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NAVY | DRB | 2002_Navy | ND02-00860
Original file (ND02-00860.rtf) Auto-classification: Denied


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

ex-EN3, USN
Docket No. ND02-00860

Applicant’s Request
The application for discharge review, received 020521, requested that the narrative reason for the discharge be changed. The application also requested a change to the reenlistment code assigned on the Applicant's DD Form 214. 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 030228. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the narrative reason for the Applicant’s discharge. The Board’s vote was unanimous that the narrative reason of the discharge shall not change. The discharge shall remain: HONORABLE/Misconduct – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1. To All Parties Concerned:

Let me start off by saying thank you for your time and consideration in reviewing my case. My name is [Applicant] and I am thirty-one years old. I would like to enter the Air National Guard but my reentry code (Re-4) from the Navy will not let me. Please allow me a moment of your time to explain my situation. In May of 1993, I had an argument with my senior N.C.O. After this took place I was on his bad side. During a routine locker search he found a bottle of over the counter caffeine pills and said I was in trouble and stated to me anything not prescribed by a Navy doctor was considered illegal drug use. After he talked to the upper chain of command, I was referred to D.A.P.A. (Drug and Alcohol Prevention Advisor). I had a session with the counselor about the problem and after about an hour of discussing this issue and my past drug use (before I entered the Navy) it was determined I had a drug addiction. I was offered treatment for drug dependency. I refused. I was sent back to my command to be processed out of the Navy without the chance to appeal this decision. Mind you, I was never given a urine analysis, a court-martial or a Captain's Mast. I was just simply discharged with an Honorable Discharge and a RE-4 code. I feel this reentry code to be unfair and I was not given any legal council to my right to due process. This same N.C.O. also wrote my final evaluation reports before exiting the Navy. And I believe my past service records will show I was a competent and excellent sailor and held myself to the highest Naval traditions, and find this matter contradicts what the real problem was. Since then I haven't taken any pills and have taken several drug tests for pre-employment and maintaining employment at Profile Extrusions Co. I realize that to serve in the Armed Forces is a privilege and not a right, and the responsibility is not to be taken lightly. I very much miss the Honor and the challenge that the Armed Forces have given me in the past. With your consideration, I would like an opportunity to continue my career in the Armed Forces. So in closing, I'm sending past evaluation reports and other letters of reference testifying my commitment and loyalty to the Armed Forces along with three personal references.

Once again thank you for your time and consideration in this matter.
 Sincerely, [Applicant]


Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant's DD Form 214
List of personal references
Letter to Applicant from National Personnel Records Center dated September 21, 2001
Certification of Military Service dated September 19, 2001
Honorable discharge certificate dated June 25, 1993
Ten pages from Applicant's service record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     880929 - 881121  COG
         Active: USN                        881122 - 920928  HON

 Period of Service Under Review :
Date of Enlistment: 920929               Date of Discharge: 930625

 Length of Service (years, months, days):

         Active: 00 08 27
         Inactive: None

 Age at Entry: 22                          Years Contracted: 6

 Education Level: 8 GED            AFQT: 56

 Highest Rate: EN3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.20 (1)    Behavior: 3.20 (1)                OTA: 3.20

 Military Decorations: NAM

 Unit/Campaign/Service Awards: SSDR with 1 Bronze Star, NDSM, NEM, MCEM, GCM, CGSOSR

 Days of Unauthorized Absence: None

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

HONORABLE/Misconduct – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.

 Chronological Listing of Significant Service Events :

881125:  Applicant briefed on Navy policy on drug and alcohol abuse as set forth in OPNAVINST 5350.4.

930513:  Medical record entry: Applicant referred to USS WHIDBEY ISLAND (LSD 41) Medical Officer for evaluation. Medical Officer noted the following: Applicant complains of "wanting a fix" - requests "med, Darvocet, Tylox, Sudafed, anything"; Applicant took speed "to stay awake at night to do his engineering job aboard ship, feels like "I can't handle it" and requests something; Applicant stated that the last time he took anything was Tylox (controlled substance) on 930420 which he obtained from dentist; Applicant stated he has been through two pre-service rehabilitations for THC and LSD.
         Assessment: Discussion with Applicant revealed that he was most interested in getting help for his perceived drug problem, which on further questioning involves only over-the-counter caffeine pills with last dose being 930420.
         Plan: DAPA was present and case discussed with C.O.; arrange a CAAC evaluation as soon as possible.

930524:  Medical record entry: Applicant referred to USS WHIDBEY ISLAND (LSD 41) Medical Officer for drug dependency evaluation. Medical Officer noted the following: Applicant admitted to taking Darvacet and Demerol (both controlled substances) on one or two occasions after obtaining drugs from family member to whom they were prescribed; Applicant uses Tylox (also controlled) once or twice a week; Applicant uses 5 to 6 caffeine pills (over-the-counter) per day; Applicant feels he cannot control his caffeine or narcotic use; and Applicant has tried to cut down before but continues to use despite recurrent problems.
         Assessment: Caffeine and narcotics dependence.
         Plan: Poor prognosis for future sobriety and abstinence as evidenced by two prior in-patient failures but (if command agrees) recommend Level III treatment.

930625:  Applicant offered in-patient treatment at a VA hospital due to drug dependency and declines.

930702:  Applicant notified of intended recommendation for discharge under honorable conditions (general) by reason of misconduct due to drug abuse as evidenced by medical evaluation. [Not signed by Applicant, document states "signature on file".]
UNDATED:         Statement of Awareness and Request for, or Waiver of, Privileges provided by command. [Not annotated or signed by Applicant, document states "signature on file".]
930728:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use). Commanding Officer's comments: "EN3 S_ is considered to have no further potential for continued Naval service due to Drug Abuse. It is in the best interest of the U.S. Navy that he be discharged as soon as possible."



930812:  BUPERS WASHINGTON DC directed the Applicant's discharge as type warranted by service record by reason of misconduct due to drug abuse (use).

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 930625 with an honorable characterization 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 that his command discharged him based on his use of a legal substance as well as two cases of pre-service substance abuse rehabilitation. The Applicant further contends that, as a matter of equity, he never was administered a drug test nor was subjected to judicial or nonjudicial proceedings that substantiated his use of illegal substances. The service and medical records that the Board reviewed showed that there is credible evidence of illegal drug use and that the Applicant's discharge was proper and equitable. Specifically, the Applicant's self-referral to command authority and admissions to medical authority (on 930513 and 930524) were enough to begin his processing for administrative separation. With respect to processing, the Applicant's command did act according to applicable Naval directives. His discharge was properly characterized as honorable as warranted by his service record. No other narrative reason for discharge, however, more clearly describes the circumstances surrounding the Applicant’s processing for administrative separation. Relief is therefore denied.

The Applicant further contends that since his discharge, he has not used illegal drugs and has maintained steady employment. While the Applicant’s post service conduct is commendatory, again, the facts of the case remain and there is no other narrative that more clearly describes the circumstances surrounding his discharge. Relief denied.

The Applicant is advised that changes to reenlistment codes are beyond the authority of the NDRB and that he should address this issue to the Board for Correction of Naval Records. The Applicant is further advised that reenlistment codes do not necessarily bar a former service member from re-entering service and that he should address the issue of a waiver to the applicable service recruiter.

 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. Representation at a personal appearance hearing is recommended but not required.


Pertinent Regulation/Law (at time of discharge)

 A . Navy Military Personnel Manual, (NAVPERS 15560C), Change 5/93, effective 05 Mar 93 until 21 Jul 94, 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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