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NAVY | DRB | 2002_Navy | ND02-00747
Original file (ND02-00747.rtf) Auto-classification: Denied


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

ex-FR, USN
Docket No. ND02-00747

Applicant’s Request
The application for discharge review, received 020430, 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.

Decision

A documentary discharge review was conducted in Washington, D.C. on 030206. 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 1910-146, formerly Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1. Dear Sirs:

 This is a letter written to request a change in my Naval Discharge from Other Than Honorable, to Honorable. I enlisted in the Navy in June of 2000; in November of that same year I received a discharge for substance abuse. This discharge was dealt to me for testing positive for content of THC in a urine sample. For the following reasons I am asking for your consideration in upgrading my discharge: sever personal anxiety at the time of separation, personal rehabilitation, and post-Navy accomplishments.
At the time of my separation I was experiencing massive amounts of personal stress and anguish. This state of mind, combined with the rigorous and challenging nuclear program acted as a catalyst to a deep personal stress. As this stress increased so did my personal confusion. One evening I left my command unsure of where I was going to go, or what I was going to do. In this confused and terrified mind set, I decided to stop for a drink at a Charleston bar. There I met a man who saved my life. In chatting with him, he convinced me to sleep on my thoughts, and offered me a place to stay for the evening. As the evening wore on, he and I drank and talked, then retired to his residence. Upon arriving at his residence he offered me a marijuana cigarette. Under normal circumstances, this offer would have been easy to reject; however, under the personal stress I was experiencing at that time, I accepted and smoked with him. As a somewhat bittersweet ending to this story, his friendship both convinced me to return to the command, as well as ultimately discharged me from my Naval service.
In the time period after returning the naval base, and before being released, I was in confinement at the Naval Transient personal (NTP) department located in Goose Creek South Carolina. This confinement lasted 8 weeks. There I was tried in Captains Mast, the result was not surprising: an Other Than Honorable Discharge. However it was also there I was able to conduct a self-search and self-evaluation. I was able to visit with DR. S_, a Naval psychologist. In our discussions we contemplated and searched for possible irritants leading me to this extreme pressure. In my time at the NTP, the combination of solitude and reflection enabled me to begin a new invigorated, zestful view of the positive things in my life. Time passed in South Carolina, and I was discharged in November. The last year of my life has been made possible by the self-inflicted trying circumstance just one year ago. A mix of personal shame, and a new relish for life has put me in a place today that I can be proud of. I took my past disappointment, negative energy of failure, harnessed it, and have been using it to better myself. Since then I have been attending school, first at Cascadia Community College, now a Palm Balm Beach Community college and have been receiving high marks. (See enclosed transcript) While attending Cascadia Community College, I used my efforts to create a newsletter for a Social Sciences class, which now served as an educational tool in ensuing classes. I am on track to graduate in January 2003. The future is unsure, but I can't wait to tackle it. Future plans include taking a position as summer counselor with a city organization and providing my services as a math tutor at the institution I am currently enrolled. Drugs have not been any part in my life, and I appreciate the future made possible by the US Navy. I cherish the experiences I had, daily I appreciate the valuable training I received on both life and leadership. Finally, I am proud to say that I was able to serve in such a capacity in my lifetime. Through this personal experience I was challenged, faced with adversity, made bad decisions, have suffered for them, and have overcome many personal problems. Because of my previous anxiety, personal struggles and triumphs I ask that the punishment ends, and that my discharge is upgraded. In my lowest doldrums of solitude came hope in the United States Navy.
Thank you for your time and consideration,

A_ K_ H_
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Unofficial Student Transcript from Cascadia Community College
Letter of Support from Professor of Geography D_ E. T_ III, PhD, Eastern Washington University (2 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     000523 - 000628  COG
         Active: USN                        None

 Period of Service Under Review :
Date of Enlistment: 000629               Date of Discharge: 001108

 Length of Service (years, months, days):

         Active: 00 04 08
         Inactive: None

 Age at Entry: 21                          Years Contracted: 4 (24 months extension)

 Education Level: 12                        AFQT: 94

 Highest Rate: FN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NOB                  Behavior: NOB             OTA: NOB

 Military Decorations: None

 Unit/Campaign/Service Awards: GCA (2)

 Days of Unauthorized Absence: 2

 Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-146, formerly 3630620.


