT: 54

 Highest Rate: HN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.87 (3)    Behavior: 3.47 (3)                OTA: 3.73

 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 :

830408:  Applicant's initial enlistment contract documents has admission of pre-service marijuana experimentation. Enlistment waiver granted.

 831005:  Applicant briefed on Navy's policy of drug and alcohol abuse.
840720:  Applicant admitted to Naval Hospital, Psychiatric.

840724:  Disposition: Discharged to home with the diagnosis of acute intoxication with valium to moderate tinea pedis, history of drug abuse. He is discharged to full duty at this time. Psychiatry has found him fit for duty. Disciplinary action regarding the illegal procurement of valium will be left to command security.

840727:  Retention Warning: Advised of deficiency (Identified as a drug abuser IAW MILPERSMAN 3420175), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

840727:  Drug abuse Screening/Evaluation: Self-referral on 19Jul84. Recommendation: CAAC outpatient program. Comments: Pt strongly motivated, anticipate relatively good prognosis.

 840731:  Substance Abuse Report: Tranquilizers/Benzodiazepine abuse, less than monthly Feb84 - Jul84, ashore off duty. Medical 19Jul84. Medical officer found applicant not dependent and recommended Level II treatment. SAC/NASAP/NDSAP/CAAC found Applicant not dependent and recommended Level II treatment. Commanding Officer referred to CAAC, Level II. Comments: SNM as formally evaluated as an abuser of the substance listed in paragraph (4). However, it was determined that SNM possesses potential for future productive naval service. SNM placed in alcohol and drug treatment Level II. Second evaluation by CAAC.

860317:  Medical Record: Impression: Stressors combining against weakness in coping skills to form pattern of anxiety and depression. Worsened by No Doze abuse. DX: Adjustment disorder with mixed emotional features. Personality traits narcissistic, avoidant, dependent. Recommendations: 1. Return to duty - fit for same.
 2. Pt to see chaplain for supportive counseling.
3. Pt to attend AA/NA.
4. Above discussed with Pt.

 860616:  Medical Record: Impression: Poly drug abuse, chronic, not amenable to treatment. Borderline personality disorder, severe, manifested by identity disturbances, history self abusive and impulsive behavior, poly-drug abuse, history poor interpersonal relations. Recommendation: Strongly recommend separation. No further psychiatric treatment required at this time.
860619:  NAVDRUGLAB, Norfolk, VA reported Applicant's urine sample, received 860616, tested positive for THC.

860620:  NJP for violation of UCMJ, Article 112a: Wrongfully possess in his internal system THC, a schedule I controlled substance.
         Award: Forfeiture of $300 per month for 2 months, correctional custody for 30 days, reduction to HA. Forfeiture suspended for 6 months. No indication of appeal in the record.
860620:  Applicant found fit for confinement.

 860721:  Medical Record: Impression: Borderline personality. Plan: Will continue with counseling. No suicide contract agreed upon. Will discuss pt with Chaplain and get his involvement. As per psych eval 20Jun86 - will recommend discharge from the Navy.
861010:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of convenience of the government as evidenced by a personality disorder and by reason of misconduct due to drug abuse as evidenced by a positive urinalysis based on a random urinalysis screening.
861010:  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.
861021:  Commanding Officer recommended discharge under other than honorable conditions by reason of convenience of the government and misconduct due to drug abuse (use). Commanding Officer’s comments (verbatim): SA (Applicant's) history of suicide attempts, denoting an unstable condition, coupled with the demands of a military lifestyle, provides a potentially dangerous situation for both SA (Applicant) and other crew members. Furthermore, SA (Applicant's) chronic drug abuse, is intolerable. It is strongly recommended that SA (Applicant) be administratively processed for separation from the naval service, with a characterization of his service as other than honorable.

861022:  CNMPC directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

000306:  NDRB documentary record review Docket Number ND99-00852 conducted. Determination: discharge proper and equitable; relief not warranted.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 861027 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) at time of issue. However, after consideration of the Applicant’s post-service accomplishments and good citizenship the Board determined that relief was warranted. The Board voted three to two that the discharge characterization shall change to Under Honorable Conditions (General). The reason for discharge shall remain the same. The Board determined that the seriousness of the Applicant’s misconduct prevented changing the discharge characterization to fully Honorable.

Issue 1: The Applicant requested clemency based upon his post-service conduct. The Applicant has demonstrated a substantial and verifiable change in lifestyle and has shown a fervent commitment to dedicating his life’s work to non-profit public service. The Board noted the significant changes and positive direction the Applicant’s life has taken since his discharge. After a careful review of the Applicant’s post-service documentation, in addition to his official service record, the Board found that for equitable reasons relief is warranted.

Pertinent Regulation/Law (at time of discharge)

 A. Navy Military Personnel Manual, (NAVPERS 15560), Change 4/85, effective
06 Oct 86 until 14 Dec 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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