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NAVY | DRB | 2002_Navy | ND02-00262
Original file (ND02-00262.rtf) Auto-classification: Denied


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

ex-ADAR, USN
Docket No. ND02-00262

Applicant’s Request
The application for discharge review, received 20020107, requested that the characterization of service on the discharge be changed to honorable. The Applicant requested a personal appearance discharge review before a traveling panel. The Applicant listed the American Legion as the 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 hearings are held in the Washington, D.C. area.

Decision

A personal appearance discharge review hearing was conducted in Washington, D.C. on 20030916. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service at the time of issue was discovered by the NDRB. 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.
 A personal appearance discharge review was conducted in Washington, D.C. on XXXXXX. 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.







THIS IS THE CORRECT SHELL FOR Misconduct - Drug abuse (Use) effective 861215 - 870614 .

THE FINDING FOR Drug abuse, (3630620) IS EFFECTIVE FOR 861215 - 870614 ONLY.

SPN CODE HKK. THE SPN CODE IS EFFECTIVE 860911 - 930627

A general discharge is written “UNDER HONORABLE CONDITIONS (GENERAL)”

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1. This former member requests that the Board include provisions of SECNAVINST 5420.174C, enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of this application.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant's DD Form 214
Statement from Applicant, dated November 27, 2001
Character reference, dated September 17, 2001
Character reference, undated
Applicant's drivers license
Release of information, signed February 22, 2002 (2 copies)
Character reference, dated March 4, 2002
Character reference, dated March 4, 2002
Character reference, dated March 4, 2002
Rough draft of English paper, dated February 19, 2002
Notice of Funeral Service
Obituary
Statement from Applicant, dated August 23, 2003
Verification that Applicant attended a parenting class on April 21, 2001
Fingerprint page from Criminal History Check, undated
Drug testing custody control form
Paper from Applicant, “My Family, My Life” (3 pp.)
Summary of parenting mediation session, dated August 8, 2002 (3 pp.)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     860107 - 860112  COG

 Period of Service Under Review :
Date of Enlistment: 860113                        Date of Discharge: 870417

 Length of Service (years, months, days):

         Active: 01 03 05
         Inactive: None

 Age at Entry: 17 Parental Consent                Years Contracted: 4

 Education Level: 10                                 AFQT: 38

 Highest Rate: ADAA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NOB*                                   Behavior: NOB             OTA: NOB

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: None

* No trait markings were obtained for review.

 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 :

860114:  Applicant briefed on Navy's policy of drug and alcohol abuse.
860815:  CAAC evaluation: Applicant does not appear psychologically dependent on cocaine but would benefit from a Level II counseling program due to his alcohol abuse.

860828:  NJP for violation of UCMJ, Article 112A: Wrongfully use cocaine on 860722.
         Award: Forfeiture of $150 per month for 2 months, restriction for 30 days, reduction to ADAR. No indication of appeal in the record.
860912:  Applicant referred to Branch Clinic for evaluation for possible antabuse therapy.
860919:  Applicant placed on antabuse awaiting Level II.

 860930:  Drug and Alcohol Abuse Report: Cocaine abuse, less than monthly Jul86, ashore off duty. Inspection urinalysis Jul86. Medical officer found Applicant not dependent and recommended Level II. Commanding Officer recommended retention and Level II. Comments: ADAR (Applicant) exhibits good potential for further naval service. NJP held 860828 for Art 112a: use of cocaine. Awarded forfeiture of $150 for two months, 30 days restriction, and RIR to E1. Mbr is scheduled for LVL II treatment and placed on an urinalysis surveillance program. No Prior NJPs.

861003:  Applicant counseled that he was being retained in the naval service, however, the following deficiencies were identified: development of a pattern of misconduct. Applicant informed of assistance available and recommendations for corrective action.

 861027:  Applicant to CAAC Level II treatment.

 861106:  Applicant disenrolled from CAAC Level II due to two unexcused absences. In light of the fact that he drank while on antabuse it is felt that he is in need of in-patient treatment (Level III).
861204:  Branch Medical: Drug and alcohol abuse screening/evaluation: Applicant found to be psychologically dependent on alcohol. Recommend Level III. Pending ARS admission (scheduled for 23Feb87).

861212:  Branch Medical: Drug and alcohol abuse screening/evaluation: Re-evaluate for alcohol dependency. While attending Level II treatment Applicant was drinking while on antabuse and was dropped from treatment. CAAC recommends Level III treatment. Reviewed evaluation of 4Dec86 and agree.
870313:  NJP for violation of UCMJ, Article 112A (2 specs):
 Specification 1: Wrongfully use marijuana on 870217.
Specification 2: Wrongfully use cocaine on 870217.
         Award: Forfeiture of $300 per month for 2 months, restriction for 60 days. No indication of appeal in the record.
870313:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
870313:  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.
870319:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

870404:  CNMPC directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

870417:  Applicant declined in-patient treatment at a VA hospital prior to separation.

870418:  Drug and Alcohol Abuse Report: Marijuana abuse, less than monthly, ashore off duty. Random urinalysis 870217. CAAC and physician found Applicant dependent and recommends separation via VA hospital. Commanding Officer recommends separation via VA hospital. Comments: Poor potential. Average work performer.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19970417 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’s discharge characterization accurately reflects his service to his country. Drug abuse warranted processing for separation under other than honorable conditions. Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question. No such error or inequity is evident 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. While the Board commends the Applicant for the positive endeavors that he has involved himself in, the Applicant’s evidence of post-service conduct was found not to mitigate the offenses for which he was discharged. Relief not warranted.


Pertinent Regulation/Law (at time of discharge)

 A. Navy Military Personnel Manual, (NAVPERS 15560), Change 7/86, effective
15 Dec 86 until 14 Jun 87, 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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