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NAVY | DRB | 2002_Navy | ND02-00251
Original file (ND02-00251.rtf) Auto-classification: Denied


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

ex-HR, USN
Docket No. ND02-00251

Applicant’s Request
The application for discharge review, received 020114, requested that the characterization of service on the discharge be changed to honorable or general/under honorable 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 020731. 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 – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.



PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

 1. The events which led to my discharge was very unfortunate. I'm in no way making up excuses for my actions. I was proud to serve as a Hospital Corpsman in the U.S. Navy. I believe this attitude was reflected in my fellow shipmates. My enthusiam to learn new ideas & concepts can be seen in my school transcript at the Naval School of Health and Sciences Great Lakes, IL, and San Diego. I admit I was very stressed out during this time in my life because I had a fiancée back in Connecticut who was very ill, we were scheduled to be married when I arrived at my San Diego Duty Station. I was having problems coping with this situation. My so-call friends that I thought would comfort me were engaged in anti-social behavior. Being human and imperfect I made similar mistakes. But, on the other hand, I have been an asset to society also, I'm a member of the Jacob & Lewis Fox Foundation. I'm in the process of attending medical school this January to aquire my certification in the state of Connecticut. I will continue to be pro-active, an honorable/general discharge would only enhance my life and my family. As a proud American citizen I urge you not to consider not just my past, but the big picture, my future. My fiancée passed away as a result of her illness.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
None

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     910221 - 910530  COG

 Period of Service Under Review :
Date of Enlistment: 910531               Date of Discharge: 930222

 Length of Service (years, months, days):

         Active: 01 08 22
         Inactive: None

 Age at Entry: 27                          Years Contracted: 4

Education Level: 12                        AFQT: 76

 Highest Rate: HR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.40 (1)    Behavior: 3.50 (2)                OTA: 3.60

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 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 :

921022:  NAVDRUGLAB [SAN DIEGO, CA], reported applicant’s urine sample
                  received 921014 tested positive for [Cocaine].
921030:  Medical evaluation for drug abuse found the applicant to be not drug dependent.
921214:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by positive urinalysis for Cocaine.
921216:  Applicant advised of his rights and having elected 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.
921216:  NAVDRUGLAB [SAN DIEGO, CA], reported applicant’s urine sample
                  received 921209 tested positive for [Cocaine].

921216:  NAVDRUGLAB [SAN DIEGO, CA], reported applicant’s urine sample
                  received 921211 tested positive for [Cocaine].
921230:  Summary Court-Martial.
         Charge I: violation of the UCMJ, Article 86: Did on or about 0645, 921207, without authority, absent himself from his organization, to wit: Naval School of Health Sciences, San Diego, CA, and did remain so absent until on or about 1725, 921208. Charge II: violation of the UCMJ, Article 112a: (3 Specifications), Spec 1: Did on or near Naval School of Health Sciences, San Diego, CA, wrongfully use cocaine on or about 921014; Spec 2: Did on or near Naval School of Health Sciences, San Diego, CA, wrongfully use cocaine on or about 921201, Spec 3: Did on or near Naval School of Health Sciences, San Diego, CA, wrongfully use cocaine on or about 921209.
         Finding: to Charge I, and the specification thereunder, guilty. To Charge II, and specifications 1, 2, and 3 thereunder, guilty.
         Sentence: Confinement for 30 days, reduced to E-1.
         CA action 930122: Sentence approved and ordered executed.

930107:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use). Commanding officer’s comments: verbatim [HN D_ is considered to have no potential for further Naval service as evidenced by his drug use and complete disregard for military regulations and the Navy’s zero tolerance to drug use.]

930121:  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 930222 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).

Issue 1: The applicant asserts he is now an asset to society and that an honorable or general discharge would enhance his life. The applicant requests the Board not only consider his past, but also his future. T here 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 naval 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. Verifiable proof of any post-service accomplishments must be provided in order for the applicant to claim post-service conduct and behavior as a reason to upgrade a less than honorable discharge. Evidence of continuing educational pursuits, a positive employment record, documentation of community service, certification of non-involvement with civil authorities and credible evidence that the applicant is drug free, are examples of verifiable documents that should have been provided to receive consideration for relief, based on post-service conduct. The applicant did not provide any supporting documentation to warrant an upgrade to his discharge. Relief denied

The applicant 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.


Pertinent Regulation/Law (at time of discharge)

 A. Navy Military Personnel Manual, (NAVPERS 15560C), effective 15 Aug 91 until 04 Mar 93, 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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