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NAVY | DRB | 2002_Navy | ND02-00768
Original file (ND02-00768.rtf) Auto-classification: Denied


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

ex-FA, USN
Docket No. ND02-00768

Applicant’s Request
The application for discharge review, received 020509, requested that the characterization of service on the discharge be changed to 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 030131. 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. To whom it may concern,
I would first like to thank the Naval Council for the opportunity of this review. I am respectfully requesting an upgrade of my administrative discharge to General Under Honorable Conditions. I am requesting a General as opposed to an Honorable because of my irresponsibility during my leave to my fellow shipmates. I am respectfully asking this for the sole reason that this was my first isolated incident in 30 months of service with no other adverse action. During these 30 months, I served in Santo Stephano, Sardina Italy under semi-isolated conditions without any incidents. I was a very dedicated sailor in the USS Orions (Port-Service). I took pride in the maintenance of the LCM-83 which the U.S. Navy gave me the responsibility of maintaining for transportation of all military personnel. I was also a shipmate of USS ORIONS (Tug-Boat) COMSUBRON-22. I was responsible of maintaining the main engine in order, for the safety of our officers to transport to and from submarines out at sea. I am now 33 years of age. I look back at when I was 17 when I joined to serve until 21 yrs old and I can honestly say, I accomplished a lot. The US navy did a lot for my life at age 17. I am grateful to have been a part of the greatest Navy in the world. I hold no grudges for my discharge, caused by my irresponsibility during my leave. But I tried my best & hardest. I am sorry for letting your officers down back in 1989. Please take this review into consideration. God Bless. Sincerely,

Applicant marked the box "I HAVE LISTED ADDITIONAL ISSUES AS AN ATTACHMENT TO THIS APPLICATION." None were found.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Certificate from USS ORION (AS-18)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     860509 - 860526  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 860527                        Date of Discharge: 890606

 Length of Service (years, months, days):

         Active: 03 00 10
         Inactive: None

 Age at Entry: 17 Parental Consent                Years Contracted: 4

 Education Level: 12                                 AFQT: 51

 Highest Rate: FN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.40 (3)    Behavior: 3.40 (3)                OTA: 3.40

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR (2)

 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 :

860530:  Applicant briefed on Navy's policy of drug and alcohol abuse.

 890221:  NAVDRUGLAB, Jacksonville, FL, reported Applicant’s urine sample, tested positive for THC.

890228:  NJP for violation of UCMJ, Article 112A Wrongful use of marijuana on 890207.
         Award: Forfeiture of $391 per month for 2 month, restriction and extra duty for 45 days, reduction to FA. No indication of appeal in the record.
890322:  NJP for violation of UCMJ, Article 92: Failed to obey lawful order on 2200, 890311.
         Award: Restriction and extra duty for 14 days. No indication of appeal in the record.
890329:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
890403:  Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
890406:  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the Applicant had committed misconduct due to drug abuse, that the misconduct warranted separation, and recommended discharge under other than honorable conditions.

890427:  Medical evaluation for drug abuse found the Applicant to be a drug abuser, not drug dependent.

890427:  Drug and Alcohol Abuse Report: Marijuana abuse, less than monthly, ashore off duty. Random urinalysis 890221. CAAC and physician found Applicant not dependent and recommended separation not via VA hospital. Commanding Officer recommended separation not via VA hospital.

890505:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use). Commanding Officer’s comments (verbatim): [I am in agreement with the Board’s finding of Misconduct due to drug abuse. FA C_ (Applicant) has been screened by both CAAC and a medical officer and found neither physically nor psychologically dependent on THC or other drugs. Drug abuse is not compatible with the duties of those of the Naval Service and cannot be condoned. I recommend that FA C_ (Applicant) be expeditiously separated with an Other than Honorable discharge.]

890529:  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 890606 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 requests his discharge be upgraded to general because of his good record and the fact that the discharge was based on one isolated event. The Board found the Applicants discharge characterization equitable and appropriate. The receipt of commendatory awards and favorable performance evaluations during an Applicant’s enlistment do not guarantee an honorable characterization of service. Drug abuse (use) warranted processing for separation, normally under other than honorable conditions. The record clearly reflects the Applicant’s disregard for the Navy’s zero tolerance policy on drug use. The record is devoid of evidence that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions. Relief denied.

 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 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 living a drug free life style, are examples of verifiable documents that should be provided to receive consideration for relief, based on post-service conduct. The Applicant did not provide any post-service documentation. Relief denied.

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge. 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. Navy Military Personnel Manual, (NAVPERS 15560A), Change 6, effective 11 Jan 89 until 13 Jun 90, 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 " 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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