 Chronological Listing of Significant Service Events :

001005:  NJP for violation of UCMJ, Article 86: Absent from organization from on or about 0650, 000927 until on or about 1940, 000929. Violation of UCMJ, Article 123: Falsified a tax-exempt form.
Punishment Imposed: Forfeiture of $150.00 pay per month for 1 month, restriction for 30 days, oral admonition, reduction to E-2. No indication of appeal in the record.

001005:  Retention Warning: Advised of deficiency (CO's NJP imposed on 001005 violation of UCMJ Article 86, Unauthorized Absence), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
001011:  Applicant diagnosed with Adjustment disorder with mixed disturbance of emotions and conduct, personality disorder, not otherwise specified with borderline and antisocial feature. The psychiatrist recommended expeditious administrative separation and returned to duty under advisement. This member does manifest a long-standing disorder of character and behavior, which is of such severity as to interfere with the Applicant serving adequately in the naval service. Although not imminently suicidal the patient is a continuing danger to self and/or others.

001018:  NAVDRUGLAB [JACKSONVILLE FL], reported Applicant’s urine sample, received 001010, tested positive for THC.

001026:  NAVDRUGLAB [JACKSONVILLE FL], reported Applicant’s urine sample, received 001010, tested positive for THC.

001026:  NJP for violation of UCMJ, Article 112a: Wrongful use of marijuana on or about 001010.
         Award: Forfeiture of 1/2 pay per month for 2 months, restriction and extra duty for 45 days, oral admonition. No indication of appeal in the record.
001027:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of convenience of the government personality disorder, misconduct pattern of misconduct and misconduct due to drug abuse (use).
001027:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights

001031:  Commanding Officer recommended discharge under other than honorable conditions by reason of convenience of the government personality disorder, misconduct pattern of misconduct and misconduct due to drug abuse (use).

001102:  Commander, Navy Region Southeast authorized 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 001108 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 contends his severe personal anxiety resulted in his misconduct. The NDRB recognizes that serving in the U.S. Navy is challenging. Our country is fortunate to have men and women willing to endure the hardships and sacrifices required in order to serve their country. It must be noted that most members of the Navy serve honorably and therefore earn their honorable discharges. In fairness to those members of the Navy, commanders and separation authorities are tasked to ensure that undeserving Sailors receive no higher characterization than is due. Unfortunately the Applicant was also involved in the use of drugs that the Navy has a zero tolerance rule on. The NDRB agrees the Applicant's service was equitably characterized as being performed under other than honorable conditions.

The Applicant asserts he has personally rehabilitated himself and he warrants an upgrade to his discharge. When the service of a member of U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable. An other than honorable discharge is appropriate when significant negative aspects of a member's conduct or performance of duty outweigh the positive aspects of the member's military record. A one-time incident can serve to significantly outweigh the positive aspects of the member's service. T he Applicant’s service was marred by the use of a controlled substance in violation of the Uniform Code of Military Justice and the Navy's Zero Tolerance Policy. The Applicant’s use of drugs, which forms the primary basis for determining the character of his service, reflects his willful use of a controlled substance. Post-service rehabilitation is commendable, but does not warrant an upgrade to the Applicant' discharge.
The Applicant contends his post-service conduct warrants an upgrade. Normally, to permit relief, the discharge or characterization of the Applicant's service had to be improper or inequitable. 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.
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. The evidence provided by the Applicant was insufficient to warrant an upgrade based on his post-service conduct. Relief denied.

 The Applicant is reminded that the period of eligibility for a personal appearance hearing is 15 years from the date of discharge. The application package must be submitted to the NDRB prior to the expiration of the 15 year period. The Applicant can provide additional documentation to support any claims of post-service accomplishments at that time. Representation at a personal appearance hearing is recommended but not required.




Pertinent Regulation/Law (at time of discharge)

 A . The Naval Military Personnel Manual, (NAVPERS 15560C), Change 27, effective 27 March 2000 - 11 Feb 2001, Article 1910-146 (formerly 3630620), Separation by Reason of Misconduct - 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 " afls14.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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